November 4, 2014 Copyright / Intellectual Property, Copyright, and Trademark / Music

“Blurred Lines” Copyright Suit Set to Go to Trial

On Thursday, October 30, a California District Judge denied Robin Thicke and Pharrell Williams’ motion for summary judgment to end the suit revolving around their song “Blurred Lines.”

The recording artist and his producer went on the offensive in August 2013 by filing a lawsuit seeking declaratory relief to protect their song “Blurred Lines” from Bridgeport Music and Marvin Gaye’s children, who were threatening their own actions claiming copyright violations. The plaintiffs filed a motion for summary judgment to end the lawsuit in their favor …

October 16, 2014 Advertising / Copyright / Intellectual Property, Copyright, and Trademark / Trademark

“World’s Most Interesting” Case Settled

On Monday, the parties in the “World’s Most Interesting” trademark suit filed a stipulation to dismiss the suit. In 2013, the Mexican brewer of Dos Equis beer filed a trademark and copyright infringement suit against KCI, Inc. (“KCI”), a New Jersey company that offers storage area network (SAN) maintenance services, over its advertising campaign themed “The Most Interesting Man in the World,” a U.S. registered trademark of the brewer.

The complaint alleged that KCI filed trademark applications for the marks “The Most Interesting SAN Architect …

October 7, 2014 Copyright / Intellectual Property, Copyright, and Trademark

It’s a Bird, It’s a Plane…it’s Warner Brothers!

Another victory for Warner Brothers in a lifelong battle over the copyright to Superman. The U.S. Supreme Court denied review of Superman’s co-creator’s heirs, Joseph Shuster, to terminate Warner Brothers’ rights to the Superman copyright. Shuster’s heirs requested a hearing to challenge Warner Brothers’ copyright on the grounds that the 1976 Copyright Act allowed them to reclaim their portion of the comic character icon. A provision of the Copyright Act allows authors to terminate and reclaim previous assignments of copyrights.

Shuster’s heirs initially made an …

September 27, 2014 Copyright

Peruvian Author Suing Disney for $250M Claiming ‘Frozen’ Is Her Story

A Peruvian author is suing Disney for $250 million, alleging ‘Frozen’ is not based on the Andersen fairy tale The Snow Queen but rather on her book. In 2010 Isabella Tanikumi wrote an autobiography titled Yearnings Of The Heart depicting her life in the Andean mountains of Peru. The synopsis of her book posted on Amazon says that Tanikumi’s autobiography portrays a young girl overcoming personal insecurities and various challenges in her life. However, it does not seem to feature a talking …

September 26, 2014 Copyright / Music

Jay Z Fights Back Copyright Suit Over Sampling of ‘Oh’ in “Run This Town”

Jay Z filed a motion to dismiss a copyright infringement lawsuit brought by Record label TufAmerica before a New York federal district court. The suit alleged that Jay Z and Rihanna’s hit song “Run This Town” sampled the Eddie Bo song “Hook & Sling” without authorization.

According to the filing, Jay Z allegedly misappropriated ‘oh’ sound from “Hook & Sling” throughout “Run This Town.” In filing the motion to dismiss, Jay Z’s legal team argued that the claim was “misguided” as it was not …

September 23, 2014 Copyright / Intellectual Property, Copyright, and Trademark

Avatar Avoids Another Lawsuit

On Wednesday, September 17, Judge Furman of the Southern District of New York federal court granted a motion dismissing claims against James Cameron for alleged copyright infringement in the 2009 blockbuster film Avatar.

The judge’s dismissal relieves Cameron of the fourth lawsuit in the past year stemming from the film Avatar. This cause of action was brought by Roger Dean, an English artist, whose works include album covers for the bands Yes, Uriah Heep, and Asia. Dean sought more than $50 million for …

September 18, 2014 Copyright / Music

Eminem Sues New Zealand’s National Party for Copyright Infringement

Detroit-based Eight Mile Style, LLC and Martin Affiliated, LLC, the music publishers of Eminem’s “Lose Yourself,” filed a copyright infringement suit against New Zealand’s National Party. According to Joel Martin, a spokesperson for both companies, New Zealand’s ruling party used the song in a political campaign commercial without authorization.

The party allegedly used the song in a TV advertisement in its efforts to support the reelection of Prime Minister John Key. Rejecting the allegations, Prime Minister Key responded that the party did not intentionally …

September 7, 2014 Copyright / Intellectual Property, Copyright, and Trademark / Music

Mickey Mouse v. Deadmau5: A Rodents’ Row Over Trademark Logo

On Tuesday, September 2^nd, Disney Enterprises Inc. file a motion in opposition at the U.S. Patent and Trademark Office arguing against an application submitted by Canadian EDM star Deadmau5.

Joel Zimmerman, better known by his stage name Deadmau5, filed with the Trademark Office back in 2013 to secure a trademark for his logo, a black mouse-head with white eyes and a smile. The logo is a graphic representation of the mouse helmet he wears while performing his DJ duties on stage and …

September 6, 2014 Contract / Copyright / Intellectual Property, Copyright, and Trademark

Roc-A-Fella Records Cannot Dismiss Copyright Infringement Logo Law Suit.

On Wednesday, September 3^rd, Judge Andrew Carter in the Southern District of New York, denied a motion to dismiss filed by Jay-Z & Roc-A-Fella Records seeking to end a contractual dispute.

The dispute arises from an alleged agreement between Roc-A-Fella records and the plaintiff, Dwayne D. Walker, Jr., that was formed in 1995. Dwayne Walker claims that he agreed to design and license the Roc-A-Fella logo to the record label for $3,500 and 2% of all revenue from the sale of items carrying …

CBS Sued Over Farting Hippopotamus

A recurring stuffed animal on the hit CBS show, NCIS, is causing the broadcasting corporation legal woes this week. On August 25, CBS Broadcasting was sued by world renowned puppet maker, Folkmanis Inc., for infringing its copyrights by producing and selling “Bert the Farting Hippo” products.

Abby Sciuto, the goth forensic scientist on NCIS, introduced her furry, farting stuffed animal, Bert back in 2003. Since his first appearance, Bert the Farting Hippo has made over a dozen appearances on the television show, garnering …