Intellectual Property News from FreeAdvice.com

Judge Dismisses Case against Facebook, Google, and Twitter over Shooting

Saturday, 16 February, 2019

A San Francisco federal judge has dismissed a lawsuit against Facebook, Google, and Twitter filed by victims and family members of victims of the 2015 mass shooting in San Bernardino, California. As NPR reported, fourteen people were killed and 22 were injured when Syed Rizwan Farook and his wife Tashfeen Malik … continue reading

Swahili Speakers Object to Disney’s Trademark of “Hakuna Matata”

Thursday, 24 January, 2019

For most people who don’t speak Swahili, the phrase “Hakuna Matata” is probably best known From the 1994 Disney film The Lion King. The phrase is the title of a song from the movie, and it means “no worries.” For 60 to 150 million Swahili speakers (estimates vary), who mostly live in … continue reading

Performers Sue over Fortnight Dance Moves

Tuesday, 22 January, 2019

Three performers have sued Epic Games, which makes the online game Fortnite, claiming that it stole their dance moves. As the New York Times reported, the game is free to download but offers in-game purchases such as dance moves called “emotes”: Among those moves, according to the complaints, filed beginning in December … continue reading

Copyright Law and the Ocasio-Cortez Dance Video

Saturday, 19 January, 2019

A record 102 women — 35 of them newly-elected — were recently sworn in as members of the US Congress. One of them was 29-year-old New York Congresswoman Alexandria Ocasio-Cortez, the youngest congresswoman in US history. The night before she was sworn in, a video of her as a teenager appeared online … continue reading

New Copyright Rule Is Good News for Filmmakers

Wednesday, 9 January, 2019

The US Copyright Office recently published a rule that allows broader use of video clips from previous works in fictional films. This is good news for filmmakers — and especially for makers of low-budget films. Clearances “Film clearance” is the process of getting all the rights necessary for the production of a film. … continue reading

Government Goes after Motorcycle Group Logo

Wednesday, 5 December, 2018

Chicago gangster Al Capone famously escaped a prison sentence for his more lethal crimes, but was finally convicted of income tax evasion and sentenced to 11 years in federal prison in 1931. While tax evasion was not necessarily one of Capone's most heinous crimes, charging and convicting him of the … continue reading

Tinder and Bumble Spat about Who Owns the Swipe

Tuesday, 27 November, 2018

Match, which owns the dating app Tinder, has sued rival app Bumble, claiming theft of its intellectual property. As NPR notes, the two apps (especially in their earlier versions) are similar. Both include a photo and a description of the person seeking a match. The user decides by flicking the screen … continue reading

Judge Rejects GM’s Attempt to Dismiss Graffiti Case

Thursday, 8 November, 2018

A federal judge in Los Angeles has rejected an attempt by GM to dismiss a case brought against it by a graffiti artist. The Swiss artist, Adrian Falkner, who goes by the name “SMASH 137,” sued after GM used a photo including one of his murals in an ad for a … continue reading

Beyoncé Poised to Settle Trademark Dispute

Tuesday, 6 November, 2018

Pop Queen Beyoncé (whose full name is Beyoncé Giselle Knowles-Carter) and her company seem prepared to settle a trademark infringement lawsuit they brought against a Texas company selling “Feyoncé” merchandise, according to Forbes. At the end of September, a federal judge denied Beyoncé’s motion for a permanent injunction against the Texas company. Fiancé/Feyoncé The … continue reading

Friday the 13th Writer Gets Rights Back from Producer

Wednesday, 17 October, 2018

In a case that may have major repercussions in Hollywood, a federal judge has ruled that the screenwriter of the original 1980 horror movie Friday the 13th movie own the copyright in his script. With most “works of authorship,” such as screenplays, novels, songs, etc., the author owns the copyright. Copyright … continue reading

Will Patenting Sea Worms Lead to Global Inequality?

Wednesday, 3 October, 2018

In the landmark 1980 case of Diamond v. Chakrabarty, the US Supreme Court ruled that a living organism could be patented. The case involved a strain of bacteria that had been modified by the insertion of new genes and didn't occur in nature. The bacteria were useful because they had the … continue reading

Music Modernization Act Passes Senate

Tuesday, 25 September, 2018

The US Congress has unanimously passed the Orrin G. Hatch Music Modernization Act, named for the retiring Utah Senator. Hatch won a gold and platinum album for his song "Unspoken," which appears on the 2003 Jaci Velasquez album of the same name that sold more than a million copies. The Act was … continue reading

Aretha Franklin Was Paid Nothing for "Respect" on the Radio

Wednesday, 29 August, 2018

Aretha Franklin, known as the "Queen of Soul" passed away in August at the age of 76. Her first number one hit, and perhaps the song she's best known for, was "Respect." The song streamed on Apple Music more than half a million times on the day her death was announced. Licensing revenues … continue reading

Court Says Artists Cannot Get Royalties on Resales

Saturday, 25 August, 2018

A federal appeals court in San Francisco has ruled that visual artists may not collect royalties when their works are resold. The case arose under the 1977 California Resale Royalties Act — the only law of its kind in the US. Other states have attempted to introduce similar laws, but they … continue reading

Former Student Sues over "Disaster Artist"

Saturday, 10 March, 2018

A former UCLA student is suing the production companies of James Franco and Seth Rogen, claiming that they breached a contract involving his script for The Disaster Artist. The film is based on the true story of the making of what's considered one of the worst movies ever: The Room, written … continue reading

Can Red Soles be Trademarked? EU Court Say No

Thursday, 1 March, 2018

Most people can identify dozens or hundreds of trademarks at a glance. "Apple," when used in connection with MacBooks and iPhones, is a trademark — as is the Apple logo. The name "Nike" is a trademark, as is the famous Nike "swoosh" symbol. But not only names and symbols can be trademarks. Sound Marks A … continue reading

Uber and Waymo Settle Trade Secret Dispute

Sunday, 18 February, 2018

As I blogged about last year, a Google spin-off company sued Uber, accusing it of stealing intellectual property developed by Google'. Waymo (the spin-off) claimed that Anthony Levandowski, who ran Uber's self-driving car division, downloaded 14,000 files from Google shortly before leaving the company to start his own self-driving truck business. The … continue reading

Broadway Producers Sue over Casting "Cartel"

Tuesday, 13 February, 2018

A group of Broadway producers have sued casting companies, claiming that they formed an illegal "cartel" to raise prices. As the New York Times reports, the casting directors have been trying to organize a labor union. The producers have opposed this effort. The Broadway League, a trade association that represents producers and … continue reading

US Companies Must Comply with European Data Privacy Laws

Monday, 5 February, 2018

US companies usually don't need to concern themselves much with foreign laws, if they don’t have offices in foreign countries. That's about to change. As the New York Times reports, companies in the US and around the world are preparing to comply a new set of European Union (EU) regulations called the General … continue reading

Is Your T-Shirt Protected by the First Amendment?

Wednesday, 31 January, 2018

Clothing can be protected by the First Amendment right to free speech. For example, in the 1969 case of Tinker v. Des Moines Independent School District, the US Supreme Court ruled that students were allowed to wear black armbands to protest the US involvement in Vietnam because the act was "akin … continue reading

Fox TV Wins "Empire" Trademark Dispute

Thursday, 18 January, 2018

The 9th Circuit Court of Appeals has ruled in favor of Fox Television in the dispute involving the Fox TV series "Empire." The dispute involved both a fictional and a real record company. Empire Distribution is a record label founded in 2010. It releases "urban" music including rap, hip hop, and R&B. In … continue reading

Is Graffiti Protected by Federal Law?

Saturday, 6 January, 2018

I previously wrote about a group of graffiti artists in New York who sued a building owner for painting over their work. The work appeared on a Long Island building complex called “5Pointz.” For more than ten years, the site was a mecca for graffiti artists to showcase their work. It … continue reading

Ex-Boyfriend Claims Novelist Stole His Work

Saturday, 16 December, 2017

A novelist's ex-boyfriend is claiming that she used spyware to get into his private emails and that she plagiarized material that he wrote. The pleadings in the copyright infringement suit read like the plot of a thriller. The Girls As the New York Times reports, Emma Cline's 2016 novel The Girls was a … continue reading

Supreme Court to Decide on Turning Over Data Stored Abroad

Tuesday, 24 October, 2017

The US Supreme Court has agreed to hear a case on whether federal prosecutors can require companies to hand over data that's stored outside the United States. As the New York Times reported, the case of United States v. Microsoft arose from a federal drug investigation. Prosecutors wanted to get the emails … continue reading

Earnhardt Dispute Goes Back to the Trademark Office

Monday, 16 October, 2017

A family dispute involving the right to use the name "Earnhardt" has been sent back to the US Patent and Trademark Office (USPTO) for resolution. Dale Earnhardt, who died in 2001 in a collision during the final lap of the Daytona 500, was a famous race driver and one of the … continue reading

Court Rules That Bawdy "Grinch" Play Is Fair Use

Wednesday, 27 September, 2017

A New York federal court has ruled that a play based on the Dr. Seuss book How the Grinch Stole Christmas constituted fair use and thus did not infringe the copyright of the original children's book. The Grinch book was first published in 1957 and tells the story of a green … continue reading

"Pepe" Creator Blocks Children's Book

Tuesday, 26 September, 2017

The creator of the cartoon frog called "Pepe" took legal action to stop his creation from being used in an allegedly anti-Islamic children's book. The artist, Matt Furie, created Pepe in 2006. According to the New York Times, Pepe began “as a blissfully stoned frog” who “enjoyed a simple life of snacks, … continue reading

Celebrities Do Not Have to Pay for Tweeted Movie Ideas

Thursday, 21 September, 2017

A judge has dismissed a case by a New Jersey actor claiming that Sylvester Stallone, among others, "stole" his idea for the movie Creed. As Variety reports, Jarrett Alexander wrote a screenplay and created a pitch reel to promote the idea of the Creed movie. Apollo Creed Apollo Creed was a character in … continue reading

Quincy Jones Awarded $9.42 Million in Michael Jackson Case

Wednesday, 20 September, 2017

A jury awarded music producer Quincy Jones $9.42 million in a dispute over royalties for Michael Jackson's music. As Variety reports, Jones, now 84, filed suit in 2013, seeking $30 million. He alleged that the Jackson estate had violated his contract and that he was excluded from deals the estate had … continue reading

Tupac Movie Hit with Copyright Infringement Lawsuit

Wednesday, 13 September, 2017

The makers of the Tupac Shakur biopic All Eyez on Me have been sued for copyright infringement. The movie has not been reviewed favorably, earning a 17% rating on Rotten Tomatoes as of this writing. However, it also earned $31 million on its opening weekend. As reported by NPR, the suit was … continue reading

Ninth Circuit Refuses to Dismiss Purge "Idea Theft" Case

Sunday, 3 September, 2017

The Ninth Circuit Court of Appeals has affirmed a lower court decision that kept alive a case by a screenwriter who alleges that his idea was "stolen" and used to create the hit movie The Purge and its sequels. As the Hollywood Reporter reports, Douglas Jordan-Benel claims that The Purge was … continue reading

Could You Go to Jail for "Borrowing" an HBO Password?

Sunday, 27 August, 2017

As I blogged about last year, a federal appeals court ruled that using someone else's password to log into a computer network was a crime under the Computer Fraud and Abuse Act ("CFAA"). That case, United States v. Nosal, involved David Nosal, a former high-level regional director at the executive search firm Korn/Ferry. … continue reading

Court Rules that Google Is Not a Victim of "Genericide"

Saturday, 26 August, 2017

As Bloomberg reported, the Ninth Circuit has ruled that the GOOGLE trademark has not fallen victim to "genericide." "Genericide" is a term used when a former trademark has become so ubiquitous for a type of goods that it no longer identifies a particular manufacturer as the source of the goods. Forbes has … continue reading

The Bull, the Girl, and the Peeing Pug: Copyright Law and Sculpture

Wednesday, 16 August, 2017

A massive bronze statue called "Charging Bull" has been a fixture near Wall Street for almost 30 years. Many see the statue as representing a "bull market" — i.e., one in which prices are rising, encouraging buying. Bulls and Bears A "bull" market is the opposite of a "bear" market, in which prices … continue reading

Urban Outfitters Found Liable for Copyright Infringement

Saturday, 12 August, 2017

The Ninth Circuit has ruled that Urban Outfitters willfully infringed the copyright in a fabric design owned by Unicolors Inc. Unicolors is a "textile converter" that creates, buys, or licenses rights to graphic artworks that it uses in textile designs. Unicolors contended that a dress sold by the Urban Outfitters subsidiary Free … continue reading

Court Says Open Source Licenses Can Be Enforced

Thursday, 27 July, 2017

A federal court in Northern California has denied a request to dismiss a lawsuit involving the alleged infringement of an "open source" software license. Artifex, the plaintiff in the case, develops and licenses software used to interpret files written in formats such as PDF. It owns Ghostscript, which is the most … continue reading

First Amendment Trumps Publicity in Hurt Locker Case

Saturday, 1 July, 2017

The Ninth Circuit has ruled that the plaintiff's right-of-publicity claim was trumped by the defendants' First Amendment rights in a case involving the Oscar-winning film The Hurt Locker. The case of Sarver v. Chartier was brought by Sergeant Jeffrey Sarver, who served as an Explosive Ordnance Disposal (EOD) technician in Iraq … continue reading

"Spinal Tap" Lawsuit Shines a Light on "Hollywood Accounting"

Sunday, 25 June, 2017

"Hollywood accounting" refers to financial practices that can make movies that earn hundreds of millions of dollars somehow end up with zero profits — or even a loss. As The Atlantic reported, The actor who played Darth Vader still has not received residuals from the 1983 film "Return of the Jedi" because … continue reading

Google Accuses Uber of Stealing Self-Driving Technology

Thursday, 22 June, 2017

A Google spin-off company has accused Uber of stealing intellectual property developed by one of Google's former project leaders. As reported by the New York Times, Waymo, which was spun off of Google's parent company, Alphabet, filed suit in federal court claiming that Anthony Levandowski, who runs Uber's self-driving car division, … continue reading

UC Berkeley Loses One, Wins One in Gene-Editing Patent Fight

Wednesday, 21 June, 2017

Genome editing is a type of genetic engineering in which DNA (the "code" that determines the characteristics of living things) is inserted, deleted, or replaced in the genome of an organism. A "genome" is an organism’s complete set of DNA. Genome editing uses a tool called "molecular scissors" to break the DNA … continue reading

Sons Fight over Audrey Hepburn's Gowns and Image

Tuesday, 6 June, 2017

The late movie star Audrey Hepburn was known for her beauty and glamour. She was also known as a Goodwill Ambassador for the United Nations International Children’s Emergency Fund (UNICEF) from 1988 until she died in 1993. In 1992, she received the highest civilian award in the United States — the Presidential Medal … continue reading

Kardashians Can't Compel Arbitration in Cosmetics Case

Wednesday, 31 May, 2017

As the Hollywood Reporter reported, the Kardashian sisters have failed in an attempt to compel arbitration in a case involving a dispute over a makeup line. The case was brought by Kroma Makeup, a UK company, against Kimberly, Kourtney, and Khloe Kardashian. A company called By Lee Tillett, Inc. developed a line … continue reading

Paul McCartney Goes to Court to Reclaim Beatles Copyrights

Sunday, 28 May, 2017

Sir Paul McCartney is taking steps to reclaim ownership of the copyrights to Beatles songs that were signed away decades ago. As Reuters reports, McCartney sued the music publishing division of Sony Corp. in federal court. The case involves copyrights for 267 Beatles songs written between 1962 and 1970, including iconic … continue reading

The Slants: Fighting for the Right to Offend

Tuesday, 23 May, 2017

As I wrote about last year, “The Slants” are a Portland-based "Chinatown Dance Rock” band. The band's leader, Simon Tam, has been fighting for seven years for the right to obtain a federally registered trademark for the band's name. The problem is 15 U.S.C. § 1052(a) — a part of the Lanham … continue reading

Jury Awards $500 Million Verdict Against Company Owned by Facebook

Thursday, 11 May, 2017

A jury in Texas returned a $500 million verdict in favor of ZeniMax Media in its lawsuit against Oculus VR. Facebook paid $2.3 billion to acquire Oculus in 2014. Additional compensation and milestone payments may raise the total cost of the acquisition to $3 billion. What did Facebook get for its … continue reading

Louis Vuitton Loses Cases over Parody Tote Bags

Tuesday, 2 May, 2017

What's piracy and what's parody? That was the issue addressed in a recent case by Louis Vuitton Malletier, S.A. (LV) against a company called My Other Bag, Inc. (MOB). MOB sells simple canvas tote bags with the text "My Other Bag..." on one side and drawings of iconic (and expensive) designer handbags … continue reading

Court Rules that Online Streaming Services Do Not Qualify for Cheap Cable License Rights

Tuesday, 25 April, 2017

The Ninth Circuit has reversed a federal judge's decision that online streaming services should be considered the equivalent of cable networks and thus entitled to cheap compulsory licenses of copyrighted content owned by broadcast networks. The case pitted Fox and other broadcast networks against the internet streaming service FilmOn and others. Performance … continue reading

The Wizard of Oz, Gone with the Wind, Movie Posters, and Public Domain

Saturday, 22 April, 2017

A long-running dispute over art from a vintage movie poster has finally ended with a victory for the Warner Bros. movie studio. Warner holds the registered copyrights for the movie versions of The Wizard of Oz and Gone with the Wind and for the Tom and Jerry cartoons. Warner also owns trademarks … continue reading

Wednesday, 5 April, 2017

A federal jury has concluded that the long-running hit musical Jersey Boys infringes the copyright of an unpublished autobiography. The musical was inspired by the true story of the musical group the Four Seasons. In 2006 the show won a Tony Award. It has grossed over $549 million to date and … continue reading

Sanctions Imposed for Copyright Infringement Lawsuits Against Movie and Music Downloaders

Tuesday, 28 March, 2017

Musicians who write and record music and studios that make movies have legitimate interests in protecting the income their works might generate. Illegal downloading of movies and songs arguably deprives their creators of income, assuming that the downloaders would otherwise have paid for the product. In some cases, copyright holders have … continue reading

Supreme Court Rules for Samsung in Apple Patent Case

Wednesday, 22 March, 2017

The latest battle in the smartphone wars between Apple and Samsung has ended with at least a partial and potential victory for Samsung. As the New York Times reported, the U.S. Supreme Court ruled that Samsung may not have to give up the $399 million in profits it made from selling … continue reading

Can You "Own" the Color White? The Trademark Board Says "Yes"

Sunday, 19 March, 2017

When most people think of trademarks, they probably think about the Nike "swoosh" or the word "Reebok." But trademarks can be much more than just words and symbols. Trademarks can be shapes — like the shape of the classic Coke bottle. Trademarks can be sounds, like the roar of the MGM lion … continue reading

Startup Olaplex Alleges L'Oréal Knocked Off Its Products

Thursday, 9 March, 2017

The California startup Olaplex has sued L’Oréal, alleging that the U.S. unit of the French company, home to brands such as Lancôme and Kiehl’s, copied an award-winning hair product and its related marketing strategy. Olaplex LLC Olaplex LLC is a Santa Barbara-based company that makes products called “bond builders” that say that … continue reading

Copyright, Fair Use, and Who's On First - Part II

Monday, 6 March, 2017

"Fair Use" is one of the most challenging concepts in copyright law. Normally, under copyright law you can't copy a "work of authorship" that someone else owns. But the "fair use" doctrine says that you CAN copy when the copying qualifies as "fair use." As attorney Rich Stim writes on the Stanford … continue reading

Ninth Circuit Says Sims Flash Drive Design May Be Eligible for Copyright

Monday, 27 February, 2017

The US Court of Appeals for the Ninth Circuit recently ruled that a flash drive design based on a symbol that appears in The Sims video game might be original enough to qualify for copyright protection. The Sims is a "life simulation" video game from Electronic Arts (EA). Players create virtual … continue reading

Will Intellectual Property Law Change Under a Trump Administration?

Wednesday, 22 February, 2017

One of many unknowns about the Trump Administration is whether intellectual property laws will change — and how. As Ars Technica noted, Of the two major party candidates in 2016, only the Democratic candidate has a platform that even addresses copyright and patent policies. The President and his party have expressed concerns about … continue reading

Golden Girls Puppet Parody Leads To Lawsuit

Tuesday, 24 January, 2017

The New York Times reports that a dispute over rival Golden Girls puppet parodies has led to the filing of a lawsuit. Golden Girls was a popular sitcom that ran on NBC from 1985 to 1992. Beatrice Arthur and Betty White portrayed two of the mature women sharing a Miami home. "That … continue reading

Songwriters Sue Justice Department over New Royalty Rules

Tuesday, 22 November, 2016

I recently wrote about how Katy Perry, Taylor Swift, Paul McCartney and about 180 other major recording artists signed a letter asking the US Congress to reform American copyright laws. In that case, the artists objected to the "safe harbor" provisions of the Digital Millennium Copyright Act (DMCA), which frees sites … continue reading

Judge Dismisses Claim that Beyonce's Lemonade Infringed Copyright

Saturday, 12 November, 2016

A federal judge in New York dismissed a copyright suit claiming that Beyoncé’s “Lemonade” movie infringed the copyright of a short film. The plaintiff in the case, Matthew Fulks, is an independent filmmaker and television creative director. In 2014, Fulks made the seven-minute short “Palinoia,” which depicts "the pain of a tumultuous … continue reading

Judge Dismisses Post-it Note Inventor Lawsuit

Saturday, 5 November, 2016

A federal district court judge in Florida has dismissed a lawsuit against the 3M Company by a man who claims to have invented Post-it Notes. Alan Amron filed a lawsuit against 3M in January, arguing that the company breached its previous agreement not to take credit for inventing Post-it Notes. He … continue reading

When is an Internet Service Provider Responsible for Bit Torrent Piracy?

Tuesday, 1 November, 2016

As I've discussed in previous blogs, the Digital Millennium Copyright Act (DMCA) is one of the most important governing laws of the Internet. It protects internet service providers (ISPs), websites, etc. from liability for copyright infringement by their users — as long as the ISPs and websites follow the rules. A … continue reading

Game Company Beats Copyright Rap over NBA Player Tattoos

Tuesday, 18 October, 2016

In a previous blog, I wrote about how a tattoo artist sued a local restaurant chain for reproducing one of his designs in its marketing and promotional materials — including on souvenir glasses. As I explained earlier, several courts have ruled that tattoos are "works of authorship" protected by copyright law. Solid … continue reading

How to Make Money from Dead Celebrities

Tuesday, 4 October, 2016

As I discussed in this recent blog, the Julia Child Foundation sued Airbnb for running a promotional contest featuring the famous chef's name and vacation home. In that case, the foundation wanted to avoid anyone making money from her famous name. In many cases, however, the heirs of famous people want … continue reading

Why Taylor Swift and Paul McCartney Want New Copyright Laws

Tuesday, 20 September, 2016

As reported by NPR, Taylor Swift, Katy Perry, and Paul McCartney are among the 180 recording artists who recently signed a letter asking Congress to reform US copyright law. The letter was published as an ad in several Washington, DC publications. The artists object to the "safe harbor" provision of the … continue reading

Empire State Building Beats Beer Company in Trademark Dispute

Wednesday, 17 August, 2016

Most people are familiar with trademarks in the form of words and logos, like "Coca-Cola" and the Nike "swoosh." However, a building design can also be a trademark. In a recent decision, the Trademark Trial and Appeal Board (TTAB) prohibited a beer maker from registering a trademark for beer that included … continue reading

When Is it Fair to Use Someone Else's Trademark?

Wednesday, 10 August, 2016

Trademarks are intended to identify goods and services and to distinguish them from competing goods and services. This is intended to protect both legitimate manufacturers and consumers. For example, you can't put the "Coca Cola" logo on your soft drink if it wasn't actually made by Coca Cola. A "certification mark" is … continue reading

Experts Testify in Stairway to Heaven Lawsuit, Led Zeppelin Wins

Wednesday, 6 July, 2016

Did Led Zeppelin steal the opening riff on “Stairway to Heaven” from a song by the band Spirit? A jury will answer that question after considering the testimony of expert witnesses. Copyright Infringement Alleged Led Zeppelin, one of the most influential bands in rock history, has often been accused of stealing its … continue reading

Copyright Infringement Lawsuit Against Star Trek Fan Film Continues Despite Words from JJ Abrams

Tuesday, 21 June, 2016

The company behind a recent Star Trek fan film faces a copyright lawsuit from the franchise’s production company despite recent assurances from the producer behind the Star Trek rebirth that the case will not be pursued. The continued copyright action against a fan-funded short film available on YouTube has angered many … continue reading

Haircut Inventors get Trimmed in Court

Thursday, 16 June, 2016

The Court of Appeals for the Federal Circuit (CAFC), the appeals court for all patent cases, recently ruled that a method for cutting hair is not eligible for patent protection. Holly Brown, Ken Novak, and Kim Goellner applied for a patent for producing “consistent and reproducible hair styling designs” while “balancing … continue reading

Google Beats Oracle in $9.3 Billion Copyright Case

Saturday, 11 June, 2016

A federal jury found that Google’s use of Oracle’s copyrighted software in Google’s Android operating system was protected as a “fair use” under US copyright law. As a result, Google escaped being hit with damages that could have reached $9.3 billion. The damages sought were mainly based on the amount of … continue reading

Apple's Start Up Chime and MGM's Lion's Roar: Can You Trademark a Sound?

Thursday, 9 June, 2016

When most people think about trademarks, they usually think in terms of things that they can see – words like “Coca Cola” and symbols like the Nike “swoosh.” But a sound can also be a trademark, under certain circumstances. The Trademark Trial and Appeal Board (TTAB), in the case of In re … continue reading

Soft Porn Heiress' Troubled Business

Thursday, 2 June, 2016

The “Wonderful World of AMAZING Live Sea-Monkeys” is in turmoil and roiled by a lawsuit alleging breach of contract as well as copyright and trademark infringement. Background Back in the early 1960s there was a fad for simple animals you could “bring back to life.” Inspired by the success of “Uncle Milton’s … continue reading

Can a Language Be Protected by Copyright? What about Star Trek's Klingon? Paramount Believes So.

Friday, 27 May, 2016

Fan filmmakers are battling a major movie studio over the right to use the Klingon language. Axanar Productions created a short film, “Prelude to Axanar” — a 21-minute taste of a full-length Star Trek “fan film” the company hopes to make. The short film has unusually high production values for … continue reading

Stairway to Heaven? Nope, to the Courthouse

Tuesday, 24 May, 2016

Acid rock icons Jimmy Page and Robert Plant are going to have to face a jury trial on the question of whether one of Led Zeppelin’s most famous songs, Stairway to Heaven, was a rip-off of the song Taurus by the band Spirit. In 2014, Michael Skidmore, Trustee for the Randy … continue reading

Live Long Enough, Get Your Copyright Back: Paul McCartney's Story

Saturday, 7 May, 2016

Many musicians and other creative artists have signed away what later became very valuable copyrights for next to nothing because they weren’t famous at the time. For example, back in 1938 Jerry Siegel and Joe Shuster signed over the rights to Superman to DC Comics for $130 and a promise … continue reading

The University of Kentucky Wants to Trademark the Word 'Kentucky'

Thursday, 5 May, 2016

The University of Kentucky (UK) is trying to stop the makers of “Kentucky Mist Moonshine” from using the word “Kentucky” in their product because the University claims to own the trademark on the word “Kentucky.” If that sounds ridiculous to you, you’re not alone. Pretty much every lawyer who’s taken a … continue reading

Trademark Lawsuit is a House of Cards

Saturday, 23 April, 2016

If you saw a slot machine labeled “House of Cards, Welcome to Washington” with Kevin Spacey’s face plastered all over it, would you be likelier to associate that slot machine with the Netflix TV series House of Cards, which stars Kevin Spacey, or with House of Cards the radio show, … continue reading

This Kitty is Roaring about Copyrights

Thursday, 21 April, 2016

One of the challenges in using copyrighted material is that on occasion you do everything you can to try and do things “the right way,” yet you still get sued. That appears to be the case for Warner Brothers’ use of the lyrics to “Soft Kitty” on the popular TV comedy … continue reading

Have you heard of Donald Drumpf?

Tuesday, 5 April, 2016

John Oliver recently made Donald Trump the main story for an episode of his show, “Last Week Tonight with John Oliver.” In the show, which you can view here, Oliver argued that opponents of Donald Trump need to separate the man, Donald Trump, from the “brand,” “Trump.” One way to do … continue reading

Who Owns the Content Posted on Social Media?

Saturday, 26 March, 2016

Some businesses seem to think that just because a photo has been posted on Instagram or Twitter it’s free for the whole world to use. Not true, as some businesses — including Groupon and Agence France-Presse — are finding out at great cost. Last year I addressed the question of Can Other … continue reading

The Hurt Locker Movie Lawsuit: Right of Publicity and the First Amendment

Sunday, 6 March, 2016

Can you base a character in a movie, book, video game, etc., on a real person? The short answers are “it depends” and “be careful.” There’s tension between the First Amendment to the US Constitution, which guarantees freedom of speech, and the “right of publicity,” which says that a person has the … continue reading

DC Comics and Trademark Parody

Sunday, 28 February, 2016

A federal judge in the Central District of California denied a motion by a clothing wholesaler to dismiss a claim by DC Comics that the defendant’s “Superdad” t-shirt infringed DC’s “Superman” trademark. DC Comics is, of course, a comic book publisher. Its intellectual property rights include those relating to the Superman … continue reading

The $200,000 Oscar Swag Bag

Saturday, 27 February, 2016

A brand is a very valuable asset. Sometimes a business can “hitch a ride” on someone else’s brand, and generate some additional sales thanks to a famous brand. You have to be VERY careful when doing this though — do it the wrong way and you could get sued. Super Bowl Ads You … continue reading

Abstract Idea or Invention?

Tuesday, 23 February, 2016

Taiwanese company PricePlay recently attempted to overturn a Delaware District Court decision invalidating its US patent 8,050,982, “Systems and methods for transacting business over a global communications network such as the internet.” The patent covers the idea of giving consumers a discount on online purchases based on achieving a certain score … continue reading

Understanding Copyrights: Fair Use and “Who's on First”

Sunday, 14 February, 2016

The concept of “fair use” carves out an exception to the exclusive rights of copyright owners. As described on the Stanford University Libraries web page on “What is Fair Use”. In its most general sense, fair use is any copying of copyrighted material done for a limited and “transformative” purpose, such … continue reading

Star Wars Strikes Back

Tuesday, 9 February, 2016

The Star Wars franchise is incredibly valuable. The total box office for the nine Star Wars movies totals over $7 billion. If that sounds like a lot, it’s just the tip of the iceberg: revenues from toys and merchandise is over $17 billion. The Disney Store alone lists 406 different Star … continue reading

Why You Need to Be Careful with Free Pictures

Tuesday, 2 February, 2016

Research shows that blogs, articles, Tweets, etc., with images get more attention than if they don’t have images. One option is to buy images from a service such as Shutterstock, which claims to have 60 million images available for download. Expect to pay at least $10 an image, or sign up … continue reading

Judge Dismisses Case over Alleged Copying of Warcraft Characters

Thursday, 28 January, 2016

A federal judge in Northern California dismissed a complaint by the makers of World of Warcraft and other games alleging that mobile game developers had copied the games’ characters. Blizzard Entertainment, Inc. and Valve Corporation sued Lilith Games (Shanghai) Co. Ltd. and uCool, Inc. for copyright infringement. According to the complaint, Lilith … continue reading

Anne Frank Foundation Extends Copyright on Diary

Wednesday, 13 January, 2016

Anne Frank died in the Bergen-Belsen concentration camp in 1945. She was 15 years old. Anne became posthumously famous worldwide for the journal she kept while she and her family and friends were hiding from the Nazis in a “secret annex” in an office building. Those hiding were betrayed, arrested, and … continue reading

Artist Sues Restaurant for Ripping Off His Tattoo (Ouch!)

Wednesday, 13 January, 2016

A Virginia tattoo artist has sued a local restaurant chain, claiming that it’s infringing his copyright for a design he created for a customer. According to the complaint filed by Roger Ladouceur, the tattoo (on the hairy leg below) was originally created for a client on whose leg Plaintiff placed the Tattoo … continue reading

Can I Use That Nasty Trademark?

Wednesday, 13 January, 2016

There’s some good news for businesses that have an “in your face” attitude about their brands. Until recently, it was the law of the land that you couldn’t use a trademark that was deemed by the Patent and Trademark Office (PTO) to be “disparaging.” The Old Law The passage of the Lanham Act … continue reading

Director of US Patent Office Calls for More Women Inventors

Monday, 7 December, 2015

Michelle K. Lee, the director of the US Patent and Trademark Office (USPTO), has called for more female inventors, saying that that the US “cannot succeed in the global economy with, in effect, one hand tied behind our back.” Patents are a form of intellectual property (IP) – a kind of … continue reading

The Case of the Dueling Dumplings: A Trade Secret Dispute

Friday, 4 December, 2015

When most people think of trade secrets, they think high-tech – like the design of a new computer chip. But food and drinks can also be the subject of trade secret protection. Perhaps the most famous trade secret is the formula for Coca-Cola, which has been kept confidential for more than … continue reading

Game Mods and Car Hacks Now Legal Under Copyright Law

Wednesday, 18 November, 2015

The US Copyright Office (which is part of the Library of Congress) recently adopted new guidelines on types of activities that won’t be considered illegal under US copyright law. The relevant part of the copyright law is called the Digital Millennium Copyright Act (“DMCA”). The DMCA, which became effective in 1998, … continue reading

Are 3D-Printed Human Organs Patentable?

Wednesday, 11 November, 2015

A recent post on the IPWatchdog blog raises an interesting legal question – are human organs patentable… if they’re created using a 3D printer? According to Nature magazine, “printed body parts brought in US$537 million last year, up about 30% on the previous year.” Most of the 3D-printed body part business focuses on … continue reading

Court Says Yoga Poses Aren't Protected by Copyright Law

Wednesday, 14 October, 2015

The Ninth Circuit Court of Appeals ruled that a sequence of poses claimed by “hot yoga” guru Bikram Choudhury aren’t protectable under US copyright law. Choudhoury and his company, Bikram’s Yoga College of India, had sued Evolation Yoga for copyright infringement for teaching a “hot yoga” class. Evolation was founded by … continue reading

Holy Copyright Law, Batman! The Batmobile is a Protected Character

Monday, 12 October, 2015

The Ninth Circuit Court of Appeals has ruled that the Batmobile is a “character” protected under US copyright law. The case involved a creator of custom cars named Mark Towle, owner of Gotham Garage. (The firm’s website focuses on “Bad Boys and Their Killer Toys.”) Towle makes replicas of famous cars from … continue reading

Fox News Anchor Doesn't Want to Share Her Name with a Hamster

Friday, 9 October, 2015

A Fox News anchor has sued toy company Hasbro Inc. for giving her name to a plastic hamster. According to her complaint, Harris Faulkner, the uniquely named, acclaimed veteran journalist and author, has worked for decades to establish and maintain her personal brand and laudable professional reputation. Without Faulkner’s prior knowledge or … continue reading

Judge Slams LMFAO, Says Lyrics Not Fresh

Friday, 2 October, 2015

A federal court judge in Florida has ruled that the musical duo LMFAO can’t invoke the “fair use” defense in a copyright case brought by rapper Rick Ross. LMFAO sold 7.5 million copies of their hit song “Party Rock Anthem.” The chorus includes the phrase “everyday I'm shuffling” and the song … continue reading

Should It Be Legal to Sell Used Print Cartridges?

Thursday, 1 October, 2015

What if you could get sued for selling your used technology – your old cell phone, your flat-screen TV, or even your empty print cartridges? As a recent New York Times editorial discussed, that possibility is being considered by the United States Court of Appeals for the Federal Circuit. The case is … continue reading

Judge Orders $10 Million Set Aside in Fifty Shades Litigation

Thursday, 1 October, 2015

A state court judge in Texas order an Australian woman who helped publish Fifty Shades of Grey to set aside $10 million to satisfy claims by a Texas woman who said she was cheated out of her share of the book’s royalties. As reported by Business Insider, in February a Fort … continue reading

How Brands Like Google Try to Avoid Trademark Genericide

Wednesday, 23 September, 2015

Google had a potential trademark embarrassment recently when it turned out the mark ALPHABET is already in use by carmaker BMW. As the New York Times reported, “Alphabet” is the name Google’s founders have chosen for a newly-created parent company that will encompass the Google search businesses as well as other … continue reading

How Could Fixing a Tractor Violate Copyright Law?

Friday, 11 September, 2015

To the extent most people know anything about copyright law, they maybe know that it has something to do with copying other peoples’ words and pictures. So what could copyright law possibly have to do with fixing a tractor? As NPR reports, California farmer Dave Alford is prohibited by copyright law from … continue reading

Graffiti Artist Claims Katy Perry's Dress Infringes His Copyright

Monday, 31 August, 2015

Brooklyn Street artist Rime, born Joseph Tierney, has filed a copyright infringement suit against the Italian clothing design company Moschino and the designer Jeremy Scott, claiming that a Moschino dress worn by singer Katy Perry infringes Rime’s copyright. Perry wore the dress in question to the 2015 Metropolitan Museum of Art’s … continue reading

Judge Says EOS Lip Balm Case Should Go to Jury

Friday, 21 August, 2015

A federal judge in Colorado refused to grant summary judgement for a competitor in a design patent infringement case involving the popular eos Smooth Sphere lip balm. The defendant in the case, the Kind Group LLC, is the assignee of US Patent No. D644,939, a design patent for the ornamental design … continue reading

Facebook and the Ronda Rousey Copyright Fight

Thursday, 20 August, 2015

Fortune reports that clips of Ronda Rousey’s latest fight are highlighting potential copyright problems for Facebook. Sports Illustrated called Rousey “the world’s most dominant athlete” in her sport (mixed martial arts, for those who have been living in caves), and she has millions of fans worldwide. In her latest bout, she defeated opponent … continue reading

Can You Patent a Pot Plant?

Monday, 10 August, 2015

According to the Huffington Post, legal marijuana is now the fastest-growing industry in the US. If present trends continue and pot becomes legal in all 50 states, marijuana cultivation and retailing could become bigger than the organic food industry. Four states – Alaska, Colorado, Oregon, and Washington – have legalized retail … continue reading

The Smoking Gun in the Happy Birthday War?

Wednesday, 5 August, 2015

The makers of a documentary about the song “Happy Birthday to You” claim they’ve discovered key evidence that could prove that the song is no longer protected by copyright. Cash Cow Warner/Chappell, a subsidiary of Warner Music Group, earns about $2 million per year in licensing revenues from the song. Filmmaker Jennifer Nelson … continue reading

Sound Engineer Must Pay Jay-Z $195K after Failed Copyright Case

Monday, 27 July, 2015

A New York federal judge ordered a sound engineer to pay hip-hop artist Jay-Z and his company, Roc-A-Fella Records, close to $195,000 in legal fees after finding that the engineer’s copyright lawsuit was unreasonable. Background Chauncey Mahan worked as a sound engineer on three albums produced by Roc-A-Fella and featuring Jay-Z (born … continue reading

Can You Be Sued by Graffiti Artists for Painting Over Their Work?

Tuesday, 7 July, 2015

A group of New York graffiti artists are suing a building owner for painting over their work. Their work appeared on a Long Island building complex called “5Pointz,” which has since been demolished. The artists (who use by street names such as Panic and Toofly) allege that the property owner and his … continue reading

What Do the Washington Redskins Have in Common with an Asian-American Rock Band?

Thursday, 25 June, 2015

The Washington Redskins are a National Football League Team. Simon Shiao Tam is the leader of an Asian-American dance rock band. So what do they have in common? They’re now linked by an amicus brief that the Redskins filed in Tam’s case now pending with the US Court of Appeals for the Federal … continue reading

Court Throws Out Patent for Prenatal DNA Testing

Monday, 22 June, 2015

The Federal Circuit affirmed a lower court’s ruling that a company’s method of prenatal DNA testing was not patent-eligible because it is directed to a natural phenomenon. Background As stated in the court’s decision, In 1996, Drs. Dennis Lo and James Wainscoat discovered cell-free fetal DNA (“cffDNA”) in maternal plasma and serum, the … continue reading

Writer Claims Hollywood Talent Agency Stole Idea for The Purge

Friday, 19 June, 2015

Whenever a hit movie comes out, it’s not at all uncommon for someone to sue, claiming that the studio “stole” the idea. Virtually all of these cases fail, whether brought under theories of copyright infringement or breach of contract. Copyright Issues Under copyright law, in order to prove infringement the plaintiff must prove … continue reading

Can Other People Sell Your Instagram Photos?

Tuesday, 16 June, 2015

Artist Richard Prince recently caused a stir by displaying giant reproductions of other people’s Instagram photos without first getting their permission – or even warning them. As reported by The Washington Post, the photos, enlarged to six-feet tall, were displayed as part of the Frieze Art Fair in New York. Almost all … continue reading

Miramax Sued for Copyright Infringement Over Sherlock Holmes Movie

Monday, 8 June, 2015

The estate of Sir Arthur Conan Doyle sued Miramax for copyright infringement over the planned release of the upcoming film Mr. Holmes – even though a US federal appeals court ruled a year ago that the character of Sherlock Holmes was – mostly – in the public domain. The case is … continue reading

Learning About Intellectual Property Law from HBOs Silicon Valley

Thursday, 4 June, 2015

In addition to being extremely funny (for those who enjoy geek humor), HBO’s Silicon Valley also provides a useful education in intellectual property law. Spoiler Alert! In the show’s first season, the character Richard launched a startup called Pied Piper, based on his invention of a lossless compression technology. He made the code … continue reading

Federal Circuit Says Apple Can't Protect Look of iPhone

Tuesday, 2 June, 2015

The US Court of Appeals for the Federal Circuit upheld most of Apple’s 2012 patent infringement win against Samsung, but ruled that Apple could not protect the general look of the iPhone as “trade dress.” As reported by the New York Times, a jury unanimously found that Samsung violated several Apple … continue reading

Online Music - From Piracy to Profit

Thursday, 14 May, 2015

The music industry initially saw the Internet as the enemy, responsible for falling CD sales and profits. The best-known early battle involved the original Napster, a peer-to-peer file sharing service. Napster was founded by Sean Parker, among others, in 1999. (Parker, portrayed by Justin Timberlake in The Social Network, went on to … continue reading

Seth MacFarlane Prevails in Copyright Infringement Suit over Ted Movie

Friday, 3 April, 2015

Writer/performer Seth MacFarlane and Universal Pictures have prevailed in a lawsuit charging that they engaged in copyright infringement in connection with the 2012 hit movie Ted. Ted, an R-rated comedy, is about a lecherous, foul-mouthed stuffed bear that comes to life. The movie was co-written and directed by MacFarlane, who also … continue reading

Judge Rules Fox News' Use of Flag Photo Was Not Fair Use

Sunday, 29 March, 2015

A federal judge has ruled that the publication of a famous photo taken in the wake of September 11 on a Facebook page associated with Fox News was not protected by the “fair use” doctrine under US copyright law. The photo shows three New York firefighters raising an American flag over … continue reading

Dentist Misused Copyright Law to Block Bad Yelp Reviews

Tuesday, 17 March, 2015

A New York federal judge ruled that a dentist had misused copyright law to squelch negative Yelp reviews of her practice. As reported by Consumerist, Dentist Stacy Makhnevich forced her patients to sign a contract that made her the copyright owner of any reviews they wrote about her. She would threaten … continue reading

Blurred Lines Between Homage and Plagiarism in Copyright Case

Monday, 16 March, 2015

As reported by the New York Times, it can be difficult to draw the line between homage and plagiarism when it comes to music. In a federal court case in Los Angeles, the family of the late Marvin Gaye has prevailed in a lawsuit accusing the co-writers of the song “Blurred … continue reading

Can Taylor Swift Really Trademark Her Song Lyrics?

Monday, 9 March, 2015

As Rolling Stone and a large number of other publications have reported, musical superstar Taylor Swift filed trademark applications for a number of phrases from songs on her hit album 1989. Applications were filed for the marks: This Sick Beat Party Like It's 1989 Cause We Never Go Out of Style Could Show You Incredible … continue reading

Court Dismisses $3 Billion Claim by Heirs of Aunt Jemima

Wednesday, 4 March, 2015

A federal judge in Illinois has dismissed a lawsuit seeking $3 billion in royalties filed by the great-grandchildren of an actress who played Aunt Jemima. Dannez W. Hunter and Larnell Evans Jr. sued the Quaker Oats company, and its parent company Pepsi, in 2014 based on Quaker’s use of images of … continue reading

Is Your Business Using Pirated Software?

Wednesday, 18 February, 2015

Recently, the retail chain Forever 21 was sued by Adobe Systems, Autodesk, and Corel for alleged copyright infringement. Adobe makes Photoshop and Premier, among other programs, and the other companies make architectural, engineering, and design software including WinZip and PaintShopPro. The lawsuit, filed in the US District Court for the Northern District of … continue reading

Using Copyright Law to Fight Revenge Porn

Thursday, 12 February, 2015

Lawyers are using an unexpected weapon to fight revenge porn: copyright law. As reported in the New York Times, a big California law firm has filed suit on behalf of a law student who had sexually explicit pictures of herself posted on pornography sites by a former boyfriend. The couple apparently had … continue reading

Judge Rejects Joke Defense in Don Henley Trademark Case

Thursday, 5 February, 2015

A California federal judge refused to dismiss a trademark infringement lawsuit based on a play on words referring to musician Don Henley of the Eagles. Duluth Trading Co. ran ads for Henley shirts using the slogan "Don a henley, take it easy." "Take It Easy" was the Eagles' first single, released in … continue reading

Dallas Buyer's Club Pirates Sued

Wednesday, 21 January, 2015

The owners of the rights to the Oscar-winning movie Dallas Buyers Club have sued people across the US and around the world for copyright infringement. At least 77 people in Michigan were sued in December for illegally downloading the movie via BitTorrent, a peer-to-peer online network often used to facilitate piracy. Earlier last … continue reading

Music Companies Try to Stop Piracy by Suing Service Providers

Monday, 12 January, 2015

Music companies, along with movie studios and other intellectual property owners, have been trying for years to stop online piracy. Since 1998, one of the leading legal tools copyright owners can use against piracy has been the Digital Millennium Copyright Act (DMCA). The DMCA amended the US Copyright Act of 1976 … continue reading

"Call of Duty's" Trademark Use Protected by First Amendment

Tuesday, 2 December, 2014

A California federal judge has ruled that the use of a trademarked military patch in the video game "Call of Duty" was protected speech under the First Amendment. Plaintiff MilSpec Monkey, Inc. ("MSM") had sued Activision, alleging. Among other claims, that that the use of an "angry monkey" patch in "Call … continue reading

Stealing a Stairway to Heaven?

Thursday, 20 November, 2014

The opening riff of Led Zeppelin's 1971 hit song "Stairway to Heaven" is immediately recognizable to any rock-and-roll fan. However, the children of Randy California (born Randy Craig Wolfe), a founding member of the psychedelic/prog-rock band Spirit, have claimed that the riff was originally created by their father. (California got his stage … continue reading

"World Trade Center" Trademark Denial Appealed

Thursday, 6 November, 2014

A non-profit organization that owns the trademark "World Trade Center" is appealing a US Patent and Trademark Office (USPTO) ruling that it can't register the mark for selling clothing. According to The Record of Bergen County, New Jersey, the Port Authority of New York and New Jersey sold the "World Trade Center" … continue reading

Who Owns "How"? Yogurt, Virtue, and Trademarks

Thursday, 16 October, 2014

Author Dov Seidman is suing a manufacturer of Greek-style yogurt over the use of the word "How." As reported in the New York Times, Seidman is the author of How: Why How We Do Anything Means Everything. The book is about business culture and ethics and includes a forward by former … continue reading

Steal a Movie, Go to Jail?

Tuesday, 14 October, 2014

Hollywood was slow to offer much of its content online, and for years before the advent of legitimate download sites like iTunes, pirate movie sites flourished. According to the Motion Picture Association of America, the number of authorized streaming websites has doubled, to 100, since 2009. Americans legally watched 5.7 billion … continue reading

Is Your Garbage Confidential?

Tuesday, 7 October, 2014

If you throw a confidential document away in the garbage, is it still confidential? Maybe not. The District of Columbia Court of Appeals recently upheld the dismissal of claims of trespass, invasion of privacy, and conversion brought by the environmental organization Greenpeace. Greenpeace, sometimes using controversial methods, investigates and often confronts companies like … continue reading

Appeals Court Upholds Copyright Ruling for Tim McGraw

Monday, 22 September, 2014

The Sixth Circuit Court of Appeals upheld a lower court’s grant of summary judgment for defendant Tim McGraw in a case in which he was accused of stealing another songwriter’s melody. Plaintiff James Martinez claimed that in 1996 he wrote a song he called "Anytime, Anywhere, Amanda." He registered his copyright … continue reading

Supreme Court Decision Deals Killing Blow to Aereo

Wednesday, 9 July, 2014

The United States Supreme Court has dealt a killing blow to Aereo, the innovative cloud-based service offering remote individual antennae and DVRs to consumers for a monthly fee. In a 6-3 decision, the Court sided with the American Broadcasting Company (ABC) and ruled that Aereo violated copyright law by retransmitting … continue reading

Beastie Boys Prevail in $1.7 Million Lawsuit Against Monster Energy Drink

Thursday, 19 June, 2014

A federal jury in New York has awarded Michael “Mike D” Diamond and Adam “Ad-Rock” Horovitz, the surviving members of groundbreaking group the Beastie Boys, $1.7 million dollars in damages after an eight day trial over copyright violations. The complaint also invokes New York Civil Rights Law Sec. 51, a … continue reading

Nintendo Heads Into E3 With a Major Patent Fight In the Wings

Saturday, 14 June, 2014

An embattled Nintendo will likely relish the opportunity the Electronic Entertainment Expo provides to focus on what it does best—games. While “the Big N” has prevailed in one recent patent suit, another courtroom battle is brewing over the motion control patents used in the Japanese video game giant’s Wii and … continue reading

'Grand Theft Auto V' Developers Hit With Lawsuit By 'Mob Wives' Star

Wednesday, 11 June, 2014

Rockstar Games, the studio behind the smash hit Grand Theft Auto V, has been hit with a lawsuit filed by former Mob Wives star Karen Gravano, daughter of notorious Gambino family turncoat Sammy “The Bull” Gravano. Karen Gravano alleges that developers based the character of Antonia Bottino on her, and … continue reading

Singer Alicia Keys Sued for Copyright Infringement

Wednesday, 19 December, 2012

Alicia Keys, known for her hit songs, If I Ain’t Got You, No One and her most recent single, Girl On Fire, has found herself on the receiving end of a copyright infringement lawsuit. Veteran songwriter Earl Shuman is suing Keys over Girl On Fire, saying it sounds too similar … continue reading

Latest Facebook Copyright Scare - True or False?

Wednesday, 28 November, 2012

If you’re on Facebook, you’ve likely seen this post pop up on your homepage sometime in the past few weeks, claiming that by posting the notice, you are protecting copyrights to your status updates: “In response to the new Facebook guidelines I hereby declare that my copyright is attached to all … continue reading

Oatmeal Studios Sues The Oatmeal Webcomic Over Name

Friday, 23 November, 2012

Greeting card company Oatmeal Studios is bringing suit against the highly visited webcomic site The Oatmeal and a chain of gift shops featuring the website’s cartoons. Recycled Greetings, the parent company of the Papyrus gift shop chain, recently struck a deal with The Oatmeal creator Matthew Inman to feature his work on … continue reading

Judge Throws Out Apple Patent Lawsuit Against Google

Thursday, 8 November, 2012

In 2011, Apple filed a lawsuit against Motorola Mobility claiming that Motorola was demanding too much in license fees from Apple for patented wireless technology devices including the iPhone and iPod Touch. Then in May 2012, Google bought Motorola, and a bitter legal battle over intellectual property between the two … continue reading

Eminem Settles Download Sales Landmark Lawsuit with Universal

Saturday, 3 November, 2012

Well-known rapper, Eminem’s, production company has recently settled a long-running legal battle with the artist's music label over digital download sales. A String of Legal Actions The legal undertaking began in 2007 when Eminem’s production company, FBT, filed a lawsuit against his label, Aftermath Records, and parent company, Universal Music Group, according … continue reading

PTO Rejects Jay-Z's and Beyonce's Trademark Bid for Blue Ivy

Tuesday, 23 October, 2012

Jay-Z and Beyonce have lost their bid to trademark the name of their daughter, Blue Ivy. It’s a great name, right? The celebrity couple filed for the trademark shortly after their daughter’s birth, hoping to use the name to market a line of children’s clothing and baby supplies at some … continue reading

Stan Lee Media Sues Disney for Billions Over Comic Book Rights

Thursday, 11 October, 2012

Stan Lee Media Inc., a company founded by but since unconnected to Stan Lee, is bringing a copyright lawsuit against Disney over such household Marvel comic book names as Iron Man, The Incredible Hulk, Spider-Man, The X-Men, and The Fantastic Four. While Stan Lee Media Inc. (SLMI) is no longer in … continue reading

Innocence of Muslims Actress Adds Copyright Infringement to Legal Claims

Thursday, 27 September, 2012

Cindy Lee Garcia, an actress who appeared in the highly controversial anti-Muslim film, Innocence of Muslims, has filed new legal claims in federal court. The actress says she was duped into partaking in a film she didn’t know was radically anti-Muslim; and after receiving death threats and ongoing harassment she … continue reading

TiVo Patent Lawsuit against Verizon Ends in $250.4 Million Settlement

Wednesday, 26 September, 2012

Digital recording company, TiVo, maker of the original DVR, settled their pending patent infringement lawsuit against Verizon Communications this week for $250 million, in an effort to protect its intellectual property. Both TiVo and interactive television company, ActiveVideo Network, have recently brought suit against Verizon claiming that Verizon's FiOS DVR … continue reading

The Sims Maker Electronic Arts Sues Zynga for Copyright Infringement; Zynga Countersues

Monday, 17 September, 2012

Popular life simulation video game The Sims hit stores in 2001. Facebook interactive life game The Ville came out in 2012. So, which was the original virtual life simulator? ... Neither. According to The Ville maker, Zynga, Activision’s Little Computer People was the original. After The Sims creator, Electronic Arts (EA), … continue reading

Apple Patents Technology That Can Restrict Wireless Recording

Tuesday, 11 September, 2012

Apple has been granted a patent for technology that enables the company to remotely disable recording capabilities on smartphones and other wireless devices in certain locations. The patent, US Patent No 8,254,902, was published on August, 28th 2012 and it reads: Apparatus and methods for changing one or more functional or … continue reading

Hershey's Novel Design Protected Under Trademark Law

Thursday, 30 August, 2012

Riddle me this: It’s a brown rectangle that can be broken, but can’t be copied. What is it? The iconic Hershey chocolate bar design - rectangular, scored, with raised edges and the Hershey name embossed on each piece - has finally achieved protected status under trademark law. The US Patent and … continue reading

Supreme Court to Rule on Vulgar Trademarks

Monday, 30 November, -0001

The US Supreme Court has agreed to decide a case involving whether the owner of a clothing line can register “FUCT” as a trademark. An examiner at the US Patent and Trademark Office ruled against Erik Brunetti, the owner of the clothing line, and he appealed to the Trademark Trial and … continue reading

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