One of the most common defenses to patent infringement is that the asserted patent is invalid. The reasons for invalidity regularly range from lack of utility, to incorrect inventorship, and even to fraud (as I’ve recently written about). Often, the defendant asserts that the patent is invalid for lack of novelty or non-obviousness–pointing
What Will Happen To The New Prince Songs
There is a battle brewing over songs by Minnesota’s own Prince. I, for one, am anxious for the dispute to be resolved so we can enjoy these recordings. Who knows, there may be another worldwide hit “Purple Rain” out there.
The initial lawsuit was brought by Prince’s company Paisley Park Enterprises, which is now owned…
Did She Or Didn’t She?
This is the question a court in the Southern District of New York will be dealing with in a recent lawsuit filed against Destiny Hope, a/k/a Miley Cyrus and others. Does Miley’s chart topping 2013 hit song “We Can’t Stop” infringe on a song written by Michael May?
Jamaican songwriter and deejay Michael May goes…
The Five-Finger Copyright Discount
–James Mahoney, Razor’s Edge Communications
Recently violinists Rhett Price and Shiva Chaitoo got two very different lessons on the downside of posting performances on the Internet.
According to an article in The Boston Globe, a fan of Price alerted him to a video of Chaitoo’s playing. Turns out, Chaitoo was pulling a Milli Vanilli,…
Did U2’s Bono And The Edge Copy Their Song The Fly From Another Artist?
This is the question being presented in a lawsuit pending in the Southern District of New York against the iconic band U2 and a majority of its band mates. Paul David Hewson (more well known as lead singer Bono), David Howell Evans (more well known as guitarist extraordinaire the Edge), drummer Laurence Joseph Mullen Jr.,…
Star Wars: The Missing Fanfare
-Wes Anderson, Attorney
A bit belated, but I finally caught a screening of Star Wars: The Force Awakens. Unbeknownst to me, the film was missing a part of the Star Wars experience many fans hold dear. And it’s all about branding.
Note: No spoilers of the film itself follow here, unless you consider a discussion…
Watch the Informational Refusals, Please!
Let’s suppose you conduct sightseeing tours using a tram car, maybe on the boardwalk in New Jersey. Maybe even a famous tram car service you’ve operated since 1949?
Let’s further suppose your passengers may get on or off anywhere along the route, as it travels along Wildwoods Boardwalk.
Would you think you could own…
Beme, or BeHBO / BeShowtime / BePayPerView?
-Wes Anderson, Attorney
It has been a tumultuous year for copyright owners. The old cliche is “if you love something, set it free,” but it seems plenty of third parties are happy to take on that task when it comes to copyrighted content.
Now that mainstream smartphones allow anyone to capture high definition video, mobile …
Blurred Rights
You may, like me and hundreds of others, have had the “Blurred Lines” verses: “I know you want it, You’re a good girl, You’re far from plastic, Talk about getting blasted, I hate these blurred lines,” stuck in your head. And, who could forget the new word “twerk” with Robin Thicke’s performance with Miley Cyrus…
Gibson Guitar Facing 15 Trademark Opposers
A brand owner’s non-traditional trademark application will sometimes gain the critical attention of multiple direct competitors. Gibson Guitar’s unlucky number is apparently fifteen.
Last Thursday, Gibson’s guitar configuration application shown to the right and below was opposed by far more competitors than it has strings on the above ebony Gibson ES-339 Studio Electric Guitar:…