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New Happy Birthday Song, Copyright-Free
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Harper Lee only wrote one book in her life, but what a book. Her classic novel “To Kill a Mockingbird,” published in 1960, spins the tale of a small town attorney who tries to stand up against the forces of racial injustice....more
In February, I wrote about a particularly fake-haired boneheaded lawsuit that Donald Trump brought against comedian Bill Maher. As you may recall, Trump accused Maher of breach of contract based on a joke that Maher had made...more
In This Issue: - Wild v. NBC Universal: Ninth Circuit affirms dismissal of copyright infringement claim without leave to amend, finding no substantial similarity between plaintiff’s graphic novel and NBC’s...more
Don Johnson Productions, Inc. v. Rysher Entertainment California Court of Appeal, Second Appellate District Code of Civil Procedure Section 360.5 allows parties to waive the statute of limitations if the parties follow...more
A recent decision in California put a crimp in a rock star impersonator's effort to seek coverage for his liability to the rock star for "trading on his celebrity." In Oglio Entertainment Group, Inc. v. Hartford Casualty...more
A review of the practical impact of the trademark decision Fleischer Studios, Inc. v. A.V.E.L.A., Inc. ...more
If You Are a New Jersey Bar or Restaurant Owner, Think Twice About Illegally Broadcasting That Hot Sporting Event Sports bars and restaurants are abundant these days. It is difficult to find a community without at least...more
A straightforward, concise definition of "intellectual property" and a brief explanation of the four major types of IP. The terms "copyright," "trademark" and "patent" should no longer be confused after reviewing this...more
Los Angeles has had a long and controversial history dealing with billboard issues, most recently brought to light in the Second District Court of Appeal decision in Summit Media v. City of Los Angeles (12/10/12), a case in...more
A TRADEMARK REGISTRATION CAN BE VALID INDEFINITELY PROVIDED THE FOLLOWING TEN (10) STEPS ARE TAKEN: 1 through 8: USE the mark (this cannot be emphasized enough); 9: ENFORCE exclusive rights to the mark; and 10: RENEW...more
The success of the art market depends largely on confidence in the authenticity of artists’ works. Traditionally, a work in an artist’s “catalogue raisonné” has been key to confirming the authenticity, and thus value. To that...more
The case of The Oglio Entertainment Group, Inc. v. Hartford Casualty Ins. Co., 200 Cal. App. 4th 573 (2011), analyzes the distinction between copying an advertising idea and copying a product that is advertised in the context...more
From legal perspective, rescission of a contract is distinguishable from cancellation of a contract. Rescission reverts the contract to the day it had not been signed as if the contract had not been made. In fact, the...more
The Toronto Star is reporting that oral arguments in the appeal of the Turmel v CBC (Dragons' Den) decision are currently underway ("Brantford entrepreneur claims 'Dragons' defamed him"). The Turmel decisions are valuable for...more
Table of Contents • Montz v. Pilgrim Films & Television, Inc. Montz v. Pilgrim Films & Television, Inc., USCA Ninth Circuit, May 4, 2011 • On en banc rehearing, Ninth Circuit vacates earlier decision of...more
Table of Contents • McNamee v. Clemens McNamee v. Clemens, USDC E.D. New York, February 4, 2011 • In defamation action against former baseball player Roger Clemens filed by his former personal trainer, court...more
Interesting Articles And News From Around the Web: 10/11-10/17/2010 Business Litigation News...more
Few attorneys have more experience than Sebastian Gibson in the field of modeling law. If you have a modeling contract that’s been offered to you or if you are already signed with a modeling agency and have a modeling agency...more
On June 10, 2009, the Second Circuit vacated a summary judgment decision that permanently enjoined menswear designer Joseph Abboud from making commercial use of his own name. J.A. Apparel Corp. v. Abboud, No. 08-3181-cv, 2009...more
In deciding whether the unauthorized use of a third party’s name, voice, likeness or persona (collectively, “Image”) violates such third party’s publicity rights, the first level of inquiry is whether the use is properly...more
From _Backstage_ magazine (http://www.backstage.com/bso/news_reviews/unions/article_display.jsp?vnu_content_id=1003552589): "An actor from Toms River, N.J., is suing a major New York casting office and the Screen Actors...more
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