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Plot Thickens for Screenplay Infringement Cases

INTRODUCTION - For more than three decades no type of lawsuit has been more likely to fail than those asserting that the latest hit movie or television series infringes the copyright in a screenplay or other literary...more

Appellate Court Notes

SC19151, SC19158 - Weiss v. Smulders - Plaintiff sued the defendant claiming it violated an oral agreement to form a new company by merging their existing companies as a joint venture to sell food products. After a...more

Plaintiffs Get “Caught Up” in Dismissal of Copyright Lawsuit

These are his “Confessions!” Usher has emerged victorious in a copyright lawsuit involving the song “Caught Up.” In Edwards et al. v. Raymond et al., Plaintiffs Zacharia Edwards, Mitch Moses, and Vince McClean alleged that...more

Gold Glove Productions, LLC v. Handfield - USDC C.D. California, February 24, 2014

Gold Glove Productions, LLC v. Handfield - USDC C.D. California, February 24, 2014 - In Depth - District court grants summary judgment to defendant film company on issue of substantial similarity, finding...more

Different pay for unequal jobs ‘ok’

The Equal Pay Act of 1963 (EPA) prohibits sex-based discrimination in pay and benefits. Employers should not pay different wages to employees of the opposite sex for substantially equal work. “Substantially equal” work does...more

Design Patent Case Digest: Keurig, Inc. v. JBR, Inc.

Decision Date: May 24, 2013 - Court: D. Massachusetts - Patents: D502,362 - Holding: Defendant’s motion for summary judgment of non-infringement GRANTED - Opinion: Plaintiff Keurig, Inc. sued JBR,...more

Update on Post-Grant Design Patent Challenges

Since our last article on the topic of design patent reexaminations (see “All or Nothing Design Patent Reexaminations: On the Rise,” June 8, 2010), design patents are more popular than ever. Interest in design patents...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - May 10, 2013

Dunn v. DreamWorks Animation SKG, Inc., California Court of Appeal, April 30, 2013 (unpublished opinion) - California Court of Appeal affirms judgment in favor of defendant DreamWorks Animation on plaintiff’s breach of...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- February 22, 2013

In This Issue: - Hallford v. Fox Entertainment Group: District court grants defendants’ motion to dismiss plaintiff’s copyright infringement claim, finding that defendants’ television show Touch is not substantially...more

February 2013: Entertainment Litigation Update

Second Circuit Steers Away from Strict Copyright Protection in the Photography Arena. According to well-known photographer Janine Gordon, rival photographer Ryan McGinley copied more than 150 of Ms. Gordon’s contemporary...more

Who Owns Cute Girls in Pink Coats on Daddy’s Shoulders?

The Beatles crossing Abbey Road. A nurse and sailor kissing in Times Square as the end of World War II is announced. An African vulture patiently waiting for a starving toddler to die. The 1968 Olympics Black Power salute....more

Thin Copyrights - Protected But Not Infringed

Some appellate decisions are worth examining because they plow new ground. Others serve to explain the ground that was plowed. This decision – dealing with substantial similarity (or lack thereof) between two sets of stick...more

Dissecting Mr. Rockefeller: First Circuit Rejects Copyright Infringement Claim Based on Unoriginal Elements of News Photograph

Clark Rockefeller, aka Christian Karl Gerhartsreiter, lived a double life until his conviction for child abduction in 2009. He was subsequently charged with an unrelated murder in California, and that trial is set to begin...more

Speaking Of . . . Copyrights | Did Avatar Rip Off Bats And Butterflies? California Court Says No.

Misunderstood heroes. Space travel. Alien worlds. Humanoids. Greed. Imperialism. Violence. Exploitation. Intercultural war. Redemption. And Copyright Infringement? Everyone’s seen the movie Avatar. How many...more

Non-Probationary Employee Not Proper Comparator For Probationary Employee, Third Circuit Holds

In Mercado v. Donahoe, No. 11-2972, 2012 U.S. App. LEXIS 13226, (3rd Cir. June 26, 2012), the plaintiff, a probationary part-time employee, sued his employer alleging that he had been discriminated against on the basis of his...more

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