PETER SLOANE WRITES “IT’S ALL ABOUT WHO” FOR THE FBC QUARTERLY

The fall edition of the Federal Bar Council Quarterly features Peter Sloane’s review of the U.S. District Court for the Southern District of New York’s decision in a case involving a parody of Dr. Seuss’ beloved classic “How the Grinch Stole Christmas.” In that decision, the Court found fair use in a raunchy off-Broadway play parodying the story. Matthew Lombardo and Who’s Holiday LLC v. Dr. Seuss Enterprises, L.P., 2017 WL 4129643. The opinion made note to distinguish the decision last year in TCA Television Corp. v. McCollum, 839 F.3d 168, in which the Second Circuit found no fair use in the recitation of Abbott and Costello’s treasured “Who’s on First” routine as a theatrical device within a Broadway show.