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UPDATE: BOSTON’S Founder and a Former Bandmate Still Seek Peace of Mind

We have written previously about Scholz v. Goudreau, No. 13-CV-10951 (D. Mass.); the case recently went to trial on the parties’ surviving claims, and they are now immersed in post-trial briefing....more

Food Fight: America’s Test Kitchen v. Chris Kimball

If, like me, you’re a fan of PBS and its soothing, soft-focus, food-related shows (ahem, Great British Bake-off), you were probably devastated when you heard that longtime host Chris Kimball, was leaving America’s Test...more

Some Like It Infringed? Monroe Estate Continues Intellectual Property Battles Despite Lack of Publicity Rights

by Knobbe Martens on

On Wednesday, November 9, 2016 the estate of Marilyn Monroe filed a complaint in the Southern District of New York against Fashion Central. The Monroe Estate claims that Fashion Central infringes its intellectual property...more

qech wej QaD trademark nIH (Trademarks Don’t Protect Ideas)

Lucas Film Limited has sued Michael Brown and his Light Saber Academy for trademark infringement, unfair competition, dilution, cybersquatting, state unfair competition, and dilution, arising from Mr. Brown’s running an...more

“The Man Who Brought the Beatles to America” is Bringing Them Back…to a U.S. District Court

by Dorsey & Whitney LLP on

Sid Bernstein was a legendary promoter and producer of iconic rock-and-roll performers including the Rolling Stones, the Moody Blues and, of course, the Beatles. Bernstein earned his moniker as “The Man Who Brought the...more

Making Sense of the Peter Doig Trial and the Authentication Fallout

by Sullivan & Worcester on

As was reported in detail by the New York Times and others earlier this week, artist Peter Doig prevailed in what most agree was the strangest art related trial in many years. In a nutshell, Doig was accused by a former...more

Second Circuit Tosses Out Time-Barred Copyright Claims Against Jay Z

Last month, the Second Circuit Court of Appeals affirmed a New York judge’s decision to dismiss federal copyright and state tort law claims alleged against the hip-hop icon, Jay Z, and his affiliated companies. Mahan v. ROC...more

The Gloves Are Off: Competing Biopics Battle For Hollywood Purse

Hollywood’s heavy-hitters often enter the ring over unauthorized biographies. Elizabeth Taylor famously invoked her rights of publicity and privacy in an attempt to shut down an unofficial docudrama about her life; Clint...more

Atlanta Rapper Rich Homie Quan Seeks Cancellation or Transfer of Trademarks and Over $2,000,000 in Damages

Think It's A Game Entertainment, LLC ("TIG"), an Atlanta-based production company, Fly Merchandise Enterprises, LLC ("Fly"), and Girvan Henry ("Henry"), have left Atlanta rapper Rich Homie Quan feeling "some type of way."...more

State Law Claims Suffer “Awfully Big Adventure”: New York Court Finds Federal Copyright Preemption in Dispute over Peter Pan...

On June 8, 2015, the New York County Supreme Court dismissed with prejudice eight of twelve state law claims brought by a producer seeking damages for the purportedly unauthorized use of his music in a world-wide production...more

Connecticut Court Possesses Personal Jurisdiction Over “Demonologist” Publisher

In the District of Connecticut, an out of state publisher with no alleged direct contacts with Connecticut recently lost its bid to have a case against it dismissed for lack of personal jurisdiction. Gerald Brittle sued...more

Holy Overreach, Batman! Fictional Software Trademark Row Rejected by Supreme Court

When Fortres Grand Corporation saw sales of its software program drop, it blamed – wait for it – Batman. Fortres’ software, called “Clean Slate,” erases user changes to public computers upon reboot, thus returning the...more

Copyright Alert: Fox v Dish Summary Judgment Rulings

by Fenwick & West LLP on

Mixed Outcomes on Copyright and Contract Issues Re: Volition, Time- and Space-Shifting, Intermediate Copying and Commercials-Skipping - In a complex opinion addressing intermingled copyright and contract issues, a...more

Running Interference: S.D.N.Y. Lays Out Standards for Tortious Interference in Dispute Between Watchmaker and Former Employees

The U.S. District Court for the Southern District of New York recently cleared the way for a Michigan watchmaker to pursue claims for trade secret misappropriation, among other things, against two former employees who left to...more

Gucci / Guess – The Italian Appeal: Gucci’s half victory against Guess on the ground of unfair competition

by DLA Piper on

The Milan Court of Appeal has overturned the first instance decision and partially upheld Gucci’s claims, stating that Guess has committed an act of unfair competition, by parasitically copying a number of products of the...more

Legally Compliant Online Promotions - Doing Online Promotions Without Getting Sued

by Gray Reed & McGraw on

In This Presentation: - User Generated Content ..What, Me Worry? What could go wrong with UGC? - The Communications Decency Act ..Section 230 - The DMCA ..Safe Harbor - Sweepstakes, Contests and...more

Business Litigation Report -- November 2013

In This Issue - Main Article: ..World Class: The International Proliferation of Class Actions Noted With Interest: ..Inequitable Conduct After Therasense: Calling a Knave a Knave Practice Area...more

Advertising Injury Coverage and Fashion Designs

by Riveles Wahab LLP on

Modern businesses today consider their intellectual property as one of their most valuable assets. This is certainly the case for the fashion industry, where brands rely heavily upon trademark laws in the absence of a more...more

SST Records, Inc. (Ginn) v. Henry Rollins [Black Flag trademark case]

Complaint for Trademark Infringement and related claims

by Ian Imrich on

See, Black Flag's Greg Ginn Loses Injunction Against Keith Morris' FLAG Meanwhile, court determines that Henry Rollins never quit the band. ...more

IP Update, Vol. 16, No. 3, March 2013

by McDermott Will & Emery on

In This Issue: Supreme Court - Supreme Court Finds That “First Sale” Doctrine Applies to Works Patents - Joint Actors as It Relates to Method Claim Infringement; Federal Circuit Ruling Clears Way...more

Trademark Essentials

by Matthew Blair on

Trademark Essentials, Registration, TEAS, Trademark infringement, incontestability....more

YouTube Not Required to Remove “Innocence of Muslims” Video in Response to Actress’s Takedown Notice

Last week a California federal judge declined to enter a preliminary injunction sought by actress Cindy Lee Garcia, which would have required YouTube to remove the 14-minute anti-Islamic film “Innocence of Muslims” that has...more

Ochre LLC v. Rockwell Architecture, Planning and Design, P.C. et al.

Brief in Opposition to Motion by Defendant Project Dynamics to Dismiss for Failure to State a Claim

by Ronald Coleman on

Ochre designed the iconic and much-sought-after "Arctic Pear" line of lighting fixtures. Its lawsuit seeks relief from companies involved in the design and construction of a hotel in Las Vegas that made slavish copies of the...more

Ochre LLC v. Rockwell Architecture, Planning and Design, P.C. et al.

Brief in Opposition to Motion to Dismiss for Failure to State a Claim

by Ronald Coleman on

Ochre designed the iconic and much-sought-after "Arctic Pear" line of lighting fixtures. This lawsuit seeks relief from companies involved in the design and construction of a hotel in Las Vegas that made slavish copies of the...more

The Legal Canvas - Summer 2012

In This Issue: - Dealing in Hidden Risk: Agency and Fiduciary Liability in the Dealer-Seller Relationship 3 - Censorship: Silencing Art 7 - Quick Update - Consigned Art and Bankruptcy 11 - Thinking About...more

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