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9th Circ. Affirms Kat Von D's IP Win But Says New Test Needed

A woman with black hair tattoos a portrait of a man's face on an arm, with the reference photo in the background

By Craig Clough

A Ninth Circuit panel affirmed tattoo artist Kat Von D's jury win Friday over a photographer who claimed she infringed his photo of Miles Davis, although two judges said the "intrinsic" test applied by the jury should be discarded in the circuit because it handcuffs courts to verdicts finding no infringement.


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