Intellectual Property Practice Questions

Copyright

(1) In November 2017, Kylie Jenner's "Kylie Cosmetics" faced a potential copyright legal battle from make-up artist Vlada Haggerty over imagery that Jenner used in her cosmetics campaigns. Haggerty claimed that Kylie Cosmetics' artwork, which featured coated, dripping lips, was a rip-off of her distinct make-up art style. Jenner claimed that her artwork was merely inspired by Haggerty. Ms. Haggerty receives daily inquiries as to whether she is associated with Kylie Cosmetics. Look at the pictures below. Did Jenner engage in copyright infringement? Explain. Remember, using a person's work "protected by copyright law" without their permission (licensing or transfer) is infringement. The plaintiff must prove:

• Infringement (substantial similarity, access, display, or broadcast)
• Intent to violate
• Financial gain or commercial advantage