Intellectual Property Art, Entertainment & Sports Business Torts

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Flo & Eddie Inc. v. Sirius XM Radio Inc. - U.S.D.C., C.D. California, September 22, 2014

Flo & Eddie Inc. v. Sirius XM Radio Inc. - U.S.D.C., C.D. California, September 22, 2014 : District court grants partial summary judgment in favor of plaintiff on copyright claims against Sirius XM Radio, holding that...more

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

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

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

No Harm Allegations Run "Fowl" for New York Poultrygeist Suit

Simply alleging economic losses suffered in the state where its business was located was insufficient for a producer to bring intellectual-property claims resulting from unlicensed foreign distribution of the spoof-horror...more

Advertising Injury Coverage and Fashion Designs

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

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

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - May 3, 2013

- Cariou v. Prince, USCA Second Circuit, April 25, 2013 - Second Circuit reverses summary judgment in favor of photographer on his infringement claims against well-known appropriation artist Richard Prince, holding...more

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

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

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 28, 2013

In This Issue: - Kirtsaeng v. John Wiley & Sons, Inc., U.S. Supreme Court, March 19, 2013: In a 6-to-3 decision with far-reaching implications, U.S. Supreme Court holds that copyright “first sale” doctrine...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 14, 2013

In This Issue: - Gibson Guitar Corp. v. Viacom International, Inc., USDC C.D. California, March 8, 2013: District court grants Viacom’s motion to dismiss plaintiff’s Lanham Act and related state law claims for...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 7, 2013

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

Trademark Essentials

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

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

Business and Commercial Litigation Newsletter #19 - August 2012

We are pleased to present the nineteenth edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight news concerning the Apple patent infringement trial, the requirements for...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

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

Aesthetic Functionality Still has Legs in the Ninth Circuit

A review of the practical impact of the trademark decision Fleischer Studios, Inc. v. A.V.E.L.A., Inc. ...more

What is "INTELLECTUAL PROPERTY?"

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

10 STEPS TO MAINTAIN YOUR TRADEMARK (SERVICE MARK) - REGISTERED or NOT

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

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - August 17, 2011

Table of Contents: •Doe v. Gangland Productions, Inc., et al. •Goldberg v. Cameron •Mattel, Inc. v. MGA Entertainment, Inc. Doe v. Gangland Productions, Inc., et al., USDC C.D. California, August 1,...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - August 11, 2011

In This Issue: Table of Contents: •Perfect 10, Inc. v. Google, Inc. •Mattel, Inc. v. MGA Entertainment, Inc. •Mattel, Inc. v. MGA Entertainment, Inc. Perfect 10, Inc. v. Google, Inc., USCA Ninth Circuit,...more

Intellectual Property - 2011 Summer Bulletin

In this issue: Knockoffs: Nemesis of the Gaming World; Reigning in the Inequitable Conduct Defense: Federal Circuit’s Therasense Decision Tightens Standards for Establishing Materiality and Intent; Is the Copyright-Troll...more

I HAVE A TRADEMARK, HOW DO I EVICT THE CYBERSQUATTER FROM MY DOMAIN NAME?

The domain name business remains rough-and-tumble. Little consideration goes into the niceties of paying attention to trademark rights. If you have a federally registered trademark and don't already have a corresponding...more

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