Entertainment Law Update Podcast

Episode 28 – Political Campaigns, combat helicopters and Batmobiles.

Gordon Firemark — Wed, 01 Feb 2012 21:00:42 +0000

Call us with your feedback:
(310) 243-6231

In this Episode:

Political campaigns raise the ire of copyright holders and newscasters
A Canadian Lawyer’s perspectives
MegaUpload
Golan v. Holder ruling
Helicopters in video games… need a license?
and more

GET CLE CREDIT for this episode.

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Show Notes

Hosts:

Gordon P. Firemark
Website: http://firemark http://theatrelawyer.com,
Twitter: @gfiremark

Tamera Bennett

Website: http://createprotect.com
Twitter: @tamerabennett

Bob Tarantino
Blog: http://www.entertainmentmedialawsignal.com/
email: BTarantino@heenan.ca

Bob Tarantino

Bob Tarantino is a partner in the Entertainment Law group at Heenan Blaikie LLP and focuses his practice on the interface between entertainment and intellectual property law. Bob has been recognized as one of Canada’s leading lawyers in the area of entertainment law in the 2010, 2011, and 2012 editions of The Best Lawyers in Canada (Woodward/White). In 2010 he launched Heenan Blaikie’s Entertainment & Media Law Signal, a collaborative blog by members of the firm’s Entertainment Law group, which was recognized as a co-winner of the Best New Law Blog in the 2010 Canadian Law Blog Awards.

NEWT GINGRICH CAMPAIGN’S MUSIC COPYRIGHT ISSUES

Newt Gingrich’s campaign makes the news twice in a week for claims of copyright infringement of a song. Rude Music Inc., owned by Frank Sullivan, a co-author of the song “Eye of the Tiger,” filed a copyright infringement lawsuit in federal district court in Chicago for Gingrich’s use of the song on the campaign trail.

CANADIAN COPYRIGHT LAW APPROACH TO SIMILAR SCENARIO

The Newt Gingrich Campaign has been using the song, “How You Like Me Now” at campaign events. Third Side Music, a Montreal Record Label that controls the rights to the song sent Gingrich’s team a cease and desist order.

In the US, using a song at the public event requires securing a valid public performance license from ASCAP, BMI, or SESAC. Beyond that, an artist does not have the ability to restrict the use of their song at a political event.

In Canada, the Canadian Copyright Act gives authors moral rights.

The author of a work has the right to the “integrity” of the work which is ingringed if the work is, to the “prejudice of the honor or reputation of the author, distorted, mutilated or otherwise modified; or used in association with a product, service, cause or institution (Section 14.1, Section 28.2).”

Thus, here, the use of the song in association with a cause (the campaign) prejudices the honor or reputation of the author and infringes his moral rights.

Third Side Music is the Canadian music publisher that controls the rights to the song.
Bob’s blog post at Entertainment Media Signal: http://www.entertainmentmedialawsignal.com/2012/01/articles/music/canadian-copyright-and-campaigns-moral-rights-edition/#.TyYIdrXVzI8.twitter

MITT ROMNEY/NBC

NBC’s lawyers have asked Romney to take out any reference to the network’s journalism in any other ads as well, but the campaign said it believes it falls under the fair-use doctrine and was reluctant to take the ad off.

Megaupload Drops Lawsuit Against Universal Music Group

THR-Esq: http://www.hollywoodreporter.com/thr-esq/megaupload-universal-music-group-lawsuit-dropped-283767
Wired.com: http://www.wired.com/threatlevel/2011/12/youtube-universal-megaupload/
THR-Esq: http://www.hollywoodreporter.com/thr-esq/megaupload-founder-kim-dotcom-arrest-bail-sopa-284551

GOLAN V. HOLDER – SUPREME COURT RULING

THREsq: http://www.hollywoodreporter.com/thr-esq/supreme-court-ruling-foreign-copyright-laws-282931

The Supreme Court has handed down a long awaited decision. In a 6-2 decision, the Supreme Court held that Congress had the right to enter into the Uruguay Round Agreement which was an international treaty that allowed foreign rights-holders to claim copyright protection on some works that were previously in the public domain.

EA Invokes First Amendment For Video Games

Kotaku: http://kotaku.com/5874076/ea-invokes-first-amendment-protection-for-video-games-in-trademark-dispute-with-helicopter-maker
THR Esq: http://www.hollywoodreporter.com/thr-esq/battlefield-helicopters-video-games-280148
Gamasutra: http://www.gamasutra.com/view/news/39540/EA_claims_free_speech_in_legal_dispute_over_helicopter_usage_in_Battlefield_3.php

Video game juggernaut Electronic Arts has filed suit against defense conglomerate Textron in California court. At issue is EA’s right to depict three of Textron’s helicopters in the video game military simulation Battlefield 3. Textron was allegedly threatening their own suit over trade dress infringement and dilution claims, which prompted the pre-emptive action by Electronic Arts. EA is seeking a declaratory judgment allowing them to depict the three aircraft (the AH-1Z Viper, the UH-1Y transport helicopter, and the V-22 Osprey) on Fair Use and First Amendment grounds.

Compare: Use of “fictional car brands” in video games. http://www.giantbomb.com/fictional-car-brands/92-5156/

Velvet Underground Sues Andy Warhol Foundation Over Famous Banana Album Cover

THREsq: http://www.hollywoodreporter.com/thr-esq/velvet-underground-andy-warhol-bananas-280603

UK Judge Orders Accused Copyright Pirate Extradited to US

THREsq: http://www.hollywoodreporter.com/thr-esq/tvshack-richard-odwyer-copyright-pirate-281455

Richard O’Dwyer, a 23-year old British resident has been ordered for extradition to the United States to face charges of copyright infringement for running a website that links to free films and tv shows. Mr. O’Dwyer made thousands of British Pounds in advertising on the site.

The UK judge ruled that although the UK authorities are declining to litigate, the US authorities still have a right to try Mr. O’Dwyer in their jurisdiction.

Just How Egregiously Must a Trademark Plaintiff Act Before a Court Awards Attorneys’ Fees to the Defendant?–1-800 Contacts v. Lens.com

Technology & Marketing Law Blog: http://blog.ericgoldman.org/archives/2012/01/its_really_hard.htm
Link to case: http://www.scribd.com/doc/78568762/1-800-Contacts-v-Lens-com-Denial-of-Attorneys-Fees

Section 1117 of the Lanham Act allows for recovery of attorneys’ fees in “exceptional” cases of trademark infringement. On such case is 1-800 Contacts v. Lens.com. 1-800 Contacts sued their competitor in the Central District of Utah for infringement by competitive keyword advertising.

Kim Kardashian v. The Gap:

Yahoo: http://tv.yahoo.com/news/prepare-for-the-fight–the-gap-vs–kim-kardashian.html
Complaint: http://law.justia.com/cases/federal/district-courts/california/cacdce/2:2011cv05960/507477/1/

A while back, Kim Kardashian filed suit against the Gap, the clothing retail giant which is the parent company of Old Navy, for using a supposed ‘Kim Kardashian look-a-like in one of the Old Navy commercials. Kardashian sued for $20 million claiming that the commercial “created confusion in the marketplace and violated her rights to her name and likeness.”

Now, The Gap is fighting back, arguing that Kardashian’s reputation was not actually damaged by the commercial.

Batmobile Design IS protectable by copyright. Not a “Useful Article”

Last year, DC Comics, a subsidiary of Warner Bros., sued Mark Towles, who operated a business called “Gotham Garage,” which sold imitation batmobiles. DC, accused Towles of violating its copyright and trademark and confusing the public into thinking that his cars were authorized products.

U.S. District Judge Ronald Lew, rejected Towles’ argument that a BatMobile is a useful article, not protected by copyright.

http://feedproxy.google.com/~r/THREsquire/~3/qchZSWToIFw/dark-knight-rises-batmobile-justin%20bieber-286212

BATMOBILE CASE: Order denying Defense Motion to Dismiss

Episode 27 – Top 10 Stories of 2011

Gordon Firemark — Mon, 02 Jan 2012 16:00:26 +0000

Call us with your feedback:
(310) 243-6231

In this Episode:

“Santa Claus Is Coming to town” Copyright termination
9th Circuit upholds DMCA Safe Harbor for VEOH
Our Top Ten Stories of 2011
Predictions for 2012

GET CLE CREDIT for this episode.

Show Notes

Hosts:

Gordon P. Firemark
Website: http://firemark http://theatrelawyer.com,
Twitter: @gfiremark

Tamera Bennett

Website: http://createprotect.com
Twitter: @tamerabennett

NEW CASES

Songwriter’s estate wants control over ‘Santa Claus is coming to town’
THREsq: http://www.hollywoodreporter.com/thr-esq/songwriters-estate-wants-control-santa-275899
Link to Complaint: http://www.courthousenews.com/2011/12/20/SantaTune.pdf

Veoh is shielded by the safe harbor provisions of the DMCA
THREsq: http://www.hollywoodreporter.com/thr-esq/copyright-case-universal-music-veoh-275779
Link to decision: http://www.scribd.com/fullscreen/76172777

Episode 26 – Attack of the Little Trees!

Gordon Firemark — Thu, 01 Dec 2011 08:00:52 +0000

Call us with your feedback:
(310) 243-6231

In this Episode:

PROTECT IP /SOPA
CROWD FUNDING BILL
Ghost Hunters – Cert Denied
Rob Zombie Class Action moves toward class certification
Viacom/ YouTube case sees extraordinary order
Grooveshark sued by UMG
Sound Recording Copyright Terminations begin
Who owns “La Dolce Vita”
Does Eastland records have a 50/50 chance in court?
Car Freshner v. Getty Images – attack of the little trees

GET CLE CREDIT for this episode.

Show Notes

Hosts:

Gordon P. Firemark
Website: http://firemark http://theatrelawyer.com,
Twitter: @gfiremark

Tamera Bennett

Website: http://createprotect.com
Twitter: @tamerabennett

Guest:

Peter Kaufman of the Kaufman Entertainment Law Group in Los Angeles joins us in this episode.

Peter practices in the fields of film, television, music and intellectual property. He is an Arbitrator for the Independent Film and Television Alliance, and a member of the Academy of Television Arts & Sciences. He is also a frequent speaker in the United States and abroad including USC’s School of Cinema Arts, CeBit – Germany, the Atlas Film and TV Finance Conference and the Los Angeles County Bar Association’s yearly symposia on entertainment law. Mr. Kaufman is the former chair of the Intellectual Property and Entertainment Law Section of the Los Angeles County Bar Association.

Read Peter’s blog at http://dealfatigue.com, and follow him on twitter: @dealfatigue.

PENDING LEGISLATION

Protect IP Act and Stop Online Piracy Act (SOPA):

Ars Technica, Proposed Law: http://static.arstechnica.net/2011/10/26/SOPA.pdf

Public Knowledge: http://www.publicknowledge.org/blog/what-warners-recklessness-says-about-sopa

Warner Bros. response: http://torrentfreak.com/warner-bros-admits-sending-hotfile-false-takedown-requests-111109/

Brief Summary of the Proposed Law

PROTECT IP Act (short for Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property Act of 2011) was introduced on May 12, 2011 by Senator Patrick Leahy. It is a rewriting of the Combating Online Infringement and Counterfeits Act (COICA). The House version of the bill, the “Stop Online Piracy Act” (SOPA) was proposed on October 26, 2011.

The Bill(s):

Create a private cauise of action against sites that are “dedicated to the theft of U.S. Property”
Allows the DOJ stop payments and advertising on such sites.
Bars search engines from linking to those sites, as well as ordering domain name services to de-list the sites.
Grants immunity to those who report such infringing sites

CAUTIONARY TALE:

Warner Bros. has admitted to abusing its DMCA takedown rights in another context… what’s to stop them and others like them from abusing this law’s mechanism to take down entire sites?

CROWD FUNDING REGULATIONS

WSJ: http://online.wsj.com/article/SB10001424052970203707504577008021536730062.html?KEYWORDS=crowd-funding

On November 3, 2011, the U.S. House of Representatives passed the Entrepreneur Access to Capital Act, H.R. 2930. The bill will allow an SEC registration exemption for crowd-funding, whereby entrepreneurs could raise up to $2 million in equity from individual investors, but must provide audited financial statements if the total money raised exceeds $1 million.

FOLLOW – UPS

SUPREME COURT NIXES GHOST HUNTERS CASE

Variety: http://www.variety.com/article/VR1118045749

The U.S. Supreme court has denied the defense’s petition for cert on the question whether Copyright law pre-empts state law breach of implied contract and breach of confidence claims. Earlier this year, the 9th circuit ruled that it does NOT. So…The case now heads back to the district court for trial.

UNIVERSAL MUSIC LOSES BID TO DISMISS CLASS ACTION OVER DIGITAL REVENUE (ROB ZOMBIE/RICK JAMES)

THREsq: http://www.hollywoodreporter.com/thr-esq/universal-music-lawsuit-rob-zombie-rick-james-256662

UMG claims that digital downloads and ringtones should be classified as “sales,” garnering the artist a 10-20 percent royalty rate. Rob Zombie, etc. claim that they should be classified as “licenses,” which would be closer to a 50/50 split.

VIACOM/YOUTUBE

THREsq: http://www.hollywoodreporter.com/thr-esq/youtube-viacom-appeal-lawsuit-258734; http://www.hollywoodreporter.com/thr-esq/viacom-youtube-interpretation-copyright-law-260192
TechDirt: http://www.techdirt.com/articles/20111110/12320516711/viacom-says-that-letting-people-view-videos-phones-youtube-loses-dmca-safe-harbors.shtml

The 2nd Circuit now hearing the case issued an extraordinary order asking both sides to comment further on the “red flag” provisions in the DMCA.

CASES TO WATCH

UNIVERSAL MUSIC GROUP SUES GROOVESHARK

THR: http://www.hollywoodreporter.com/thr-esq/universal-music-grooveshark-copyright-lawsuit-263714

Digital Music News: http://www.digitalmusicnews.com/permalink/2011/111123grooveshark?utm_source=dlvr.it&utm_medium=twitter

Direct Link to Complaint: http://www.digitalmusicnews.com/uploads/b9/82/b9829ebb37bd5f1a25fc839df6ea6db7/grooveshark.pdf

UMG contends that Grooveshark is a “pirate website” that streams unauthorized copyrighted material to its users (reportedly 600 million minutes a month to 30 million unique users).

The interesting twist in this case is that UMG also accuses Grooveshark employees, by name, including the CEO and other senior executives, of uploading over 113,000 unauthorized songs to the site.

Chart detailing the alleged song uploads by Grooveshark employees -
http://www.digitalmusicnews.com/legal/grooveshark2.jpg

First Sound Recording Copyright Termination Suit Filed

Lommen Abdo: http://www.lommen.com/Firm-News/Legal-Headlines/Termination-of-Copyright-Transfers.aspx

Practice Point: If you have a client who is a legacy songwriter or recording artist and who signed an agreement in 1978 or shortly after, now would be a good time to review those prior agreements and catalogs and serve notices of termination under the U.S. Copyright Act. Failure to do so may result in the loss of valuable reversion rights.

PARAMOUNT SUES FOR OWNERSHIP OF LA DOLCE VITA

THREsq: http://www.hollywoodreporter.com/thr-esq/paramount-sues-fellini-la-dolce-vita-257681

Paramount filed a complaint in California federal court against International Media Films, who also claims to be the valid copyright owner of La Dolce Vita. Both claim ownership through a convoluted chain of title. The outcome of the Golan v. Holder case might make Paramount’s claim moot. If the Supreme Court restores copyrighted works to the public domain, including La Dolce Vita, then no one actually would have a valid copyright in the film and it would be in the public domain.

MUSIC LABEL SUES DEMANDING ‘50/50’ DISTRIBUTORS CHANGE FILM TITLE

THREsq: http://www.hollywoodreporter.com/thr-esq/50-50-movie-seth-rogen-lawsuit-263572
50/50 TM info: http://www.trademarks411.com/marks/78228773-phifty-50

Eastland Music Group filed the federal lawsuit in Illinois claiming it has been using the 50/50 mark since 2000 in connection with entertainment services and products. As evidence, they point to its website, phifty-50.com (fifty spelled with a “ph”), which currently has a sign post on its front page adorned with “50/50” (fifty slash fifty like the film title).

They are demanding a permanent injunction against use of the title, the destruction of all products where “50-50″ is affixed, and an award of all of the film’s sales and revenues as a result of the alleged infringement.

CAR FRESHNER TRADEMARK INFRINGEMENT CASE:

Lexology: http://www.lexology.com/library/detail.aspx?g=ffd801cb-72c3-49fb-bd23-5ff8df0daf9b

Link to decision: http://www.scribd.com/doc/67629206/Decision-Tree-Freshner-Getty

The Car Freshner Corporation, maker of that tree-shaped, rear-view mirror hanging car air freshener is suing Getty Images for trademark infringement over a number of images in its stock photo inventory that include a tree-shaped air freshener.

Getty filed a motion to dismiss but in late October 2011, the court denied that motion. The opinion reads: “after reviewing the images on Defendants’ website containing the Tree Marks, the Court finds plausible the allegation that a purchaser and/or user of Defendants’ images could be confused as to the source of origin of the images, believing incorrectly that ‘they originate from, are sponsored by, are approved by, or in someway are affiliated with Plaintiffs.’”

NEW FILINGS TO WATCH OUT FOR

CAPITOL RECORDS v. DEFRIES

Jason Pascal, VP of The Orchard, brought our attention to this complaint, filed in the SDNY. The former manager of David Bowie, Mick Ronson and others seems to be taking the position that anyone meeting what he deems to be a co-author has a right to non-exclusively license the whole master. Consequently, via his relationship with the Ronson estate, he digitally released Pin-Ups by David Bowie, American Fool by John Mellencamp, Bad Company by Bad Company, Transformer by Lou Reed, and several others. All of these titles had performances by Mick Ronson and the defendant is claiming he is a co-author. The record labels finally sued.

TAYMOR v. Eight Legged Productions, LLC

Playwright and Director Julie Taymor, who earlier this year was replaced on the beleaguered production of Spiderman, has filed suit against the shows’ producers and her co-writer alleging breach of contract unfair competition, and copyright claims relating to the show’s use of material she created in subsequent productions and tours without her approval, and for failure to pay royalties due.

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Episode 025 – What’s with all the Zombies?

Gordon Firemark — Tue, 01 Nov 2011 05:30:10 +0000

Call us with your feedback:
(310) 243-6231

In this Episode:

Zombie Righthaven
Golan v. Holder at the USSC
Marilyn Monroe Right of Publicity?
ReDigi – digital music first sale doctrine?
Poison gets sued 25 years after infringement
Costumes and copyright?
and more…

GET CLE CREDIT for this episode.

Show Notes

FOLLOW – UPS

Righthaven — almost dead, but not quite
Vegas Inc.: http://www.vegasinc.com/news/2011/oct/21/another-judge-doubtful-righthavens-standing-sue/

Hollywood eyes fate of copyright law (Golan v. Holder update)
THREsq: http://www.hollywoodreporter.com/thr-esq/supreme-court-argument-copyright-public-domain-244528

Link to mp3 of the entire oral argument: http://www.oyez.org/cases/2010-2019/2011/2011_10_545

Public Domain Info Project
http://www.pdinfo.com/

Middle Tennessee State University Center for Popular Music:
http://popmusic.mtsu.edu/

Monroe Publicity Rights
Law360: http://www.law360.com/ip/articles/276881

George Clinton dispute regarding digital downloads.
http://ipandentertainmentlaw.wordpress.com/2011/10/28/george-clinton-v-umg-royalty-disptues-and-more/

ReDigi – can you legally resell your music?
TechCrunch: http://techcrunch.com/2011/10/14/what-if-you-could-legally-resell-your-digital-music-redigi-may-have-found-the-solution/

Does Warner Bros. Really Have Exclusive Movie Rights to a Story Posted on Reddit?
THREsq: http://www.hollywoodreporter.com/thr-esq/does-warner-bros-have-movie-250726
Can MTV Sue New Jersey For Nixing ‘Jersey Shore’ Tax Credit?
NY Times: http://www.nytimes.com/2011/09/27/nyregion/christie-blocks-tax-credit-for-jersey-shore.html
THR: http://www.hollywoodreporter.com/thr-esq/can-mtv-sue-new-jersey-shore-241609
NJ.com: http://www.nj.com/news/index.ssf/2011/09/gov_christie_vetoes_jersey_sho.html

80’s Hair Band Poison sued for allegedly stealing songs twenty-five years ago
http://www.billboard.biz/bbbiz/industry/legal-and-management/hair-band-war-did-poison-steal-80s-hits-1005429832.story

Could Ben Affleck be liable for The Town-inspired robberies?
FindLaw: http://blogs.findlaw.com
FindLaw: http://writ.news.findlaw.com/hilden/20030602.html

Power Rangers Halloween Costumes – Can They Be Copyrighted?
THREsq: http://www.hollywoodreporter.com/thr-esq/power-rangers-halloween-costumes-morph-254742

‘Hurt Locker’ Case Dismissed on Anti-Slapp motion
THREsq: http://www.hollywoodreporter.com/thr-esq/read-judges-decision-hurt-locker-248276?utm_source=dlvr.it&utm_medium=twitter
Casp.net: http://www.casp.net/california-anti-slapp-first-amendment-law-resources/statutes/

Man claims that The Hangover II was based on his life story
THR: http://www.hollywoodreporter.com/thr-esq/man-sues-claiming-hangover-ii-249303

Quarterback’s suit against EA dismissed
Lexology: http://www.lexology.com

Actress Sues iMDB for revealing age
THREsq: http://www.hollywoodreporter.com/thr-esq/actress-sued-imdb-identity-250664

Episode 024 – Wronghaven, Immaterial Girls & Noodle Bowls

Gordon Firemark — Fri, 30 Sep 2011 00:30:46 +0000

Call us with your feedback:
(310) 243-6231

In this Episode:

Righthaven is wrong… even more
$10 infringement settlements
Tenenbaum award reinstated
Indies sue Limewire
Betty Boop ruling revised
Material Girl trademark suit proceeds
You can’t copyright food

GET CLE CREDIT for this episode.

Show Notes

The end of Righthaven?

Wired: http ://www .wired .com /threatlevel /2011/09/medianews -righthaven -dumb -idea /?utm _source =twitterfeed &utm _medium =twitter

ArsTechnica: http ://arstechnica .com /tech -policy /news /2011/09/righthaven -copyright -suits -tossed -in -colorado -too .ars ?utm _source =rss &utm _medium =rss &utm _campaign =rss &utm _source =twitterfeed &utm _medium =twitter

Law firm offers $10 settlements to music copyright infringers

PaidContent: http ://paidcontent .org /article /419-10-settlement -offers -the -entertainment -industrys -new -copyright -tactic /

Court Upholds $675 Judgment Against Joel Tenenbaum

FindLaw: http ://blogs .findlaw .com /first _circuit /2011/09/circuit -reinstates -675000-judgment -against -joel -tenenbaum .html ?=features

Goldman blog: http ://blog .ericgoldman .org /archives /2011/09/1 st _circuit _rei .htm

Order: http ://docs .docstoc .com /pdf /29137/470628 a 6-a 507-41 ce -8 cbd -0309210 c 748 e .pdf

Independent Labels Sue LimeWire for their Share of Settlement

Lexology: http ://tinyurl .com /695 vmhy

Saregama v . Timbaland , et al .Case No . 10-10626 (11 th Cir ., March 25, 2011)?

2nd Cir. Will Hear Richard Prince’s Photo Use Appeal

Law360: http ://www .law 360.com /ip /articles /271962

NYTimes: http ://artsbeat .blogs .nytimes .com /2011/09/15/court -allows -richard -prince -to -appeal -copyright -decision /

Betty Boop no longer threat to Detroit Lions, Princeton Tigers, or Yogi Bear — oh my!

Lexology: http ://tinyurl .com /3 ttgb 2 y

Opinion: http ://www .ca 9.uscourts .gov /datastore /opinions /2011/08/19/09-56317.pdf

’Cause we are living in a material world! But it doesn’t belong to Madonna!

Lexology: http ://www .lexology .com /library /detail .aspx ?g =e 6 c 58 d 7 c -83 ae -45 a 3-a 353-32 f 5 fa 48741 e &utm _source =Lexology +Daily +Newsfeed &utm _medium =HTML +email +-+Body +-+Federal +section &utm _campaign =Lexology +subscriber +daily +feed &utm _content =Lexology +Daily +Newsfeed +2011-09-20&utm _term =

THREsq: http ://www .hollywoodreporter .com /thr -esq /judge -rejects -madonnas -trademark -claim -231562

Ninth Circuit adopts lower court’s use of its own “blades of chaos” to filter out the unprotectable elements of a plaintiff’s copyright infringement claim

Lexology: http ://tinyurl .com /4 yv 68 kl

You can’t copyright a bowl of food

KIM SENG COMPANY v J&A IMPORTERS, INC., ET AL.

Lexology: http ://tinyurl .com /3 hgcagh

Decision: http://iplawwatch.foxrothschild.com/uploads/file/seng742.pdf

Cases mentioned:

Feist Publ ‘ns , Inc . v . Rural Tel . Serv . Co ., 499 U .S . 340, 361 (1991).

Satava v . Lowry

Lamps Plus , Inc . v . Seattle Lighting Fixture Co. I

Quick-Takes

EU Adds 20 years to Music Copyrights

Ars: http ://tinyurl .com /4 y 4 lojz

EU Directive: https ://www .consilium .europa .eu /uedocs /cms _data /docs /pressdata /en /intm /124570.pdf

New Filings

Deadline’s Parent Company Sues THR’s Parent Company for Copyright Infringement

LA Times: http ://latimesblogs .latimes .com /entertainmentnewsbuzz /2011/09/deadline -hollywood -reporter -lawsuit .html

ELU Episode 023 – Monkeying Around with Copyright Law

Gordon Firemark — Sat, 20 Aug 2011 05:00:31 +0000

Call us with your feedback:
(310) 243-6231

In this Episode:

Righthaven is wrong… again, and again, and again….
Disney Appeals ”Millionaire” verdict
Wizard of Oz film characters still protected
First Sale doesn’t apply to imported goods
Monkeying around with copyright
and more…

GET CLE CREDITf or this episode.

Show Notes

Follow Ups

Righthaven suffers three strikes in one week
Lexology: http://tinyurl.com/3e8m2okThe cases in question:

Righthaven LLC v. Democratic Underground, LLC, 2011 WL 2378186 (D. Nev. June 14, 2011) (Roger L. Hunt, C.J.);Righthaven LLC v. Hoehn, 2011 WL 2441020 (D. Nev. June 20, 2011) (Philip M. Pro, J.);Righthaven LLC v. DiBiase, Case No. 2:10-cv-01343-RLH-PAL, Order (D. Nev. June 22, 2011) (Roger L. Hunt, C.J.).

Link to Strategic Alliance Agreement.

Disney Appeals $319 Million ‘Millionaire’ Verdict
THREsq: http://www.hollywoodreporter.com/thr-esq/disney-appeals-319-mil-millionaire-216538

Jack Kirby appeals loss in Marvel copyright lawsuit
THREsq: http://www.hollywoodreporter.com/thr-esq/jack-kirby-estate-vows-appeal-216642
http://www.hollywoodreporter.com/thr-esq/jack-kirby-estate-files-appeal-223151

=====================

Feature Stories

Warner Bros. Wins Key Legal Ruling Impacting All ‘Wizard of Oz’ Remakes
THREsq: http://www.hollywoodreporter.com/thr-esq/warner-bros-wins-key-legal-208255
Link to decision: http://www.leagle.com/xmlResult.aspx?xmldoc=In%20FCO%2020110705129.xml&docbase=CSLWAR3-2007-CURR

If you’re interested in reading the entire decision, the case is called Warner Bros. Entertainment, Inc. v. X One X Productions.

Bleistein v. Donaldson Lithographing Company, 188 U.S. 239 (1903), is a case in which the
U.S. Supreme Court found that advertisements were protected by copyright.

Copyright owners win broader rights for works made abroad Thompson Reuters: http://newsandinsight.thomsonreuters.com/Legal/News/2011/08_-_August/Copyright_owners_win_broader_rights_for_works_made_abroad_-court/

John Wiley & Sons Inc v. Supap Kirtsaeng d/b/a Bluechristine99, U.S. Court of Appeals for the 2nd Circuit, No. 09-4896.

Mine o’ Mine, Inc. v. Calmese

Lexology: http://tinyurl.com/3vydpzz
Decision: http://tinyurl.com/3mkx9qt

Quick Takes

Jury Sides With DreamWorks Animation in ‘Kung Fu Panda’ Case
THREsq: http://www.hollywoodreporter.com/thr-esq/jury-sides-dreamworks-animation-kung-215019

Project Runway Hit With Copyright Lawsuit from Photographer
THREsq: http://www.hollywoodreporter.com/thr-esq/project-runway-hit-copyright-lawsuit-217618

The Wild Lawsuit Against Bravo’s ‘Million Dollar Decorators’
THREsq: http://www.hollywoodreporter.com/thr-esq/wild-lawsuit-bravos-million-dollar-216179

Copyright for All Primates?
Nearby Café: http://nearbycafe.com/artandphoto/photocritic/?p=8129
Art Info: http://www.artinfo.com/news/story/38113/could-the-cindy-sherman-of-monkeys-accidentally-revolutionize-copyright-law-for-artists/

Real World Sued For Failing to Blur Shadow Dancers
THREsq: http://www.hollywoodreporter.com/thr-esq/real-world-sued-failing-blur-220947

A Village Person Test The Copyright Law
NYTimes: http://www.nytimes.com/2011/08/17/arts/music/village-people-singer-claims-rights-to-ymca.html?_r=1

Marlon Brando Estate Sues Over ‘Brando’ Sofas
THREsq: http://www.hollywoodreporter.com/thr-esq/marlon-brando-estate-sues-brando-223596

NEW US CODE SEARCH TOOL http://uscodebeta.house.gov/

THE FAIR USE CALCULATOR AT HTTP ://librarycopyright.net/fairuse

not legal advice, but a useful tool to document your arguments on the 4 factors….

Episode 22 – Violent Games, (anti) Slapps and other painless fun

Gordon Firemark — Thu, 14 Jul 2011 17:58:09 +0000

Call us with your feedback:
(310) 243-6231

In this Episode:

Hangover Tattoo case settled
Hot News Claim – not so hot
California Video Game Law unconstitutional
You don’t mess with the Zohan.. In court, either.
Photo Credit removal is DMCA breach
and more…

GET CLE CREDIT for this episode.

Show Notes

Warner Bros. Settles ‘Hangover II’ Tattoo Lawsuit

Whitmill v. Warner Bros.THREsq: http://www.hollywoodreporter.com/thr-esq/warner-bros-settles-hangover-ii-203377

Second Circuit Finds “Hot News” Misappropriation Claim Preempted By Copyright Act

In Barclay’s Capital Inc. v. TheFlyontheWall.com, Link to decision.

Rebecca Black’s ‘Friday’ Taken Off YouTube

Rebecca Black adv. Ark Music

THREsq: http://www.hollywoodreporter.com/thr-esq/rebecca-blacks-friday-taken-youtube-202893

TMZ: http://www.tmz.com/2011/06/16/rebecca-black-friday-song-youtube-copyright-music-video-official/

Supreme Court Strikes Down California Video Game Law

Brown v. Entertainment Merchants Association,

THREsq: http://www.hollywoodreporter.com/thr-esq/supreme-court-strikes-down-california-205827

Lexology:

http://www.lexology.com/library/detail.aspx?g=7a61f80f-27f1-4b7f-a2ac-75241356876f&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-07-04&utm_term=

California video game law: http://info.sen.ca.gov/pub/05-06/bill/asm/ab_1151-1200/ab_1179_bill_20051007_chaptered.html

Supreme Court decision: http://www.supremecourt.gov/opinions/10pdf/08-1448.pdf

Is the idea to use a hair dryer as a weapon copyrightable? No, says Second Circuit.

Cabell v. Sony Pictures http://www.scribd.com/doc/58902438/Cabell-v-SONY-Pictures

THREsq: http://www.hollywoodreporter.com/thr-esq/appeals-court-backs-adam-sandler-205956

Shock Jocks’ Photo Credit Edit Breached DMCA: 3rd Circ

Murphy v. Millenium Radio Group, LLC.

Link to decision: http://www.ca3.uscourts.gov/opinarch/102163p.pdf

Law360: http://www.law360.com/ip/articles/251395?utm_source=newsletter&utm_medium=email&utm_campaign=ip

Lexology: http://www.lexology.com/library/detail.aspx?g=9ebcb548-f480-458a-93cb-fd2340d07e18

Songwriter Wins Round in Legal Battle with Summit Over ‘Twilight’ Song

THREsq: http://www.hollywoodreporter.com/thr-esq/songwriter-wins-round-legal-battle-200813

Bridal shop loses trademark rights for naked licensing

Eva’s Bridal Ltd. v. Halanick Enter., Inc., Case No. 10-2863 (7th Cir., May 10, 2011).

Link to decision: http://www.trademarkandcopyrightlawblog.com/uploads/file/Eva.pdf

See also, FreecycleSunnyvale v. The Freecycle Network, __ F.3d. __, 2010 WL 4749044, No. 08-16382 (9th Cir. Nov. 24, 2010). Abandonment of trademark by naked license.

RCFP: http://www.rcfp.org/newsitems/index.php?i=11931

List of Anti Slapp Statutes by State

Episode 21 – Tough Cookies and Heart Attacks

Gordon Firemark — Tue, 14 Jun 2011 06:41:39 +0000

Call us with your feedback:
(310) 243-6231

In this Episode:

Bogart and Brando vs. Product Manufacturers
Tennessee Neftlix Law
Copyright Office rules on Gap Grants
Disney and Dish Network duke it out
One Tough Cookie sues Tough Cookies
Point Break Parody lawsuit
“Heart Attack” as a brand?
and more…

GET CLE CREDIT for this episode.

Show Notes

Follow Ups

Copyrights and Wrongs on Tyson tattoo zernerlaw.wordpress.com/2011/05/25/the-hangover-2-tyson-tattoo-lawsuit-and-the-p…

In re NCAA Student-Athlete Name & Likeness Litigation www.lexology.com/library/detail.aspx?g=bd157fb1-657b-4ce9-89c2-39dc86f80668&utm_…

Link to Opinion: http://tinyurl.com/3np2l7t

District Court Judge Puts Righthaven Cases on Hold feedproxy.google.com/~r/TechnicallyLegal/~3/3DaWCxr9kcE/

Copyright Preemption: A Royal Pain For Idea Submission Plaintiffs in New York
www.entertainmentlawmatters.com/?p=1739

Also reported at : Hayden Christensen’s Lawsuit Against USA Tossed Out by Judge – Hollywood Reporter

HUMPHREY BOGART Furniture Settlement

BRANDO SUES HARLEY-DAVIDSON

Link to the Brando boots on Amazon.

(Looks like Harley Davidson has changed the name of the boot to “Smith”… but when you type “Brando boot” into Amazon… it still shows up, along with three other boots using that name….

Legislation and Regulatory

Tennessee Netflix Law: Password Sharing a Crime – Legislation & Policymaking – FindLaw Blotter

Rulings & Opinions

Judge Denies Disney’s Motion to Stop Dish From Distributing Movies for Free – Hollywood Reporter www.hollywoodreporter.com/thr-esq/judge-denies-disneys-motion-stop-194695

Disney Surrenders to Navy on ‘SEAL Team 6′ Trademark – Celebrity Intellectual Property – Celebrity Justice blogs.findlaw.com/celebrity_justice/2011/05/disney-surrenders-to-navy-on-seal-te…

http://newsfeed.time.com/2011/05/26/mickey%E2%80%99s-retreat-disney-withdraws-seal-team-six-patent-application.

NY Bakery Owner Sues Scripps Network Over Food Network Show – Hollywood Reporter www.hollywoodreporter.com/thr-esq/ny-bakery-owner-sues-scripps-194704

Who Has the Right to Parody Keanu Reeves’ Work In ‘Point Break’? – Hollywood Reporter www.hollywoodreporter.com/thr-esq/who-has-right-parody-keanu-190657

The case is Keeling v. New Rock Theatre Productions Opinion is here.

Movie Rights To 30-Year-Old Book at Center of Lawsuit .

Personal Names can be Protected as Trademarks: Just Ask John Elway tcattorney.typepad.com/ip/2011/06/personal-names-can-be-protected-as-trademarks-…

Trademark rights to “heart attack” designation on food menus contested

Nothing Like a Brando: Harley-Davidson Sued Over Name of New Line of Boots (jonathanturley.org)
Harley Davidson Ironhead 1979 to 1983 Laced Rear Wheel Figure (athingforcars.com)
Harley Davidson Ironhead 1979 to 1983 Cast Rear Wheel Figure (athingforcars.com)
Harley-Davidson gains big after UBS report (marketwatch.com)
Shoe Cravings: Motorcycle Boots (beso.com)
Going Wild: The Motorcycle Diaries (onlineshoes.com)
Shoe Cravings: Men’s Boots for Spring (beso.com)
How to sell a Harley-Davidson (hellforleathermagazine.com)
The Harley-Davidson Scooter (neatorama.com)
Harley Davidson receives short-term buy from UBS (marketwatch.com)
American Icons: Willie Nelson, Harley Davidson, and Country Music Throwdown (stillisstillmoving.com)
The Mouse Takes Bin Laden: Disney Moves To Claim Trademark to “Seal Team Six” (jonathanturley.org)
Disney abandons plan to trademark “Seal Team 6″ (shortformblog.tumblr.com)
Disney backs away from ‘SEAL Team 6′ trademark (insidemovies.ew.com)
Follow Up of the Day: Disney Withdraws SEAL Team 6 Trademark Applications (thedailywh.at)
UPDATE: Disney Withdraws Application To Trademark “Seal Team 6″ (videogum.com)
Disney trademarks “Seal Team 6″ (cbsnews.com)
Disney Retreats… (online.wsj.com)
“Disney Drops Its Trademark Application For SEAL Team Six” and related posts (warnewsupdates.blogspot.com)

Entertainment Law Update Episode 20 – Tattoos and Topiaries

Gordon Firemark — Thu, 12 May 2011 05:10:06 +0000

Call us with your feedback:
(310) 243-6231

In this Episode:

follow ups on Righthaven, Girls Gone Wild,etc.
Bratz verdict of $88.5 Million
Copyright doesn’t pre-empt contract and confidence claims
Vandals smear Variety
No moral rights in landscape design?
Tattoo Law
and more…

GET CLE CREDIT for this episode.

Show Notes

Follow Ups

Girls Gone Wild founder cleared in civil case

Righthaven

Righthaven and the Case or Controversy Clause

But Your Honor, We Bought The Right To Sue!

Bratz

Mattel, MGA Fight Final Brawl Over Bratz Rights

How the Bratz Verdict May Impact You

Bryant/MGA v. Mattel (Bratz dolls)

Bloomberg: http://tinyurl.com/3pq47kl

LA Times: http://www.latimes.com/business/la-fi-bratz-verdict-20110422,0,6609913.story

In a retrial over who owns the rights to the billion-dollar Bratz doll franchise, a federal jury found that
Mattel misappropriated trade secrets from MGA and owes the company $88.5 million. An 8-person jury
unanimously rejected Mattel’s copyright infringement claims and said that Mattel did not own the rights to the
Bratz dolls, early models or sketches; and said that MGA did not steal trade secrets.ew trial.

9th Circuit rules contract and breach of confidence claims NOT pre-empted by Copyright law

Larry Montz, et al v. Pilgrim Films & Television, In, et al

Alien vs Predator infringement plaintiff loses on access AND similarity

Muller v. Twentieth Century Fox Film Corp.

Lexology: http://tinyurl.com/44aa6hn

Opinion: http://tinyurl.com/3zqfhbg

Variety takes on The Vandals in Delaware and loses ground… case will move to California

Variety Loses Round One to Punk Band In Album Cover Dispute …

THREsq: http://www.hollywoodreporter.com/thr-esq/variety-loses-round-one-punk-179026

Punk Band Wins Legal Skirmish, Lambastes Plaintiff and Opposing Counsel in
Animated Video

Moral Rights in your backyard?

Landscaper artist’s “rights of integrity” not violated by city trimming his garden

TheSeventh Circuit recently rejected a landscape artist’s claim that his rights of integrity were violated when the city of Chicago altered his artistic garden in Chicago’s Grant Park. The Court held that a garden cannot be copyrighted and thus, an artist cannot successfully claim that his “moral rights” are violated if the garden is altered or destroyed.

Fake Script infringed by blog?

Lionsgate claims that reviewing false script is copyright infringement

http://www.techdirt.com/articles/20110411/03242213846/lionsgate-claims-that-reviewing-fake-script-is-copyright-infringement.shtml

A&E loses appeal of idea theft claim

Appeals
Court Upholds $4M Verdict Against A&E Over ‘Flip This House”

Comic Book Cases

Stan Lee Media v. Stan Lee

http://www.hollywoodreporter.com/thr-esq/stan-lee-fights-legal-war-176918

In the latest news regarding the long-running legal battle between comic book writer/creator Stan Lee and the company that bears his name, Stan Lee Media Inc., a California federal judge will decide whether a trial is necessary to determine who holds the rights to Marvel characters such as Spiderman, the Incredible Hulk, X-Men, Iron Man, the Fantastic Four, and Thor.

Warner Bros./DC Comics and Superman litigation

http://www.hollywoodreporter.com/thr-esq/new-setback-warner-bros-superman-177832

In the latest move in Warner Bros. attempt to hold on to its stake in Superman, a federal judge judge has rejected Warner Bros.’ attempt to gain access to secret document that allegedly show an agreement between the estates of Superman co-creators Joel Shuster and Jerry Siegel not to make further copyright deals with the studio. The documents also allegedly contain a formula for how the two estates will share proceeds on Superman once they successfully terminate Warner Bros.’ rights to the lucrative franchise.

Tattoo Law:

Tattoo
Law: Can ‘Hangover 2′ Use Tyson Tattoo on Ed Helms’ Character?

Tyson’s tattoo artist sues to stop ‘Hangover 2′ … claims copyright infringement | Off the Bench

A tattoo artist named Victor Whitmill is suing the producers of the film Hangover 2 for copyright infringement.
The work in question is the tattoo Whitmill created on Mike Tyson’s face… it’s sort of a Maori Tribal art kind of thing… and frames Tyson’s left eye.

Tyson appeared in the first movie… Hangover… and in the 2nd movie, Ed Helms has a duplicate tattoo on his face.

GLEE plot leaks leads networks to consider NDA language for all contracts.

http://www.hollywoodreporter.com/thr-esq/glee-spoiler-leads-fox-consider-179867

An Extra on the successful musical series revealed the identity of the Prom King and Queen, and there was an uproar… Will day-players and stars alike now have to sign NDA’s?

Kentucky Fight Song

Court fight brews over use of University of Kentucky’s fight song | Latest Local, State News | Kentucky.com

Compulsory Licenses: the subject of debate by Artists

Should Covering Songs Be Illegal? Dr. Luke, Ke$ha, Adam Lambert Weigh In

After PRINCE very publicly denounced the provisions of copyright law that make covering songs possible with a
compulsory license. (section 115). The Hollywood Reporter asks others for their opinions.

Resource for our listeners (hat-tip to bob Ambrogi)

‘Free Law Reporter’ Puts Searchable Opinions Online

The searchable index of recent federal and state court opinions was developed by the Center for Computer-Assisted Legal Instruction (CALI). It is an “electronic case reporter” that makes the opinionsb searchable and also provides them as ebook collections.

Thanks

If you like what we do here each time, please do us two favors. Give us a review in the iTunes store, and tell your friends and colleagues about the show.

DON’T FORGET YOUR CLE CREDIT.

Episode 019 – Boop Boop Be Doo!

Gordon Firemark — Fri, 08 Apr 2011 16:09:45 +0000

Call us with your feedback:
(310) 243-6231

In this Episode:

Follow Ups
Penguin Group
Golan v. Holder
Documentary/Reality and privacy rights
Cariou v. Prince
Betty Boop
and more…

GET CLE CREDIT for this episode.

Show Notes

Follow Ups

Mass-Suing of Pirates Gets Shot In Arm Thanks to DC Judge
http://feedproxy.google.com/~r/THREsquire/~3/lHlTk3GPBQg/mass-suing-pirates-gets-shot-170403

Posting of Entire News Article is Fair Use, Says Judge in Righthaven Copyright Litigation :

Supreme Court denies Eminem royalties hearing
Detroit Free Press: http://tinyurl.com/67xgoe9

In the wake of the FBT case…

Rick James Estate Files Class Action Lawsuit Against Universal Music Over Digital Revenue http://www.hollywoodreporter.com/thr-esq/rick-james-estate-files-class-174323

WGA, AMPTP agree on new contract
http://www.variety.com/article/VR1118034164
Jonathan Handel’s article: http://www.reuters.com/article/2011/03/25/industry-us-wga-idUSTRE72O76320110325

Penguin Group (USA) Inc. v. American Buddha
http://www.lexology.com/library/detail.aspx?g=83de5f50-6c55-4747-9758-e4b63774cece

Opinion: http://www.ipinbrief.com/wp-content/uploads/2011/03/district-court-opinion1.pdf

Supreme Court

Golan v. Holder (questioning constitutionality of recapture of copyrights in foreign PD works)
Supreme Court To Hear Challenge To Copyright Term Extension Act With Regard To Foreign Works (Golan v. Holder)
Copyright Take-Backs? Supreme Court Grants Cert in Golan v. Holder
Restoring Copyright to Public Domain Works – Adam Liptak – NYTimes.com
Lexology: http://miniurl.org/7Mk, http://tinyurl.com/49tzkdf

SUMMARY:
The big question: Is Congress free to restore copyright protection to works that had entered the public domain and become public property?

QUICK TAKE

Obama Administration – tough new laws for IP proposed
Hollywood Docket: Obama Administration Proposes Tough New IP Laws
Obama “IP czar” wants felony charges for illegal Web streaming

The White House IP Enforcement Coordinator, Victoria Espinel, has published 20 legislative recommendations to Congress. Some of the relevant recommendations include:

1. Making infringement by streaming, or by means of other similar new technology, a felony. Currently, “reproducing” and “distributing” copyrighted works are felony charges but streaming, which seems more like a “public performance” is not a felony. This legislative change would impose felony charges on streaming pirated works.

2. Giving wiretap authority to the FBI and other federal agencies for intellectual property crimes, particularly criminal copyright and trademark cases.

3. Creating a public performance right for sound recordings transmitted by over-the-air broadcast stations. Currently, radio stations pay songwriters for the music they play but don’t have to pay the bands who recorded the material.

Rights of privacy and publicity

Mich. high court sides with Dr. Dre in spat over concert footage
http://www.firstamendmentcenter.org/news.aspx?id=24008
Bowens v. Ary, Inc. Mi. Supreme Court

SC: 140296 COA: 282711 Wayne CC: 02-233251-CZ
No expectation of privacy when public official is executing the duties of his office.

Reality Show did not violate right of publicity of arrestee.
Best v. Berard http://www.lexology.com/library/detail.aspx?g=e28f0e79-6c37-4d0d-b9ce-d3d908b5586a
Decision: http://tinyurl.com/475bbbb

A state agency’s decision to award $1500 each to 23 black moviegoers at “Tyler Perry’s Why Did I Get Married?” is reversed.
http://www.hollywoodreporter.com/blogs/thr-esq/appeals-court-hushing-black-theatergoers-163303
Copyright and other cases

Cariou v. Prince (Art Litigation)
http://www.scribd.com/doc/51214313/Cariou-v-Richard-Prince
http://nysbar.com/blogs/EASL/2011/03/fair_use_decision.html
http://copyrightlitigation.blogspot.com/2011/03/art-litigation-artist-richard-prince.html

In this case, photographer Patrick Cariou claimed that “appropriation” artist Richard Prince infringed Cariou’s copyrighted photographs of Rastafarians in a series of collages and paintings created by Prince and sold by his art dealer (and co-defendant) the Gagosian Gallery. Court finds AGAINST fair use.

Betty Boop (*Fleischer v. A.V.E.L.A.)
Fleischer Studios, Inc. v. A.V.E.L.A., Inc.
Fleischer Studios v. A.V.E.L.A. (Betty Boop case) (A.V.E.L.A = Art & Vintage En tertainment Licensing Agency)
Lexology: http://tinyurl.com/6hy9af2

SUMMARY:
Fleischer studios (merchandise licensor of Boop for use in toys, dolls, etc.) brought action against A.V.E.L.A. (competitor, licenses and uses Boop image on dolls, t-shirts and handbags) alleging copyright and TM infringement in the “Betty Boop” character. A.V.E.L.A. moved for summary judgment (granted). Fleischer appealed district court’s ruling that Fleischer held neither a valid copyright nor a valid TM in the Betty Boop character. Ninth Circuit affirmed.
Can Warner Bros. Stop Others From Using ‘Wizard of Oz’ Characters?
http://www.hollywoodreporter.com/blogs/thr-esq/can-warner-bros-stop-others-162446

Bath & Body Works v. Summit – dispute over “Twilight” line of toiletries
http://www.hollywoodreporter.com/thr-esq/bath-body-works-sues-summit-166019

No Doubt you can sue!
No Doubt v. Activision (No Doubt sues over use of likeness in Band Hero)
Lexology: http://tinyurl.com/6afzxzp
Westlaw: http://tinyurl.com/6yrkbj8

Levi Strauss & Co. v. Abercrombie & Fitch Trading Co.

http://www.lexology.com/library/detail.aspx?g=be1f96e9-1123-426f-a180-7d3c818c539e&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2011-03-14&utm_term=

This case involves trademark ownership of the stitch design on the back pocket of blue jeans. Specifically, Levi believes that the stitch used on the back pocket for Abercrombie &Fitch blue jeans is too close in design to the stitch used on Levi’s blue jeans.

Limewire damages
http://www.slyck.com/news.php?story=2157
Damages order: http://amlawdaily.typepad.com/limewiredamagesorder.pdf

If you like what we do here each time, please do us two favors. Give us a review in the iTunes store, and tell your friends and colleagues about the show.

DON’T FORGET YOUR CLE CREDIT.

Jonathan Handel: WGA Ballots on the Way (huffingtonpost.com)
Will Golan v. Holder affect the Google Books settlement? (radar.oreilly.com)
Copyright 2.0 Show – Episode 189 (plagiarismtoday.com)
Copyright Take-Backs? Supreme Court Grants Cert in Golan v. Holder (ericgoldman.org)

Entertainment Law Update Podcast

Episode 28 – Political Campaigns, combat helicopters and Batmobiles.

Call us with your feedback: (310) 243-6231

Show Notes

NEWT GINGRICH CAMPAIGN’S MUSIC COPYRIGHT ISSUES

CANADIAN COPYRIGHT LAW APPROACH TO SIMILAR SCENARIO

MITT ROMNEY/NBC

Megaupload Drops Lawsuit Against Universal Music Group

GOLAN V. HOLDER – SUPREME COURT RULING

EA Invokes First Amendment For Video Games

Velvet Underground Sues Andy Warhol Foundation Over Famous Banana Album Cover

UK Judge Orders Accused Copyright Pirate Extradited to US

Just How Egregiously Must a Trademark Plaintiff Act Before a Court Awards Attorneys’ Fees to the Defendant?–1-800 Contacts v. Lens.com

Kim Kardashian v. The Gap:

Batmobile Design IS protectable by copyright. Not a “Useful Article”

Episode 27 – Top 10 Stories of 2011

Call us with your feedback: (310) 243-6231

Show Notes

NEW CASES

TOP 10 STORIES OF 2011

Episode 26 – Attack of the Little Trees!

Call us with your feedback: (310) 243-6231

Show Notes

Guest:

PENDING LEGISLATION

FOLLOW – UPS

CASES TO WATCH

NEW FILINGS TO WATCH OUT FOR

Episode 025 – What’s with all the Zombies?

Call us with your feedback: (310) 243-6231

Show Notes

FOLLOW – UPS

Episode 024 – Wronghaven, Immaterial Girls & Noodle Bowls

Call us with your feedback: (310) 243-6231

Show Notes

Ninth Circuit adopts lower court’s use of its own “blades of chaos” to filter out the unprotectable elements of a plaintiff’s copyright infringement claim

Quick-Takes

New Filings

ELU Episode 023 – Monkeying Around with Copyright Law

Call us with your feedback: (310) 243-6231

Show Notes

Feature Stories

Quick Takes

not legal advice, but a useful tool to document your arguments on the 4 factors….

Episode 22 – Violent Games, (anti) Slapps and other painless fun

Call us with your feedback: (310) 243-6231

Show Notes

Episode 21 – Tough Cookies and Heart Attacks

Call us with your feedback: (310) 243-6231

Show Notes

Follow Ups

Legislation and Regulatory

Rulings & Opinions

Related articles

Entertainment Law Update Episode 20 – Tattoos and Topiaries

Call us with your feedback: (310) 243-6231

Show Notes

Bratz

9th Circuit rules contract and breach of confidence claims NOT pre-empted by Copyright law

Moral Rights in your backyard?

A&E loses appeal of idea theft claim

Thanks

DON’T FORGET YOUR CLE CREDIT.

Episode 019 – Boop Boop Be Doo!

Call us with your feedback: (310) 243-6231

Show Notes

Levi Strauss & Co. v. Abercrombie & Fitch Trading Co.

DON’T FORGET YOUR CLE CREDIT.

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