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Category Archives: Copyrights

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Silicon Valley x Fashion District = Blurred Lines

Posted in Advertising, Agreements, Branding, Copyrights, Fashion, Infringement, Marketing, Patents, Product Configurations, Technology, Trademarks

Growing up in the 80s, it’s amazing how both fashion and technology have evolved since Scrunchies and Commodore 64s – although a quite separate evolution. I can’t recall a fashionable pager (really, go try to find one), or a chic mp3 player (I had an Archos Jukebox, look at that brick). That all changed once Apple… Continue Reading

Copyright Watch: Suit over the NCIS Bert the Far***g Hippo

Posted in Copyrights, Infringement, Mixed Bag of Nuts, Television

I can’t even say the word!  Don’t worry, I’ll have to eventually.  Let’s just say the folks at CBS are likely pretty steamed up over getting hauled into court on a smelly copyright suit involving a noisy character from its popular NCIS show. The California designer, developer, and manufacturer of the original “Bert the Farting… Continue Reading

The C-word and IP Rights

Posted in Almost Advice, Copyrights, Counterfeits, International, Loss of Rights, Patents, SoapBox, Trademarks

No, not that c-word. The protection and enforcement of intellectual property rights involves a plethora of c-words:  copying, counterfeit, copyright, cease-and-desist, CIPO (the Canadian IP Office).   But the one I am referring to today is China. As the world becomes more interconnected and the global economic impact of China has significantly increased, intellectual property… Continue Reading

ED Ads: Humor From Across the Pond

Posted in Advertising, Articles, Copyrights, Fair Use, First Amendment, Goodwill, Infringement, Law Suits, Marketing, Squirrelly Thoughts, Television

On this last day of the month, we are shedding almost all seriousness to stand at attention while examining some recent London taxi cab humor — from the perspective of Lloyds Pharmacy – about treating the affliction of erectile dysfunction (ED) with six pound pills and a healthy dose of laughs: One of the things I learned… Continue Reading

Jesus Christ (World Cup) Superstar?

Posted in Advertising, Copyrights, Marketing, Television

- Derek Allen, Attorney – The World Cup is in full bloom and like anything that involves lots of money and national pride, it’s going to generate its share of lawsuits (or threatened lawsuits). My favorite so far finds the Archdiocese of Rio de Janeiro threatening a copyright suit against Italian broadcaster Rai Italia for daring to put an Italy… Continue Reading

The World Is Not Enough, We Want the Whole Genre

Posted in Copyrights, Fair Use, Idea Protection, Infringement, Law Suits, Television

The James Bond franchise is one of the most well-known and successful movie franchises in history. There are few characters who reappear in 23 full length movies, let alone have the 23rd movie reach the top of the box office charts. The James Bond franchise, however, has obtained a unique status among average viewers and… Continue Reading

Oz The Saying Goes…

Posted in Branding, Copyrights, Dilution, Fair Use, Famous Marks, Goodwill, Loss of Rights, Television, Trademarks, TTAB, USPTO

There’s no place like home. Just be careful where and how you say it. It is common knowledge among lawyers that copyright protection does not normally extend to titles, words, or short phrases. Movies, politicians, and our family and friends constantly quote books, movies, and famous politicians, actors, and others. From a trademark perspective, we see famous quotes… Continue Reading

Is Strict Trademark Enforcement Really Possible Anymore?

Posted in Copyrights, Guest Bloggers, Infringement, Marketing, Mixed Bag of Nuts, Social Media, Trademarks

- John Reinan, Senior Director, Media Relations, Fast Horse That is, assuming it ever was. But as a marketer, I often wonder what advice trademark attorneys offer to their clients on enforcement in the Internet age. Every day, I visit websites that make use of (almost certainly) unauthorized photos, logos, videos, slogans and any kind… Continue Reading

Bungle in the Beer Tapper Jungle?

Posted in Almost Advice, Articles, Branding, Copyrights, Counterfeits, Food, Marketing, Non-Traditional Trademarks, Patents, Product Configurations, Product Packaging, Sight, Trademarks, USPTO

The Sports Bar in the Mirage Resort & Casino, located in Las Vegas, Nevada, is currently sporting a pretty interesting collection of tap beers, from left to right: Bud Light, Goose Island Honker’s Ale, Stella Artois, Heineken, Dos Equis, Pacifico, Shock Top, Newcastle, Samuel Adams, Budweiser, Goose Island Indian Pale Ale, and Michelob Ultra. What really caught… Continue Reading

Could Losing Copyright Protection Be The Key To Ending Stadium Subsidies?

Posted in Articles, Copyrights

- Derek Allen, Attorney – Quentin Tarantino is suing Gawker Media because it leaked his script and Northwestern football players are attempting to unionize in yet another attack on the NCAA  — two stories that would otherwise be right in my wheelhouse — but, it’s Super Bowl week so I’m pretty sure I’m constitutionally required to… Continue Reading

And the Grammy for Most Likely to Receive a DMCA Notice Goes to…

Posted in Audio, Copyrights, Fair Use, First Amendment, Infringement, Social Media

Last Sunday was “Music’s Biggest Night,” at least according to the National Academy of Recording Arts and Sciences (NARAS). I haven’t watched many Grammy Award shows, but the possibility of seeing Paul McCartney and Ringo Starr performing together was enough for me to tune in, at least for a few minutes. I wasn’t paying particularly close… Continue Reading

Copyright Infringement Can Impact Your Brand

Posted in Copyrights, Guest Bloggers, Infringement, Mixed Bag of Nuts, Search Engines, Social Media, Social Networking, Technology

- Debbie Laskey, MBA Have you ever spent hours working on a document for work? That’s a silly question because most of us who recognize Microsoft software and SlideShare have spent countless hours working on executive briefs, lengthy project reports, presentation decks, and much, much more. Normally, we give our work product to our supervisors… Continue Reading

iPhooey?

Posted in Advertising, Articles, Branding, Copyrights, Dilution, Famous Marks, Food, Infringement, Marketing, Trademarks

Apparently iPho by Saigon, a Vietnamese restaurant located in St. Paul, Minnesota, is quite good. The logo design is eye-popping, and dare I say clever, but does it cross one of the many legal intellectual property lines? We can all agree as to the source of the “inspiration” for this visual identity, right? Our little friend… Continue Reading

LogoThief to the Rescue

Posted in Articles, Branding, Copyrights, Dilution, Famous Marks, Infringement, Marketing, Sight, Trademarks

  There is a brand new exposer of potential intellectual property violations on the scene, meet LogoThief: “We exist to name and shame logo thieves and all others who plagiarise the work of logo designers.” Here is what prompted the start of the website just last week: “We started this website because we are sick of… Continue Reading

Copying the Place for Fun in Our Life – the Mall of America

Posted in Copyrights, International, Non-Traditional Trademarks, Trademarks

Once again, a story from China suggests that imitation is the highest form of flattery.  First, it was copying Apple stores.  Now, it’s copying an entire mall – and the most well-known American mall of all at that, the Mall of America.   Well, at least the logo and creative.  The Chinese mall appears to still… Continue Reading

Where Everybody Knows Your Name(s)

Posted in Almost Advice, Branding, Copyrights, Infringement, Marketing, Mixed Bag of Nuts, Social Media, Social Networking, Television, Trademarks

Who would you expect to find sitting at the end of the bar in this recently re-named Minneapolis sports bar, formerly known as Halek’s Bar? What if you were to queue a very familiar tune to these lyrics, would that help? Yeah, I was thinking of these guys too: But, what if these guys have nothing to do with… Continue Reading

“Raging Bull” Copyright Case To Be Heard By Supreme Court

Posted in Copyrights, Idea Protection, Infringement, Law Suits

- Anjali Shankar, Attorney – In 1980, Robert De Niro starred in an Oscar-winning boxing movie, “Raging Bull.” A suit has been brought by Paula Petrella, whose father, Frank P. Petrella, wrote the book and screenplay for the movie. Frank Petrella and his collaborator, boxer Jake LaMotta, assigned the rights to their book and screenplay… Continue Reading

The MPAA and the Midwives, and Other Cautionary Tales

Posted in Copyrights, Fair Use, First Amendment, Infringement, Law Suits, Social Media, Trademark Bullying, Trademarks

As we all know, The Motion Picture Association of America (MPAA) has long taken an active role in the debate regarding the advantages and disadvantages of traditional midwifery and modern medical views regarding childbirth. That’s what Rosemary’s Baby was all about, right? Well, the MPAA filed an amicus brief yet again in a lawsuit between… Continue Reading

If You Want to Go Fast, You Don’t Have Time for Trademark Law.

Posted in Advertising, Branding, Copyrights, Fair Use, First Amendment, Food, Infringement, Marketing, Trademarks

If you’re not first, you’re last. Rick’s Cabaret was the first to open a restaurant with the name Ricky Bobby – but will Sony Pictures have the last laugh? Let’s get the background first. In the movie Talladega Nights, Will Ferrell played Ricky Bobby, a successful race car driver who just “wants to go fast.”… Continue Reading

Could Having a Tattoo Result in a Lawsuit?

Posted in Advertising, Agreements, Copyrights, Fair Use, Infringement

As football season approaches, it is not surprising that star quarterbacks such as San Francisco 49er Colin Kaepernick are making the news. I read an article in Forbes magazine about “Questions Concerning Copyright of Athlete Tattoos has Companies Scrambling.” The impetus for the article was a Yahoo! Fantasy Sports advertisement with him in a tattoo… Continue Reading