Intellectual Property News from FreeAdvice.com

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

2018 Intellectual Property Legal News Archives

December 2018