Skull Crushing Victory for Dan Aykroyd’s Spirits

Skull Crushing Victory for Dan Aykroyd’s Spirits

Who knew that comedian/actor Dan Aykroyd was co-founder of a vodka brand? And that not only is   this vodka award-winning, but that it is delivered in a skull-shaped bottle? Interestingly too, Dan Aykroyd is dead serious about making sure to enforce his rights of this very distinctive registered trade dress of his. Aykroyd and his brand, Read more about Skull Crushing Victory for Dan Aykroyd’s Spirits[…]

The Song Remains the Same: Jury Shows a Whole Lotta Love for Zeppelin’s Stairway to Heaven

The Song Remains the Same: Jury Shows a Whole Lotta Love for Zeppelin’s Stairway to Heaven

By: Christopher McHattie, Esq. and Sean Sanders The verdict is in and Led Zeppelin is off the hook following a highly publicized copyright infringement lawsuit brought by the estate of Spirit’s Randy Wolfe (a.k.a., Randy California). Following a two-year legal battle, a Los Angeles jury found last week that Led Zeppelin’s “Stairway to Heaven” did Read more about The Song Remains the Same: Jury Shows a Whole Lotta Love for Zeppelin’s Stairway to Heaven[…]

How “Small” Can Copyright Go? Or, How The Music Industry Is Eating Its Tail

How “Small” Can Copyright Go? Or, How The Music Industry Is Eating Its Tail

Christopher McHattie & Sean E. Sanders Last year’s copyright infringement action between Marvin Gaye’s estate and Robin Thicke and Pharrell Williams has songwriters, lyricists and composers looking over their shoulders.  The decision raises important questions on how “short” a musical work can be to be entitled to copyright protection.  Is a sequence of 10 notes Read more about How “Small” Can Copyright Go? Or, How The Music Industry Is Eating Its Tail[…]

Road Trip: South by Southwest 2016!

Road Trip: South by Southwest 2016!

Who’s going to SXSW in March? Are you an artist, a musician, an inventor, an IT guru? You are the innovators, the people who have ideas and are enthusiastic to introduce the world to who you are and what you are about. At the same time, you need to protect your creativity and to learn Read more about Road Trip: South by Southwest 2016![…]

Flag On The Play, Part Deux

Flag On The Play, Part Deux

As predicted in our November 13, 2014 post, “Flag On The Play”, the United States Court of Appeals for the Federal Circuit (CAFC) has held that the United States Patent and Trademark Office (USPTO) stuck its “subjective nose” so far into trademark owners’ choices of trademarks that the U.S. Constitution has been violated. In re Read more about Flag On The Play, Part Deux[…]

It Ain’t Over Till It’s Over – Yogi Berra

Patents

It Ain’t Over Till It’s Over – Yogi Berra

Apparently, Jose Gomez and his counsel feel the same way. In Campbell-Ewald Co. v. Gomez, Mr. Gomez received an unsolicited text from Campbell-Ewald Co. in violation of the Telephone Consumer Protection Act (“TCPA”). The TCPA broadly restricts telephone solicitations, including automated systems that use text messages and prerecorded voice messages. Mr. Gomez sued as lead Read more about It Ain’t Over Till It’s Over – Yogi Berra[…]

Why Your Music Needs to be Copyrighted Now

Why Your Music Needs to be Copyrighted Now

When you submit a song for copyright, you are doing much more than merely proving the date of submission of your art. While the staff at the copyright office is not sitting around listening to every song to determine whether they have heard it before, registration is proof of a valid copyright. When you write Read more about Why Your Music Needs to be Copyrighted Now[…]

Tiffany v. Costco – Kreskin says: I See An Appeal In Your Future

Tiffany v. Costco – Kreskin says: I See An Appeal In Your Future

In 2013 U.S. District Judge Swain, when ruling on Tiffany’s Motion for Summary Judgment, held: “The question of whether a mark is, or has become, generic is generally one of fact,” citing Bristol-Myers Squibb Co. v. McNeil-P.P.C. Inc., 973 F.2d 1033, 1039 (2d Cir. 1992) Tiffany & Co. v. Costco Wholesale Corp., Civil Action No. Read more about Tiffany v. Costco – Kreskin says: I See An Appeal In Your Future[…]

Friday Grab Bag: Google® and Viacom® Opt to Settle

Friday Grab Bag: Google® and Viacom® Opt to Settle

When a lawsuit proceeds for seven years, anticipation steadily builds as we await the substance of the eventual resolution.  In the seven-year case of Google® versus Viacom® we finally have a much-anticipated resolution between the two tech giants.  It’s a significant conclusion to a wide-ranging copyright law issue. Viacom® brought a $1 billion lawsuit against Read more about Friday Grab Bag: Google® and Viacom® Opt to Settle[…]

Friday Grab Bag: Aereo® on the Go?

Friday Grab Bag: Aereo® on the Go?

Often in intellectual property disputes, a case can boil down to the simple issue of whether the ingenuity of one company crosses a line already established by another – whether the creative, diligent actions leading up to a fascinating new invention tread on the invaluable rights secured by another party.  How far is too far? Read more about Friday Grab Bag: Aereo® on the Go?[…]