Issue No. 026
July 10, 2026
New York
|
|
|
|
|
|
|
|
The IP Briefing · by ESCA Legal
|
|
|
|
| A Florida federal judge dismissed Kimberly Marasco's copyright lawsuit against Taylor Swift and related music defendants with prejudice. |
| § | Marasco alleged that more than a dozen Swift songs copied language, ideas, and themes from poems written between 2017 and 2021. | | § | The court found that the asserted similarities involved basic ideas, themes, metaphors, isolated words, and short phrases that copyright law does not protect. | | § | The ruling also found that the complaint did not plausibly allege access or substantial similarity. | | § | Marasco has appealed the dismissal. |
|
| Continue reading → |
| § ESCA Takeaway |
| This issue follows the boundaries of protectable expression and brand identity, from common lyrical themes to beauty naming and alleged copying in charting songs. |
|
|
| More IP Stories |
|
| § Trademark · Filed |
|
|
| Coty asked a New York federal court to dismiss Squish Beauty's trademark lawsuit over CoverGirl Clean Fresh Squishy Glaze lip products. |
| § | Coty argues that the full CoverGirl product name and prominent house mark reduce the likelihood of consumer confusion. | | § | The motion points to Squish Beauty's earlier USPTO position that SQUISH and SQUISHY differed enough to coexist. | | § | Coty also argues that SQUISH is weak for cosmetics because the term describes product characteristics and appears in other marks. | | § | The court has not ruled on the motion. |
|
|
Why it matters
Statements made to secure a trademark registration can become important evidence in later enforcement. Beauty brands with crowded naming fields also face pressure to define exactly what their registrations cover.
|
| Continue reading → |
|
| § Copyright · Filed |
|
|
| Three Los Angeles songwriters sued HYBE and several writers behind BTS's SWIM, alleging that the track copied their unreleased demo of the same name. |
| § | The complaint was filed in the Central District of California on July 8. | | § | The plaintiffs allege that industry contacts heard their 2025 demo before BTS recorded and released its song. | | § | The claims focus on alleged similarities in the hook, harmony, texture, rhythm, and lyrics. | | § | The plaintiffs seek an injunction, damages, profits, or co-writer credit and an accounting. |
|
|
Why it matters
Demo-submission cases place access evidence alongside musical similarity. Listening records and the path a song took through publishers and collaborators can become central to the dispute.
|
| Continue reading → |
|
QUICK HITS
| § Copyright | A New York music publisher sued NewJeans, HYBE, ADOR, Apple, and other defendants in California, alleging that ETA copied protected musical elements from the 2005 track Samir's Theme. [source] |
|
|
|
|
|
|
|
|
Not subscribed? Sign up for future editions of Marked by ESCA Legal.
|
|
|
|
This newsletter is for informational purposes only and does not constitute legal advice. Published by ESCA Legal. Reading it does not create an attorney-client relationship. Attorney advertising; prior results do not guarantee a similar outcome.
|