Just entering the vodka arena at the beginning of this year is the sudden appearance of an entirely new and different ultra-premium niche player from the tiny farm town of Benson, in the heart of western Minnesota's wheat country.
Vodka is the one spirit that everyone absolutely has to have on their bar.
Vodkas made from corn tend to be fairly neutral in taste; those made from wheat have a soft, smooth character, others carry hints of the fruit essences they contain.
Contending that Ets-Hokin's photos of the Skyy bottle were derivative works, the defendants moved for summary judgment on the grounds that Ets-Hokin raised no genuine issue of material fact to support the validity of his copyright or his claim of infringement.
Indeed, Skyy's position that photographs of everyday, functional, noncopyrightable objects are subject to analysis as derivative works would deprive both amateur and commercial photographers of their legitimate expectations of copyright protection.
Skyy argues on appeal that, based primarily on a brief parenthetical reference in summary judgment briefing, Ets-Hokin abandoned the first theory; Ets-Hokin argues on appeal that there was no abandonment.
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