Stacey L. Callaghan

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State Law Claims Suffer “Awfully Big Adventure”: New York Court Finds Federal Copyright Preemption in Dispute over Peter Pan Musical

On June 8, 2015, the New York County Supreme Court dismissed with prejudice eight of twelve state law claims brought by a producer seeking damages for the purportedly unauthorized use of his music in a world-wide production of Peter Pan. Craig Barna and Bronsand Music Inc. v. Cathy Rigby, Tom McCoy, McCoy Rigby Entertainment, and … Continue Reading

False Advertising Claims Challenging Scientific Discourse

The Fifth Circuit recently distinguished Second Circuit precedent in determining what scientific discourse may constitute false advertising. In Eastman Chemical Company v. Plastipure, Incorporated; Certichem, Incorporated, 2014 WL 7271384 (5th Cir. Dec. 22, 2014) (“Eastman Chemical”), plaintiff alleged that defendants made false scientific statements about plaintiff’s product, “Tritan,” following a scientific study of Tritan.  Those … Continue Reading

Don’t Always Believe What You Read In The Papers: Counterfeiting Might Be “Only” Infringement, And Summary Judgment Might Be Less Than It Appears

Although trumpeted in the legal and fashion press as a major counterfeiting victory on summary judgment, absent the severe sanctions imposed on the defendants in River Light V, L.P. and Tory Burch LLC v. Lin & J International, Inc., 2014 WL 6850966 (S.D.N.Y. Dec. 4, 2014) (“Tory Burch”), plaintiffs might not have prevailed at all … Continue Reading