Introduction - general overview -
Joe Hand Promotions, Inc. is a company that holds exclusive rights to distribute pay-per-view (PPV) sporting events, such as boxing and mixed martial arts (MMA) matches, to commercial...more
I saw this question online and decided to answer it here on my blog. It raises some very interesting and timely questions about the scope and reach of copyright law in our modern age.
Many people want to know, is police...more
5/14/2024
/ Artificial Intelligence ,
Authorship ,
Body Worn Cameras ,
Copyright ,
Copyright Office ,
Derivative Works ,
Digital Media ,
DMCA ,
Fair Use ,
FOIA ,
Intellectual Property Protection ,
Law Enforcement ,
Police ,
Police Dash-Cameras ,
Public Domain ,
State and Local Government ,
Technology ,
Transformative Use ,
USPTO ,
YouTube
Vondran Legal® News: We have recently filed suit in the Los Angeles Superior Court against the South Coast Botanic Garden Foundation. Amazingly, they used photographs of two Defendants (who are working professionals who...more
4/26/2024
/ Advertising ,
California ,
Cause of Action Accrual ,
Civil Code ,
Consent ,
Copyright ,
Damages ,
Disgorgement ,
Intellectual Property Protection ,
Invasion of Privacy ,
Loss of Goodwill ,
Marketing ,
Misappropriation ,
Name and Likeness ,
Punitive Damages ,
Reputational Injury ,
Right of Publicity
Generally, an attorney can issue subpoenas. However, when you seek to serve an Internet Service Provider ("ISP) to find out the name and address of the subscriber (who may be an infringer of your IP), the Cable Privacy Act...more
4/9/2024
/ Communications Act of 1934 ,
Compliance ,
Copyright ,
Disclosure Requirements ,
Infringement ,
Internet Service Providers (ISPs) ,
Patents ,
Personally Identifiable Information ,
Popular ,
Privacy Laws ,
Reasonable Expectation of Privacy ,
Subpoenas ,
Subscribers ,
Trade Secrets ,
Trademarks
INTRODUCTION: WHAT IS THE SAFESPORTS ACT?
The SafeSports Act is a piece of legislation introduced in the United States Congress that aims to protect children and young athletes from abuse and misconduct in sports....more
4/4/2024
/ Aiding and Abetting ,
Arbitrators ,
Background Checks ,
Child Abuse ,
Criminal Prosecution ,
Discretionary Functions ,
Employee Training ,
Hazing ,
Hostile Environment ,
Investigations ,
Jurisdiction ,
Probation ,
Professional Misconduct ,
Proposed Legislation ,
Sanctions ,
Sexual Abuse ,
Sexual Harassment ,
Sports ,
Written Notice
Maintaining your anonymous status when you are a John Doe defendant in a strike 3 holding porn litigation just got a bit trickier, at least in the 3rd Circuit. In this jurisdiction, a defendant may have to prove to the...more
4/4/2024
/ Anonymity ,
BitTorrent ,
Copyright ,
Copyright Infringement ,
Documentation ,
File Sharing ,
Internet Service Providers (ISPs) ,
Jurisdiction ,
Pornography ,
Protective Orders ,
Reputational Injury ,
Sealed Records
A.R.S. 12-341.01 TEXT OF THE LAW -
A. In any contested action arising out of a contract, express or implied, the court may award the successful party reasonable attorney fees. If a written settlement offer is rejected and...more
...Financial Elder Abuse Cases in California in the Real Estate context -
This blog provides general legal information regarding the topic of financial elder abuse in California, with a focus on cases involving real estate...more
2/21/2024
/ Appeals ,
California ,
Damages ,
Elder Abuse ,
Financial Abuse ,
Fraud ,
Non-Judicial Foreclosures ,
Popular ,
Real Estate Transactions ,
Statute of Limitations ,
Theft ,
Undue Influence Claims
This blog is written by Arizona copyright lawyer Steve Vondran. Vondran Legal has handled hundreds of federal court litigation cases since its founding in 2004. One important area we practice is restaurant IP law, which...more
2/19/2024
/ Arizona ,
Attorney's Fees ,
BMI ,
Broadcasting ,
Cease and Desist Orders ,
Compensation ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Damages ,
Intellectual Property Protection ,
Joinder ,
Legal Costs ,
Licensing Rules ,
Music Industry ,
Royalties ,
The Copyright Act
Viral DRM is a content creator specializing in weather videos. Their content is attractive to many people who love to watch storm and weather videos. Recently, Viral DRM has been on a rampage filing lawsuits in California...more
2/12/2024
/ Advertising ,
California ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Management Information (CMI) ,
DMCA ,
Due Process ,
Exclusive Licenses ,
False Statements ,
Intellectual Property Litigation ,
Intellectual Property Protection ,
Jurisdiction ,
Licenses ,
Misleading Statements ,
Misrepresentation ,
Patent-Eligible Subject Matter ,
Popular ,
The Copyright Act
With the advent of AI technology capable of replicating a person's voice and utilizing it for commercial purposes, several key legal issues are likely to emerge under California's right of publicity law. The right of...more
1/22/2024
/ Advertising ,
Artificial Intelligence ,
Authorship ,
Civil Code ,
Copyright ,
Damages ,
Deep Fake ,
False Designation of Origin ,
False Endorsements ,
Intellectual Property Protection ,
Lanham Act ,
Machine Learning ,
Name and Likeness ,
Popular ,
Right of Publicity ,
Trademarks
Thanks to new legislation, student-athletes may now legally profit through the use of their name, image and likeness marketing and promotions efforts. If you have a strong social media following on sites like Instagram,...more
1/17/2024
/ Arizona ,
Cause of Action Accrual ,
Code of Conduct ,
College Athletes ,
Compensation ,
Conflicts of Interest ,
Endorsements ,
Influencers ,
Intellectual Property Protection ,
Marketing ,
Name and Likeness ,
NCAA ,
New Legislation ,
Penalties ,
Social Media ,
Student Athletes
"We provide security and performance for millions of Internet properties and offer great functionality such as SSL and content distribution to every website on our network. Our services run silently in the background, keeping...more
1/3/2024
/ Anti-Piracy ,
Cloud Service Providers (CSPs) ,
Copyright Infringement ,
Data Protection ,
DMCA ,
Infringement ,
Internet Service Providers (ISPs) ,
Jurisdiction ,
Popular ,
Subpoenas ,
Websites
Mickey Mouse is one of the most prolific cartoon characters of all time. Walt Disney incorporated in 1923 and first aired a video of Mickey Mouse (which I shall refer to as Mickey Mouse 1.0) in the short cartoon "Steamboat...more
According to their website they are an IP enforcement law firm that helps artists protect their content. We know them from pursuing many copyright infringement cases dealing with all kinds of photograpy. They list offices...more
12/12/2023
/ Artists ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Office ,
Damages ,
Enforcement ,
Fair Use ,
Intellectual Property Protection ,
Licenses ,
Photographs ,
Public Domain ,
Settlement ,
Work-For-Hire ,
Written Agreements
Having handled nearly a 1,000 software compliance audits with copyright clients large and small, I am setting forth my findings of the best to the worst companies, in my opinion, in terms of fairness, undue aggressiveness,...more
12/5/2023
/ Anti-Piracy ,
Audits ,
Blockchain ,
Compliance ,
Copyright ,
Copyright Infringement ,
Enforcement ,
Ethereum ,
EULA ,
Intellectual Property Protection ,
Licensing Rules ,
Piracy ,
Software
In every court case, a Plaintiff is required to establish that they are the "real party in interest" that suffered a "discrete and concrete injury." In a copyright case, this can get complicated with all the photo agency...more
11/30/2023
/ Beneficial Owner ,
Communications Act of 1934 ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Ownership ,
Copyright Registration ,
Joinder ,
Licenses ,
Motion to Dismiss ,
Non-Exclusive License Agreements ,
Sony ,
Standing ,
The Copyright Act ,
Transfer of Rights ,
Written Agreements
In business, trademarks are everything. It's how consumers come to know, love and trust your brand. It's a valuable corporate asset, and many disputes can arise of name rights with the explosion of e-commerce and the...more
11/16/2023
/ Abandonment ,
Corporate Branding ,
E-Commerce ,
Fraud ,
Generic Marks ,
Lanham Act ,
Misrepresentation ,
Trade Dress ,
Trademark Act ,
Trademark Application ,
Trademark Cancellation ,
Trademark Litigation ,
Trademark Trial and Appeal Board ,
Trademarks ,
USPTO
In an interesting case from New York Federal court, a judge denied a motion to dismiss by Defendant Red Points (an anti-piracy protection company) for submitting a take down alleging the sale of counterfeit products by the...more
10/5/2023
/ Advertising ,
Amazon ,
Anti-Piracy ,
Counterfeiting ,
Defamation ,
DMCA ,
E-Commerce ,
eBay ,
Infringement ,
Intellectual Property Litigation ,
Lanham Act ,
Media ,
Mobile Apps ,
Motion to Dismiss ,
Negligence ,
Publishers ,
Social Media ,
Software ,
Takedown Notices ,
Unfair or Deceptive Trade Practices ,
Video Games
What is the difference between a traditional trademark and trade dress protection?
Traditional Trademarks -
According to the USPTO - A trademark can be any word, phrase, symbol, design, or a combination of these things...more
9/29/2023
/ Advertising ,
Apple ,
Attorney's Fees ,
Christian Louboutin ,
Coca Cola ,
Dilution ,
Disgorgement ,
Hersheys ,
Inherently Distinctive ,
Injunctions ,
Intellectual Property Protection ,
iPhone ,
Labeling ,
Litigation Fees & Costs ,
Marketing ,
Patent Ownership ,
Product Packaging ,
Royalties ,
Service Marks ,
Tiffany and Company ,
Trade Dress ,
Trademark Infringement ,
Trademark Renewal Applications ,
Trademarks ,
Treble Damages ,
USPTO ,
Utility Patents
As a YouTube creator myself (check out my popular legal information channel here), I have recently come to post "short" videos. These are videos under one minute, where I usually post them as a "teaser" and post a link to...more
9/8/2023
/ Audio Recording ,
Content Marketing ,
Content Strategy ,
Copyright ,
Copyright Infringement ,
Licensing Rights ,
Marketing ,
Online Videos ,
Third-Party ,
User-Generated Content ,
YouTube
Things That Can Be Subject to Copyright Protection (Original Works of Authorship, Fixed in a Tangible Medium of Expression).
Photograph -
Images -
Illustrations -
Paintings...more
8/15/2023
/ Andy Warhol Foundation for the Visual Arts Inc v Goldsmith ,
Appeals ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Copyright Management Information (CMI) ,
Damages ,
Fair Use ,
Fine Art ,
Intellectual Property Protection ,
Penalties ,
Photographs ,
Prince ,
SCOTUS ,
The Copyright Act ,
Transformative Use
Your products and product designs are the life blood of your business. However, many companies don’t think about protecting their creative product designs, and product packaging with intellectual property registrations. This...more
There are many different types of Copyright plaintiffs who sue for unlawful and unlicensed use of their copyright-registered content. For example, our firm has dealt with the following types of copyright defense brought by...more
Strike 3 Holding, LLC is a prolific filer of federal copyright infringement actions. They have filed thousands of lawsuits across the United States in states like Illinois, Pennsylvania, New Jersey, New York, Florida, Texas...more
7/11/2023
/ BitTorrent ,
Confidential Information ,
Copyright Infringement ,
Due Diligence ,
File Sharing ,
Intellectual Property Protection ,
Internet Service Providers (ISPs) ,
Popular ,
Pornography ,
Research and Development ,
Settlement ,
Subpoenas ,
Trade Secrets ,
Waivers