A former student of the Fashion Institute of Technology (FIT) recently suffered a decisive blow in her lawsuit against her alma mater and Barnes & Noble, Inc. (Barnes & Noble), which is based on the latter’s use of the student’s copyrighted drawing in connection with the production of a line of backpacks. In largely granting Barnes & Noble’s motion to dismiss, the Federal District Court for the Southern District of New York tossed out most of the student’s claims against the retailer and the school, leaving intact only the student’s claim of infringement relating to the defendants’ alleged reproduction of her drawing. See Rubio v. Barnes & Noble, Inc., No. 14-cv-6561 (JSR) (S.D.N.Y. Nov. 12, 2014).
Anthony D. Peluso
Anthony Peluso is an associate in the Intellectual Property Group. He focuses his practice on both domestic and international trademark prosecution, enforcement, and counseling, including the selection and clearance of marks in the United States and abroad, registration, licensing, enforcement, and litigation.
Anthony counsels clients on domestic and international trademark and copyright matters, including clearance, prosecution, and maintenance of trademark rights, copyright and trademark licensing, enforcement, and infringement matters, and advertising issues. He regularly prepares brand availability opinions and advises clients on opposition and cancellation proceedings. Anthony works with clients in a diverse range of industries, including computer software, hospitality, telecommunications, pharmaceutical, restaurant services, and consumer products.
Prior to joining Arent Fox, Anthony served as a judicial intern for the Honorable Anthony J. Trenga of the US District Court for the Eastern District of Virginia.
Publications, Presentations and Recognitions
While in law school, Anthony was the executive editor for the George Mason Law Review, and he authored the article titled, “A Distinction Without a Difference: How Callahan v. Millard County Drew an Unwarranted Line in the Sand of Fourth Amendment Jurisprudence,” 18 GEO. MASON L. REV. 163 (2010).
Blog Posts by Anthony D. Peluso
The French luxury goods conglomerate LVMH Moët Hennessy Louis Vuitton S.A. (LVMH) recently settled its long-running court battle with eBay, Inc. over the online auction website’s alleged distribution of counterfeit luxury goods. Although financial terms were not disclosed, the two companies announced that they would collaborate in implementing measures aimed at protecting intellectual property rights and preventing the sale of counterfeit goods online. “Thanks to our joint efforts, consumers will enjoy a safer digital environment globally,” the companies said in a joint statement.
Over the past several years, many fashion and apparel retail companies have implemented RFID technology in their stores, as it provides a fast, cost-efficient, automated, and accurate method for tracking inventory both through the supply chain and within the retail environment. However, as previously discussed by Arent Fox, many of these companies have been contacted by a patent-licensing company called Round Rock Research LLC (Round Rock) regarding their use of RFID readers and tags in their stores. Round Rock, which operates as a non-practicing entity (NPE) and earns revenue solely by licensing and enforcing its patents, alleged that the retailers’ use of RFID products provided by vendors such as Motorola Solutions, Inc. and SMARTRAC N.V. infringed several of its patents encompassing RFID technology.
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