10,000 Dead Bugs and All Similarly Situated

My colleagues Mel Garner, Rob Isackson, Lauren Emerson and I co-authored an amicus brief on behalf of the New York IP Law Association, filed in a Federal Circuit appea, Syngenta v Willowood. We argued that FIFRA, the Federal Insecticide, Fungicide and Rodenticide Act, does not preclude application of the Copyright Act, and thus a copyright claim could conceivably be brought against a pesticide label. We attached illustrations of potentially original, distinctive ways of rendering dead bugs.

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