- Ryan Francis, Law Student, William Mitchell Law School vs. Is he alive? Not really, but the Manhattan Second District Court recently referenced the Frankenstein monster in The Football Ass’n Premiere League Ltd. v. YouTube Inc., No. 07 CIV. 3582 LLS, 2013 WL 2096411 (S.D.N.Y. May 15, 2013). In this case, plaintiffs alleged… Continue Reading
Tag Archives: Copyright
Canine Inspired Copyright Confusion?
Posted in Agreements, Contracts, Copyrights, Infringement, Marketing, Social Networking, TrademarksWhen we mention confusion on DuetsBlog, we’re typically referring to the well-known likelihood of confusion test of trademark infringement. But today, we’re focused on the apparent confusion many have about the important question of: When copyright protection comes into being. If you ever have wondered whether something is or has been “copyrighted,” this post is for… Continue Reading
Antigua and Barbuda: Haven from Minnesota Winters and Copyright Infringement
Posted in Copyrights, International–Catlan McCurdy, Attorney When you’re attempting to seek financial retribution from the United States, you have to get a little creative. And it sounds like Antigua and Barbuda employ some creative people. The Carribean nation, known for its beaches, weather, and gambling, once thrived on a gambling industry that employed 5 percent of its people. The… Continue Reading
Record Labels Losing Sight of the Purpose Behind Copyright Termination Rights
Posted in Copyrights–Catlan McCurdy, Attorney As we approach the mid point of 2012, I can’t help but look forward to 2013 and the copyright issues yet to surface. Of course, I speak of the right-that-shall-not-be-named: termination. Briefly, termination (also called reversion) rights were built into the Copyright Act in Section 304(c) to protect authors of older works… Continue Reading
Pinterest, Thy Name is Fair Use
Posted in Almost Advice, Copyrights, Fair Use, First Amendment, Infringement–Catlan McCurdy, Attorney First, there was copyright. Then, there was Pinterest. And now, there is drama. The words “copyright infringement” and “Pinterest” have been thrown around a lot recently, mainly due to the blog post of one photographer/lawyer, Kirsten Kowalski. Kirsten recently blogged about her decision to break up with Pinterest aka delete her inspiration boards, and… Continue Reading
The Fashion Bill Slowly Creeps Towards Becoming a Law
Posted in Copyrights–Catlan McCurdy, Attorney Above, my favorite latest designer ripoff – the Kate Middleton wedding dress. A cheaper version of the Alexander McQueen designer’s, Sara Burton, vision, so now every bride can feel like a princess… (photo credit to Mirror.co.uk) With New York Fashion Week nearing its end, and the whirl of Forever 21’s sewing machines beginning… Continue Reading
The Nine-Word Copyright Opinion: Costco v. Omega
Posted in CopyrightsThe Supreme Court heard the appeal of Costco v. Omega, a copyright decision from the Ninth Circuit regarding the application of the first-sale doctrine to a foreign manufacturer who did not manufacture the goods in the U.S. or sell the goods directly to Costco. The outcome? The Supreme Court’s entire decision (available for viewing here) consisted of nine… Continue Reading
Copyright – Common Misconceptions
Posted in CopyrightsThis is a departure from my typical blog, but it is a good opportunity to provide some basic information. As part of my practice I often have clients or referrals for clients seeking copyright protection for something they have created or plan on creating. What I have discovered is that there are some common misconceptions surrounding copyrights in… Continue Reading
Life-Line to the Lifeblood
Posted in Agreements, Copyrights, Guest Bloggers, Idea Protection, Law Suits—Joy Newborg, Winthrop & Weinstine, P.A. New ideas are the lifeblood of Hollywood and television, as executives are scrounging to find the next wildly popular Avatar or “Friends.” However, there is a little evil known around the industry as idea theft, where a person believes that their idea has been used but they were not… Continue Reading
The Internet is Where the Wild Things Are
Posted in Almost AdviceWith all the good that the Internet can bring for a company, a lot of bad is also lurking out there. A company could join the social media revolution and capitalize on attracting new customers only to have their new customers’ identities stolen in a cyber attack. Or, a more likely scenario for most companies, the… Continue Reading
Lawsuits – Back in Fashion This Fall
Posted in Infringement, Law SuitsLast week, the Minneapolis/St. Paul Business Journal reported that Coach filed a complaint in New York against Minneapolis-based Target Corporation, alleging infringement of two of its handbag designs. Coach claims Target’s new designs are too similar to two of its bags, including the Ergo and Signature Patchwork bags: Target is not alone. Coach also filed a lawsuit against Brown Shoe Co.,… Continue Reading
Van Halen Sues Nike
Posted in Copyrights, InfringementLast month, Eddie Van Halen’s company, ELVH, Inc., filed a lawsuit against Nike for copyright infringement. The complaint alleges the above-depicted model of Nike’s Dunk Low shoes infringe his copyright in the red, white and black striped Frankenstein guitar design. The lawsuit is seeking not only profits from Nike’s sale of the shoes and damages, but also the… Continue Reading
Duets Blog Authors
Steve Baird
Just so you know, I'm all about brands and the law, both professionally and personally. I regularly annoy family and friends in retail stores by focusing on product labels—not to buy the product, but to read the fine print and ask, "Who owns these brands" and "Did they really register those marks?" More...
Brent Lorentz
Although I wish I could say my path to the law was the result of a lifelong dream or calling, it was more the result mere curiosity and an affinity for leather-bound books. More...
Tiffany Blofield
Although my initial career path was to be one of the Supremes (not the musically talented ones with platform shoes and sequins, but rather, the nine wearing sensible shoes and pressed black robes in DC), I will likely stay in Minnesota as I have never lived anywhere else. More...
Brad Walz
My law career started on the ice…as a defensive hockey player (we’re not talking professionally…and if I were, I probably wouldn’t have gotten into law). More...
Derek Allen
In hindsight, writing about creativity and the law may have always been in the cards for me. I began training for a career in litigation at an early age by finding ways to disagree with pretty much anyone about pretty much anything. In my longest-running “case,” I argued with my middle school math teacher, Mrs. Jabs, for the better part of four years over whether, even if I got the right answer, I had to show my work to get full credit. More...
Martha Engel
Although my interest in gadgetry and my aptitude for math eventually led me to become an engineer, my ad executive father and artistically gifted mother fostered an appreciation for the creative from a young age. More...
Anjali Shankar
When I was in elementary and middle school, I loved writing short stories. Creativity and imagination seem to come naturally to people when they are young. More...
Timothy Sitzmann
I have always considered myself to be a creative person. Full disclosure: I'm not claiming that I've created anything good, merely that I have created things that exist.More...
Cathleen Dahl
Trademarks and I met through a small job advertisement in the back of a local newspaper, and little did I know that I would spend the next 18 years (and counting) deriving a living from their existence and importance. More...