Copyright in Graffiti?
Looks like the designer of the swimsuits used by the Spanish women's synchronized swim team used images of a German graffiti artist without permission [WSJ Law Blog]. In the comments - does it matter whether the graffiti was legal or illegal? (It seems like legality is not an issue in this case, but the comments raise an interesting question.)
I know that courts use the unclean hands doctrine to deny relief to trademark or copyright plaintiffs who are engaging in questionable conduct. I actually represented a party whose claims were rejected by a court on this basis (at the injunctive relief stage). Don't ask about the details . . . .
Elsewhere, the Heart/McCain Palin infringement feud continues . . . .
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