Fashion Counsel with Anthony V. Lupo

Arent Fox's fashion law blog offers news, analysis, and insights for the industry from fashion attorney Anthony Lupo.

Fashion Counsel with Anthony V. Lupo

Margaret Wheeler-Frothingham

Margaret Wheeler-Frothingham
New York, NY

Margaret Wheeler-Frothingham is an associate in Arent Fox’s Intellectual Property practice. Margaret’s practice covers all aspects of copyright and trademark law with a particular emphasis on the music, entertainment and fashion industries. Margaret litigates copyright compulsory license rate-setting proceedings, including proceedings before the Copyright Royalty Board. Margaret is experienced in drafting and negotiating intellectual property licenses and agreements, including royalty agreements for the public performance of copyrighted musical works, literary publishing agreements, collaboration agreements, and trademark license agreements. Margaret has represented the global trademark portfolios of multinational corporations in connection with international and domestic trademark prosecution, enforcement and litigation.


Blog Posts by Margaret Wheeler-Frothingham

Intellectual Property, Copyright
Supreme Court Clarifies Availability of Copyright for Applied Art on Apparel

On March 22, 2017, the Supreme Court issued a ruling in Star Athletica, L.L.C. v. Varsity Brands, Inc., et al, No 15-866, clarifying that the Copyright Act protects applied artistic elements appearing on utilitarian objects, including apparel. In a ruling authored by Justice Clarence Thomas, the Court held that: “[a] feature incorporated into the design of a useful article is eligible for copyright protection only if the feature (1) can be perceived as a two- or three- dimensional work of art separate from the useful article, and (2) would qualify as a protectable pictorial, graphic, or sculptural work – either on its own or fixed in some other tangible medium of expression – if it were imagined separately from the useful article into which it is incorporated.”

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Arent Fox LLP, founded in 1942, is internationally recognized in core practice areas where business and government intersect. With more than 350 lawyers, the firm provides strategic legal counsel and multidisciplinary solutions to clients that range from Fortune 500 corporations to trade associations. The firm has offices in Los Angeles, New York, San Francisco, and Washington, DC.