June 28, 2014 Copyright / Intellectual Property, Copyright, and Trademark / TV

Supreme Court Shuts Down Aereo

The much anticipated Supreme Court decision came out today. The US Supreme Court, in a 6-3 decision, ruled that Aereo infringed on the copyrights of major TV networks when it transmitted their contents to its subscribers. Aereo rented out a miniature antenna to a subscriber who then received broadcast signals from major TV networks.

Writing for the majority, Justice Stephen G. Breyer found that Aereo was essentially acting like a cable company, not like “an equipment provider.” He further rejected Aereo’s argument that its transmission …

June 23, 2014 Copyright / Intellectual Property, Copyright, and Trademark / Music

Judge Dismisses Copyright Lawsuit Against Lady Gaga

“Simply listening to the songs, as the law requires, reveals their utter lack of similarity,” wrote U.S. District Judge Marvin Aspen in his decision to dismiss the lawsuit. Lady Gaga’s legal battle started back in 2011 when a Chicago singer Rebecca Francescatti sued the pop star alleging Gaga plagiarized parts of her 1999 song “Juda” for Lady Gaga’s hit “Judas” released in 2011.

In a copyright infringement case, the court looks at whether the defendant had access to the plaintiff’s work and how similar the …

June 21, 2014 Advertising / Intellectual Property, Copyright, and Trademark / Trademark

Snooki Wins Trademark Lawsuit

Back in August of 2013, reality television star Nicole Polizzi, known to her fans as Snooki, brought a $2.4 million lawsuit against Excell Brands and its perfume “Snazzy.” Polizzi alleged trademark infringement of her perfume brand “Snooki.”

The brand “Snazzy Woman” by Excell Brands is marketed in a box containing similar leopard print and what Excell calls a disclaimer: “Our version of Snooki by Nicole Polizzi.” While the smell and packaging may be similar, the text of the name “Snooki by Nicole Polizzi” on the …

June 19, 2014 Copyright / Intellectual Property, Copyright, and Trademark

Sherlock Holmes is Ruled Public Domain

Judge Richard Posner of the 7^th Circuit US Court of Appeals authored an opinion on Monday, June 16, 2014, ruling that the brilliant detective “Sherlock Holmes” is mostly public domain.

Back in December 2013, Chief Judge Ruben Castillo of the District Court for the Northern Division of Illinois, ruled in favor of the plaintiff, Leslie Klinger. Mr. Klinger, co-editor of “A Study in Sherlock: Stories Inspired by the Sherlock Holmes Canon,” brought the suit after being threatened by the Conan Doyle estate when it …

June 18, 2014 Intellectual Property, Copyright, and Trademark / NFL / Trademark

Washington Redskins Trademark Registration Cancelled

The Washington Redskins six trademark registrations have been cancelled by the U.S. Patent and Trademark Office. The office reasoned that the registrations were “disparaging to Native Americans at the respective times they were registered.” Reviewed by the Trademark Trial and Appeal Board, the decision was based on federal trademark law that prevents registration of trademarks that “may disparage” certain groups or individuals or “bring them into contempt or disrepute.”

“The Trademark Trial and Appeal Board agreed with our clients that the team’s name and trademarks

June 10, 2014 Copyright / Intellectual Property, Copyright, and Trademark

The Jury Awards Beastie Boys $1.7 Million

The jury in the copyright infringement suit brought by the Beastie Boys awarded the band $1.7 million, a bit short of $2 million it was seeking but much higher than $125,000 defendant Monster said it may owe to the group.

The Beastie Boys sued an energy drink maker Monster for its unauthorized use of the band’s music in a promotional video. In the complaint filed for this case, the group stated that

“[t]he public was confused into believing that plaintiffs sponsored, endorsed and are associated

June 10, 2014 Copyright / Intellectual Property, Copyright, and Trademark

SCOTUS Holds Laches no Defense to Copyright Infringement in Raging Bull Case

On May 19, the U.S. Supreme Court revived a copyright lawsuit over the 1980 hit movie “Raging Bull,” a film about the famous boxer Jake LaMotta. The suit was originally brought against MGM Studios by Paula Petrella, the daughter of the now-deceased screenwriter Frank Petrella, but was dismissed by two lower courts who held that Petrella waited too long to sue. The Supreme Court disagreed and re-instated Petrella’s suit.

The original rights to the film were sold to an entity which was later purchased by …

June 10, 2014 Advertising / Copyright / Intellectual Property, Copyright, and Trademark

Beastie Boys Make the Closing Argument against Monster Energy Drink

On June 4, the Beastie Boys’ lawyer Kevin Puvalowski delivered his closing argument in a copyright infringement suit against an energy drink maker Monster. The lawsuit claims that Monster used portions of the band’s songs without a license in its 2012 promotional video.

With the members Michael Diamond or “Mike D” and Adam Horovitz or “Ad-Rock” present in the courtroom, Puvalowski urged the jurors that Monster should pay $2 million in damages for its negligence over its employees “stealing from the Beastie Boys.”

On the …

Godzilla Settles with “Mechahopzilla”

Godzilla’s rights-owner Toho Co. Ltd. announced a settlement of the intellectual property litigation with New Orleans Lager & Ale Brewing Co. (“NOLA”). Toho had filed a lawsuit against NOLA when it had come out with a beer called ‘Mechahopzilla’ and used a logo allegedly similar to Mechagodzilla, a character from the 1974 film Godzilla vs. Mechagodzilla. While no monetary award was reported, the agreement calls for NOLA to rename its beer and change some aspects of its advertising and packaging that are affected by …

June 8, 2014 Advertising / Intellectual Property, Copyright, and Trademark / Music

Beastie Boys Trial Against Monster Energy Drinks Begins

In 2012, the Beastie Boys brought suit against Monster Energy Drink, claiming both copyright infringement and unfair competition resulting from Monster’s use of their songs in an online promotional video. The Beastie Boys are seeking $2 Million in damages.

The controversy stems from a promotional video about a snowboarding competition in Canada called “Ruckus in the Rockies,” which is organized and sponsored by Monster. After the event, Monster posted a video online of the competition and the after-party, including a mash-up mix performed by DJ …