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Cardozo FAME Center IP Law

Richard Young & Jonathan Luciano

New York


Scarlet Broadcasting v. Plum Enterprises 

Bench memo available on Box. In an episode of its television show, Mustard, Plum Enterprises used Scarlet Broadcasting's mark to comedically comment on Scarlet's recent entanglement with money laundering. Scarlet Broadcasting then brought a claim for trademark infringement against Plum. In its cross complaint, Plum alleged that Scarlet infringed Plum's copyright in a publicity photo for Mustard when Scarlet embedded the photo on its website. However, Scarlet claims that Plum never owned the copyright in the photo because there was no work for hire relationship established between the photographer and Plum. The following three questions presented are now before the Supreme Court: 

  1. Whether and to what extent Defendant’s use of Plaintiff’s trademark in an expressive work is entitled to heightened First Amendment protection.

  2. Whether alleging a claim for work made-for-hire under 17 U.S.C. § 101 largely, but not independently based on the Reid control factor, is sufficient to survive a motion to dismiss under Rule 12(b)(6).

  3. Whether a server necessarily must contain a copy of an embedded or framed copyrighted work in order to violate the 17 U.S.C. § 106(5) display right. 

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Meeting ID: 945 7174 5491


Nicholas Medellin (student) & Jackie Dailey (alumni)

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Date and Time Location Judges
Sun. February 18th
10:15 AM - 11:45 AM 333-403 [CLOSED] [5 more spots]
Mon. February 19th
2:45 PM - 4:15 PM 333-403 [CLOSED] [5 more spots]
Wed. February 21st
8:00 PM - 9:30 PM 198 Baxter [5 more spots]
Thu. February 22nd
11:45 AM - 1:00 PM 333-LL04 Annapurna Johnson Meera Srinivasan [3 more spots]
Fri. February 23rd
9:30 AM - 11:00 AM 200-619 Hanah Wyman Josh Verceles Akbar Mahmood [2 more spots]
Sat. February 24th
9:30 AM - 11:00 AM 333-404 [5 more spots]
12:30 PM - 2:00 PM 198 Specter Charlotte Manyasli Tyler Tucker Noemi Sanchez [2 more spots]
Sun. February 25th
10:00 AM - 11:30 AM 200-123 [5 more spots]
1:00 PM - 2:30 PM 198 Specter [5 more spots]
Tue. February 27th
12:30 PM - 1:30 PM 198 Specter David Gay Meera Srinivasan Maggie Bell Akshana Vinotheesan Alicia Damele [no more spots]
Wed. February 28th
11:30 AM - 1:00 PM 198 Baxter Josh Verceles (to 12:30) Sevan Nahabedian Donato Cipponeri [2 more spots]
8:00 PM - 9:00 PM 198 Baxter Rana Salem Ethan Blyn Ethan Blyn Ray Basurto Madison Zuniga [no more spots]
Thu. February 29th
11:30 AM - 1:00 PM 333-LL04 Joseph Brooke Olivia Hooker [2 more spots]
Sat. March 2nd
7:30 AM - 9:00 AM Zoom [5 more spots]
Tue. March 5th
8:00 AM - 9:30 AM Zoom Aaron Krull Amna Qamer Kate Ahn Ashley Han Ray Basurto Kristie Lam [no more spots]
Thu. March 7th
8:00 AM - 9:30 AM Zoom Erin Conghuyen Amna Qamer Genevieve Fermin Josh Verceles Kate Ahn [no more spots]
Sun. March 10th
9:30 AM - 11:00 AM 198 Baxter Stephen Klavuhn (MIT) Noemi Sanchez (zoom) [3 more spots]
12:30 PM - 2:00 PM 200-123 Noemi Sanchez (zoom) Ashley Shafer [3 more spots]