- Canada: passenger sues saying low-cost airline boasted of “champagne service” but served only sparkling wine [The Points Guy]
- Not just air: balloon makers face serious copyright issues [Timothy Casey (Baker & Hofstadter), Balloon Professionals Magazine via @JenniferMRomig on Twitter]
- Noteworthy: Gov. Jerry Brown (D-Calif.), citing due process concerns, vetoes state bill adopting into law Obama-era guidance on campus sexual misconduct [Emily Yoffe, The Atlantic]
- New electronic logging mandate eliminates fudge factor for independent and big-fleet truckers alike. What could go wrong? [Alan Smith and Forrest Lucas, The Hill]
- San Diego: “Artist Says Hotel Damaged His Work, Let It Be Used in Porn” [Victoria Prieskop, Courthouse News]
- “U.S. Withdrawal from UNESCO Is A Good Start” [Marian Tupy, Reason]
4 Comments
“Yves Clement specializes in abstract paintings and giclée prints based on a technique of dripping paint directly from a wooden stick onto a canvas.
. . . He estimates that the 766 pieces of art leased to the hotel are worth $6.5 million to $17 million.”
I should have saved my drop cloths.
It seems very unlikely to me that the hotel is liable for his work being shown in pornographic films. As I understand it, the makers of pornographic films do not identify themselves as such when they book hotel rooms. The hotel probably had no way of knowing that its beds would appear in pornographic films.
The balloon article seems to get the numbers wrong for statutory damages (at least, assuming https://www.law.cornell.edu/uscode/text/17/504 is accurate) – the actual numbers are often double or triple what is stated. It’s apparently using the law as it was originally written, instead of the law as it was amended – and it was first amended way back in 1988. And this was written by someone calling himself an IP attorney! (I have visions of a defense team baffled by why their opponent is only asking for $10,000 when the law allows damages of up to $30,000.)
Did it specify french champagne service? Otherwise it’s just a trademark issue and the passenger doesn’t have standing since they aren’t the trademark holder.
I really need to find me a stick, and some paint… Who knew that dripping was so valuable.