The case will be a rematch for Fairey's counsel--former Bingham McCutchen partner Anthony Falzone, who's now executive director of Stanford Law School's Fair Use Project--and AP lawyer Dale Cendali of O'Melveny & Myers. Last spring the two were on opposite sides of a trial involving a Harry Potter fan's attempt to publish a Potter lexicon. (Cendali, representing Potter author J.K. Rowling, successfully blocked publication.)In the interest of full (though probably unnecessary) disclosure: I used to work at O'Melveny, and Mark Lemley taught my Intro to IP class in law school. So I am hopelessly biased in favor of both sides.
This time around Falzone will also have Stanford Law professor Mark Lemley (of the newly formed IP litigation boutique Durie Tangri Lemley Roberts & Kent) with him. O'Melveny partner Claudia Ray is working with Cendali.
Tuesday, February 10, 2009
Fairey v. AP: Harry Potter redux?
Ross Todd at the Am Law Litigation Daily has an interesting factoid about the counsel in Shepard Fairey's declaratory judgment suit over the "Obama Hope" poster: