Star Athletica: One Year Later
Short video featuring Sandra Aistars, Lee Sporn, Susan Scafidi, and Stephen Doniger
Short video featuring Sandra Aistars, Lee Sporn, Susan Scafidi, and Stephen Doniger
The Copyright Act of 1976 was designed to protect and encourage creative expression. Courts, however, have struggled with interpreting the act to determine the appropriate level of intellectual property protection for the fashion industry, designers, and other innovators. In 2016, the question of fashion copyrights came before the Supreme Court in the case Star Athletica, LLC v. Varsity Brands, Inc. One year ago, they reached a decision that redrew the lines for useful articles and artistic expression in copyright protection.
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Clinical Professor and Senior Scholar and Senior Fellow for Copyright Research and Policy of C-IP2, Antonin Scalia Law School, George Mason University
Sandra Aistars is Senior Fellow for Copyright Research and Policy and a Senior Scholar at the Center for Intellectual Property x Innovation Policy (C-IP2). She also leads the law school’s Arts & Entertainment Advocacy Program. Professor Aistars has over twenty years of advocacy experience on behalf of copyright and other intellectual property owners. She has served on trade missions and been an industry advisor to the Department of Commerce on intellectual property implications for international trade negotiations; worked on legislative and regulatory matters worldwide; frequently testified before Congress and federal agencies regarding intellectual property matters; chaired cross-industry coalitions and technology standards efforts; and is regularly tapped by government agencies to lecture in U.S. government-sponsored study tours for visiting legislators, judges, prosecutors, and regulators.
Immediately prior to joining Scalia Law, Professor Aistars was the Chief Executive Officer of the Copyright Alliance – a nonprofit, public interest organization that represents the interests of artists and creators across the creative spectrum. While at Scalia Law, she continues to collaborate with the Copyright Alliance as a member of its Academic Advisory Board. Professor Aistars currently serves on the boards of the Washington Area Lawyers for the Arts (WALA) and the Howard Intellectual Property Program (HIPP), and she has previously served as trustee of the Copyright Society of the USA (CSUSA). Professor Aistars has also previously served as Vice President and Associate General Counsel at Time Warner Inc. She began her legal career in private practice at Weil, Gotshal and Manges LLP.
Of Counsel, Olshan Frome Wolosky LLP
Lee is an internationally renowned intellectual property and corporate lawyer and a leader in the fashion and retail law industry. His focus is on clients in the luxury goods, fashion and retail industries. Lee has extensive experience over a broad range of legal matters including intellectual property, licensing, marketing, transactional, securities, commercial and retail real estate, and employment.
Lee has served as General Counsel and in key management positions, most recently as Senior Vice President - Business Affairs, General Counsel & Corporate Secretary at Michael Kors Holdings Limited. He was part of the senior management team that over his thirteen year tenure transformed the company into one of the most successful fashion brands in the world, culminating in the company’s successful initial public offering in 2011.
Prior to Michael Kors, Lee was Senior Vice President, General Counsel & Corporate Secretary at Kasper A.S.L., Ltd., and he spent over eleven years at Polo Ralph Lauren Corporation, including as its Vice President of Intellectual Property and Associate General Counsel. His areas of responsibility included initial public offerings, product and territorial licensing, acquisitions and management of substantial licensees, joint venture agreements, supervision of major litigation, managing and enforcing the global intellectual property portfolio, and a range of compliance and legal issues relating to all production, advertising and public relations matters.
Lee was awarded the Luxury Law Summit's Lifetime Achievement Award. He is at the forefront of academic and industry leadership, including serving as Professor from Practice at Cardozo Law School where he helped create, and is now Co-Director of, its unique Fashion, Arts, Media and Entertainment Law Center (FAME). In addition, he serves as a Lecturer in Law at the University of Pennsylvania School of Law and Adjunct Professor at Villanova Law School. Lee is a contributor to Fashion Law, A Guide for Designers, Fashion Executives & Attorney (Fairchild Books, 2014), and was the project creator and co-editor of the seminal treatise, Trademark Counterfeiting (Aspen Law & Business, 1999). He served as Chairman of the International Anticounterfeiting Coalition and served on its board as a member of its Executive Committee for over a decade, and has been a frequent lecturer to federal, state and local law enforcement personnel, as well as to the trade, on matters relating to intellectual property protection and licensing. Sporn has been featured in publications including Corporate Counsel, Global Legal Post and Women’s Wear Daily.
Sporn received his J.D. Magna Cum Laude from Brooklyn Law School where he was a notes editor on the Brooklyn Law Review and received the Stanley Nathanson Award for outstanding leadership & scholarship. Following Brooklyn Law School, Sporn was an associate at Proskauer Rose. He received his B.A. at Oberlin College of Arts & Sciences and Oberlin Conservatory of Music.
Academic Director, Fashion Law Institute, Fordham University School of Law
Susan Scafidi is the first professor ever to offer a course in Fashion Law, and she is internationally recognized for her leadership in establishing the field. She has testified regarding the proposed extension of legal protection to fashion designs and continues to work actively with members of Congress and the fashion industry on this and other issues. Her additional areas of expertise encompass property, intellectual property, cultural property, international law, trusts &estates, and legal history. Professor Scafidi founded and directs the nonprofit Fashion Law Institute, which was established with the generous support and advice of the Council of Fashion Designers of America and its president, Diane von Furstenberg, and is located at Fordham Law School. Prior to teaching at Fordham, Professor Scafidi was a tenured member of both the law and history faculties at SMU, and she has taught at a number of other schools, including Yale, Georgetown, and Cardozo.
Doniger/Burroughs APC
Over the past five years, Mr. Doniger has handled more copyright cases than any other attorney in the United States, with his firm named as the top copyright litigation firm in Lex Machina’s 2015 Copyright Litigation Report. He has also prevailed in every copyright matter taken to trial, and has been lead trial counsel in many of the largest copyright verdicts in the Central District, including: Advanced Visual Image Design, LLC v. Exist, Inc., Case No. 2:10-cv-09383 ($1,754,272 verdict), United Fabrics International v. Lane Bryant, et al., Case No. CV08-6865 ($447,670 verdict), Caribbean Blues, Inc. v. Target Corp., et al., Case No. CV10-3334 ($389,638 verdict). He has also realized numerous six and seven figure settlements in his clients’ favor, including a $1.1 million settlement in favor of his client on the day of trial in Star Fabrics, Inc. v. Morex, Inc. et al., Case No. CV-10-7987, and a low seven-figure settlement in L.A. Printex Industries, Inc. v. William Carter Co., Case No. CV09-02449 which was negotiated in the middle of a bifurcated trial after he obtaining a willful copyright infringement liability verdict.
Since prevailing in his first trial as a sole practitioner in 1997 (One World Marketing v. MEK Int’l, Case No. BC 193556 – trademark infringement / trade secret theft jury verdict for plaintiff of $550,000), he has built a successful practice around business disputes in general and intellectual property in particular, representing photographers, authors, fine artists, and clients in the marketing, fashion, entertainment, real estate and hospitality industries. And in his 20+ years of practice Mr. Doniger has successfully litigated cases in the federal and state courts of California, New York, Nevada, and South Carolina, and has overseen litigation in foreign jurisdictions including Canada and the United Kingdom through local counsel.
Mr. Doniger has also successfully handled numerous state and federal appeals, including arguing before the Second Circuit to affirm a willful infringement verdict he obtained at trial before the Southern District of New York in LA Printex Ind., Inc. v. Pretty Girl, Inc. et al., prevailing in LA Printex Industries, Inc. v. Aeropostale, Inc., et al, (9th Cir. Case No. 10-56149 – January 12, 2012 reversal of summary judgment against Doniger/ Burroughs client) and United Fabrics International v. Lane Bryant, et al. (9th Cir. Case No. 10-56169 – 12/20/11 substantially affirming of Doniger / Burroughs trial verdict).
Mr. Doniger has been selected by Global Law Experts as its exclusive copyright law expert for California, has been a featured speaker on copyright, trademark, and misappropriation of likeness law for California Lawyers for the Arts, Fashion Business Incorporated and other groups, and has been retained as an expert witness on copyright litigation. He has also been profiled multiple times in the Daily Journal, which complimented that “he projects a thoughtful and ethical wisdom, particularly when it comes to practicing law,” and has featured and quoted in many other articles on intellectual property and business topics. Similarly, Doniger / Burroughs and its work has been featured in the Los Angeles Business Journal, Daily Journal, Los Angeles Weekly, and Fortune Magazine.
Mr. Doniger graduated from Brandeis University in 1992 with a double major in political science and philosophy, and a minor in international studies. In 1995 he obtained his law degree from the University of Southern California where he was a member of the Hale Moot Court Honors program, externed for the Honorable Ronald S.W. Lew, interned for the District Attorney’s Office in the Environmental Crimes Division, and was a California State Bar Environmental Law Section student writing competition winner.
