Beastie Boys Sue; Law Prof's 'Head Spins'
Stealth Lawyer: Shonali Bhowmik, Indie Rock Musician
Following jury verdict on Lanham Act claim in favor of entity owned by Bob Marley’s children, Ninth Circuit affirms denial of defendants’ motion for judgment as matter of law, finding that trial evidence supported jury’s...more
What do you get when you take one shark costume, add a confused backup dancer, throw in Katy Perry and the Super Bowl halftime show and top it off with a satirical artist with a 3D printer? First the backstory....more
The year 2014 saw some important developments in the area of intellectual property law. A number of intellectual property-related issues even made national headlines.
Who can forget the public debate over the rightful...more
January 2015’s strategic movement in the digital media business already seems like a full year squeezed into one month. In this edition of our MDM newsletter, we walk you through some of those major developments that set the...more
Famous country-music-turned-pop-star Taylor Swift made headlines recently when she filed a slew of trademark applications with the United States Patent and Trademark Office for various lyrics from her latest album, entitled...more
Had enough of Taylor Swift yet? For those of you who hate to love her, you might consider Swiftamine, because she is not going anywhere anytime soon. If anything, her media foot print continues to grow. And while one...more
Sam Smith, the 22 year old British singing sensation, swept the Grammy Awards Sunday night, winning best new artist, record of the year, best vocal album, and song of the year. With four acceptance speeches Sam had ample...more
The Beastie Boys can look back on 2014 as a year of good copyright outcomes. The preceding years had seen their music used without authorization in two promotional videos, by Goldieblox and Monster Energy, despite the...more
Last summer, the Beastie Boys won a $1.7 million judgment against Monster Energy Drink for the unauthorized use of their music in a promotional video. The judgment included statutory damages and penalties, and I thought was a...more
Welcome to MDM Newsletter #5—and to an entirely new year of Digital Media machinations. What better way to start the year than first recapping the last one—then predicting major themes for 2015—and then ending things up with...more
Three UK music industry organisations, the Musician’s Union, the British Academy of Songwriters, Composers and Authors, and UK Music, have recently launched a legal action seeking leave to apply for judicial review of the...more
BRAND REPUTATION -
Global: How to protect brand reputation and sales from the risks associated with a product recall - The power of regulatory authorities to order product recalls is growing, meaning that it is more...more
The UK Government is facing a Judicial Review challenge over a failure to include compensation provisions in the recently introduced private copying exception to Copyright....more
In a novel lawsuit that tests the bounds of service provider liability, two music publishers brought suit against an ISP for contributory copyright infringement for allegedly facilitating infringement by failing to terminate...more
Cutting of the Cable Bundle, NOT the Cord—Welcome to “The Great Unbundling” -
2014 is a transformative year for the media business. We will look back several years from now and fully realize this.
Years before I was a lawyer, I saw Vanilla Ice on The Tonight Show. Jay Leno asked whether his song, Ice Ice Baby (listen to seconds 8-24) sounds like David Bowie’s Under Pressure (listen to seconds 9-20). I’ve not seen a...more
Elgin Baylor Lumpkin (the performing artist better known as “Ginuwine”) is being sued by his former manager. For those familiar with the R&B star, one could make the (terrible) pun that he is being asked to “Pony” up dough...more
A SURVEY OF PRIVACY, COPYRIGHT, AND TRADEMARK ISSUES -
Today, even Elvis has a Facebook page, Instagram2 and Google+ accounts, a Twitter handle, a Pinterest board, and a mobile app. The Internet and the mobile...more
In the same way that Rock and Roll will never die (according to Neil Young) it would appear that battles over the protection of trade dress embodied in the shape of guitars will likewise never die. In the latest installment...more
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
The British Board of Film Classification (BBFC) has been certifying theatrical films since 1912 (though in actual fact the ultimate power over a film’s classification in any particular cinema lies with the local authority who...more
Any child familiar with Aesop’s Fables can tell you that turtles are slow. The founding members of the 1960s rock band named after these half-shelled plodders, however, were anything but slow in moving to take full advantage...more
Debate over the most influential band from the 1960s will generally include names like the Beatles, the Rolling Stones, and Led Zeppelin, but a lesser-known act from one of music’s greatest eras, the Turtles, may have just...more
The two founding members of the Turtles just prevailed in a lawsuit against SiriusXM sure to rock the music industry and, perhaps, take a lot of music out of circulation....more
Co-Existence Outside of the U.S. Might be Relevant to Obtaining a Permanent Injunction in U.S.
La Quinta has operated LA QUINTA hotels and motels in the United States since 1968.
Quinta Real operates QUINTA...more
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