IP Dispute over 19th Century Painting in 21st Century Fashion Design
March 3, 2009
Russia’s specialized Intellectual Property Court (IPC), which just became
operational in July 2013, will be hearing an appeal regarding the
appearance of a famous painting in fashion designs.
Iya Yots, a fashion designer from St. Petersburg, was sued by The State Hermitage Museum over use of an image of Thomas Gainsborough’s painting, “Portrait of a Lady in Blue” in her works.
The IPC may hear cases as both a court of first instance, or as a supreme court of appeals. Yots appeals this case after the Sixteenth Commercial Court of Appeals affirmed an unfavorable decision by the Commercial Court of the Stavropol Territory prohibiting her from using the image without the Museum’s permission.
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Thaler v. Perlmutter, Civil Action No. 22-1564 (BAH) (D.C. Aug. 18, 2023).
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