Issue No. 017
June 17, 2026
New York
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The IP Briefing · by ESCA Legal
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| A Northern District of California jury found that Quince infringed Deckers Outdoor's UGG boot design patent, but also found the patent invalid, leaving Deckers without relief after trial. |
| § | The case focused on Quince's Australian Shearling Mini Boot and Deckers' design patent covering the UGG Classic Ultra Mini boot. | | § | Deckers had already lost key trade dress theories before trial, leaving the design patent claim as the remaining path to relief. | | § | The jury found substantial similarity but concluded that the asserted patent was not valid. | | § | Quince framed the dispute as an attempt to control a common shearling boot category, while Deckers framed it as protection for a specific patented product design. |
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| Continue reading → |
| § ESCA Takeaway |
| This issue tracks how dupe-era disputes can turn on the validity of the right being asserted, how AI-edited creator content raises consent and publicity risk, and how music licensing fights keep moving through platform product design. |
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| More IP Stories |
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| § Right of Publicity · Filed |
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| Influencer Molly Tranchin, known online as FashionVeggie, sued EBY in California federal court over an allegedly unauthorized AI-altered ad that used her likeness in promotional content for the lingerie brand. |
| § | Tranchin alleges that EBY posted an altered video that made it appear as though she had approved and published imagery she says she did not create or authorize. | | § | The complaint names a Sofia Vergara-backed intimates brand and includes claims tied to publicity rights, copyright, contract, defamation, and California deepfake protections. | | § | The dispute grew out of an influencer marketing relationship in which brand content could appear through Tranchin's social account. | | § | Tranchin seeks damages and injunctive relief requiring removal of the disputed video and copies of it. |
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Why it matters
Creator campaigns now depend on control over likeness, authenticity, and channel access. If brands use AI tools to change creator content after approval, ordinary influencer agreements may not be enough to manage the right of publicity, copyright, and consent risks.
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| Continue reading → |
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| § Copyright · Pending |
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| A federal judge allowed Eight Mile Style to proceed with a direct copyright infringement claim against Meta over allegedly unlicensed Eminem compositions in the music libraries for Facebook, Instagram, and WhatsApp. |
| § | Eight Mile Style owns 243 Eminem compositions and seeks statutory damages tied to alleged use across Meta's platforms. | | § | Meta moved to dismiss, arguing that the complaint was too general to support the claimed infringement theory. | | § | The court held that allegations about placing the works in platform music libraries were enough to plausibly plead direct infringement at this stage. | | § | The court dismissed secondary infringement theories tied to user-created posts because the complaint did not identify specific infringing examples. |
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Why it matters
Music-library features are becoming a major copyright pressure point for social platforms. The ruling keeps the core licensing fight alive while showing that courts may demand more detail before platform-user theories can proceed.
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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.
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