Lindsay’s practice focuses on trademark, trade dress, copyright, right of publicity, and art market litigation, prosecution, and transactions. She represents and counsels clients ranging from Fortune 10 companies to individuals and family businesses across a wide array of industries, including: fashion, beauty & retail; art, media, publishing, music & entertainment; food, alcoholic beverage & health; architecture, interior design & real estate; and technology, among others.
Advised artist on legal issues related to site-specific performance art and sculptural works and drafted non-disclosure agreement for consulting scientists and fabricators.
Advised artists, creative professionals, and real estate developers on the applicability of and compliance with the Visual Artists Rights Act (VARA), 17 U.S.C. § 106(a).
Guided company in expansion of brand identity artwork previously created by an independent contractor.
Advised retail store on intellectual property risks associated with display of and creation of merchandise from graffiti artist’s appropriation artwork and the applicability of a fair use defense if challenged.
Represented artists in connection with drafting and negotiating gallery consignment and representation agreements.
Drafted and negotiated artwork licenses for apparel and merchandise uses.
Drafted and negotiated agreement between experiential marketing company and graffiti artist in connection with a joint project for a leading global hotel chain.
Defended designer’s expressive non-commercial use of a paparazzi photograph in a copyright infringement case that settled favorably.
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Thaler v. Perlmutter, Civil Action No. 22-1564 (BAH) (D.C. Aug. 18, 2023).
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