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Communications & Media Civil Remedies Intellectual Property

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

Gotta Wanna Needa Getta Hava Injunction

Bojangles International, LLC — originator of the Cajun Filet Biscuit that it promotes with the jingle “GottaWannaNeedaGettaHava” — has sued Hardees for selling a Cajun Chicken Biscuit and using the phrase...more

Global injunctions available against search engines, rules Supreme Court of Canada

by DLA Piper on

The Supreme Court of Canada released a landmark decision on June 28, 2017 in which a broad worldwide injunction was upheld restraining Google from including certain websites in its search results anywhere in the world....more

Procure and Enforce—Canada's Highest Court Hands IP Owners Two Wins in Three Days

by Bennett Jones LLP on

The Supreme Court of Canada has issued two IP decisions in the span of three days—both of which spell victory for IP rights-holders. One case confirms the availability of a novel form of worldwide injunction where a non-party...more

Can’t Say “I Ain’t Mad At Cha” for Copying Me

by Knobbe Martens on

On June 1, 2017, noted music and fashion photographer Danny Clinch filed suit in the Southern District of New York in connection with the use of two photographs of famed rapper Tupac Shukar (“Tupac”) on t-shirts. The...more

Supreme Court of Canada states “The Internet has no borders” in upholding global injunction in search results case

by Smart & Biggar on

The Supreme Court of Canada issued its decision in Google v. Equustek, 2017 SCC 34, today, upholding an injunction requiring a non-party to an infringement action, Google, to remove links to infringing websites from its...more

Court holds that displaying photos requires more than making them available

by Thompson Coburn LLP on

While a donut with no hole may be a Danish, a photograph is not publicly displayed if the public never sees it. And in photography copyright cases, these near metaphysical questions matter....more

Captain Morgan makes Admiral Nelson’s walk the plank

by Smart & Biggar on

Smart & Biggar prevails at trial on behalf of Diageo in trade dress case. On June 12, 2017, the Federal Court issued its 99-page decision in Diageo Canada Inc v Heaven Hill Distilleries Inc et al, 2017 FC 571. The Court...more

Matal v. Tam: Trademark Disparagement Clause Held Unconstitutional

by Shearman & Sterling LLP on

Yesterday, the Supreme Court held in an 8–0 decision that the disparagement clause in the Trademark statute—which prohibits the registration of trademarks that may “disparage . . . or bring . . . into contemp[t] or disrepute”...more

The Top Hits: Fashion Cases with a Big Impact

by Knobbe Martens on

Over the last year, there have been some significant trademark and copyright cases in the fashion industry. Below are summaries of recent cases all brand owners should know and understand. These cases touch on important...more

All infringements aren’t equal

by Thompson Coburn LLP on

Are all copyright infringements created equal? Or should courts distinguish between different levels of intent, significance, and harm? Results in two recent cases suggest that circumstances have significant effects on...more

This RMLC/GMR Fight Is No Joke

Originally published in Radio Ink - January 12, 2017. Most radio stations have received emails in the past several weeks from both the Radio Music License Committee (RMLC) and Global Music Rights (GMR) regarding an...more

Here is How to Fix the UDRP

by Revision Legal on

Recently at Namescon I had the pleasure of watching three of my esteemed colleagues, Nat Cohen of Telepathy, Inc., Jason Schaeffer of Esqwire.com, and Zak Muscovitch of DNAttorney.com, examine three of the most shocking UDRP...more

Intellectual Property Bulletin - Spring 2017

by Fenwick & West LLP on

It’s Dangerous to Go Alone! Take This. Intellectual Property Tips for the Esports Industry - With the annual Game Developers Conference spectacular in our rearview mirror, and the NBA’s partnership with Take-Two to...more

How Does the Supreme Court’s Recent Ruling on Incontinence Products Spill Over into Fashion?

by Knobbe Martens on

On March 21, 2017 the Supreme Court issued a monumental holding removing the availability of laches as a defense in a claim for damages under patent infringement. The case changes decades of legal precedent, and adopts...more

Auction House Accused of Scraping Competitor’s Web Listings

Screen scraping is a problem that has vexed website owners since the early days of e-commerce – how to make valuable content available to users and customers, but prevent competitors from accessing such content for commercial...more

Social Media Showdown II

by Sherman & Howard L.L.C. on

TheBlaze, Inc. and Glenn Beck (collectively “TBI”) have squared off against Tomi Lahren over a Facebook page. As reported earlier, Lahren sued TBI, claiming among other things, that they were blocking her access to social...more

Craigslist Garners $60 Million Judgment against Radpad in Scraping Dispute

For years, craigslist has aggressively used technological and legal methods to prevent unauthorized parties from violating its terms of use by scraping, linking to or accessing user postings for their own commercial purposes....more

Policing the Trademark Playground and Calling Out Bullies

The prevailing defendant in Louis Vuitton v. My Other Bag, LLC (previously blogged about in Louis Vuitton Left Holding the Bag), in a Motion filed on April 7 in the Southern District of New York (Case 1:14-cv-03419-JMF...more

Three Point Shot - April 2017

by Proskauer Rose LLP on

Premier League Takes the Pitch in Fight against Pirated Streams - The United Kingdom's most popular soccer league is using skillful legal tackling to maintain possession of its intellectual property. The Football...more

Yes—Copying Photographs from the Internet Can Get You into Trouble

by Bennett Jones LLP on

Although it happens all the time, reproducing photographs found on the internet for use in business is fraught with risk. Businesses should only copy images where there is clear permission to use them—or face a substantial...more

UDRP: An alternative to traditional litigation

by McAfee & Taft on

Imagine for a moment that after investing time and money in branding and marketing your product or service, someone registers a domain name that matches your trademark. Now imagine that the owner of the domain name will only...more

These Boots Are Made For Walkin’: Trade Dress and the Distinctive Look of a Boot Sole

by Knobbe Martens on

Airwair, the owner of the Dr. Martens brand, recently launched a series of lawsuits in the Northern District of California to enforce the trade dress of its “iconic boots and shoes.” One lawsuit was filed in October against...more

To The Relief of Sergeants Everywhere, Forever 21 Challenges Adidas’ Three Stripe Marks

On March 3, Forever 21, Inc. sued Adidas American, Inc. in the Central District of California (2:17-cv-01752), asking for a declaration that its clothing decorated with stripes does not infringe Adidas’ trademarks, and...more

Federal Court of Appeal upholds interlocutory injunction directed at retailers of set-top boxes loaded with copyright-infringing...

by Smart & Biggar on

As reported previously, the Federal Court issued an interlocutory injunction on June 1, 2016 directed at retailers of set-top boxes that are configured, or “pre-loaded”, with various applications that provide their users with...more

Photographer hits retailer over photo of player hitting Joey Bats

by Thompson Coburn LLP on

One of the best sports photographs in recent history captured a 2016 incident where Texas Rangers’ second baseman Rougned Odor hit Toronto Blue Jay José Bautista in the face. That memorable image is at the center of a new...more

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