February 13, 2017 Intellectual Property, Copyright, and Trademark

Paul McCartney Seeks to Terminate Sony’s Copyright Interests in Legendary Beatles’ Tracks

Paul McCartney has commenced a full-out mission to re-acquire complete ownership of the copyright interests in the Beatles’ songs Sony acquired rights to 50 years ago. On January 11, 2016, McCartney sought confirmation from a New York federal judge on that he will not face breach of contract liability in the process.

McCartney filed termination notices in 2008 pursuant to a provision in the Copyright Act, which affords song-makers whose songs were made prior to 1978 the right to terminate copyright licenses and assignments after …

February 8, 2017 Intellectual Property, Copyright, and Trademark

Author Looks to Thaw Adverse Copyright Ruling Related to Disney’s Frozen

Muneefa Abdullah, a Kuwaiti children’s author, has appealed a District Court’s recent decision denying the author’s copyright suit against Disney, claiming that the District Court judge failed to see the substantial similarities between her 2007 story “The Snow Princess” and Disney’s megahit Frozen.

Abdullah sued the entertainment company in 2015 for copyright infringement, alleging that Walt Disney Studios motion pictures and Frozen screenwriter Jennifer Lee stole plot points, characters, and themes from her story. Last month, Judge Wilson of the Central District of California, …

December 12, 2016 Intellectual Property, Copyright, and Trademark

Michael Jordan Wins Trademark Case in China

In what is being hailed as a landmark decision, China’s highest court recently ruled in favor of Michael Jordan, holding that he owns the legal rights to the Chinese characters of the equivalent of his name. Jordan sued Qiaodan Sports Company, alleging that it built a brand by putting the Mandarin transliteration of his name on its sportswear. Jordan never gave permission for this use of his name and he has no connection with Qiaodan Sports. The high court overturned the lower courts, which …

December 5, 2016 Intellectual Property, Copyright, and Trademark

Trademark Liability Setback for The Walking Dead Creator

Robert Kirkman, creator of The Walking Dead, faced a setback Wednesday, November, 30, 2016 when a judge denied his company’s motion for summary judgement in a trademark liability suit. Last year, the company filed suit against four entrepreneurs who had filed numerous trademark applications to the U.S. Patent and Trademark Office to register the mark “The Walking Dead.” The defendants’ 11 patent applications were connected to various goods and services including t-shirts, bottled water, coffee, and other “themed restaurant services.”

Currently, the company owns …

November 23, 2016 Intellectual Property, Copyright, and Trademark / NFL

Native American Groups File Brief in Support of Trademark Office’s Ban on Disparaging Trademarks

On November 16, 2016, Native American organizations, including the National Congress of American Indians, filed a brief of amici curiae in support of the United States Patent and Trademark Office’s (PTO) ban on offensive and disparaging trademarks. The statute at issue before the Supreme Court is Section 2(a) of the Lanham Act, 15 U.S.C. 1052(a), which provides that no trademark will be refused registration because of content unless, inter alia, the trademark “[c]onsists of . . .matter[s] which may disparage . . . …

October 7, 2016 Intellectual Property, Copyright, and Trademark / NFL

Stay Where You Are: Supreme Court Denies Premature Appeal in Redskins Case

On October 3, 2016, the Supreme Court rejected a long-shot appeal from the Washington Redskins, refusing to hear their case prior to the Fourth Circuit’s ruling. The team had attempted the rare “certiorari before judgment” because it wanted its case heard alongside The Slants’ similar case, which was accepted by the court on September 29.

Like the Redskins’ case, the band argued that the board’s refusal to trademark the band name “The Slants” violated its right to free speech. Though the Patent and Trademark …

September 29, 2016 Intellectual Property, Copyright, and Trademark / Litigation / NFL

One of These Things is Not Like The Other: Electronic Arts and Retired NFL Players Argue Over Class Certification in Likeness Suit

On September 22, 2016, Electronic Arts and retired NFL players who claim that “Madden NFL” uses their likeness without permission argued over class certification in a California federal court. At the hearing, the parties debated whether publicity is a property right and the feasibility of ascertaining thousands of players’ avatars.

The players’ attorney, Brian Douglas Henri, stated that suit was properly brought under California state law, reasoning that EA’s headquarters are in the Bay Area. Judge Richard Seeborg questioned why state law should apply when …

September 28, 2016 Intellectual Property, Copyright, and Trademark / Litigation / MLB

Is Selling Cubs Merchandise a Crime?

Stealing bases may be a routine part of baseball, but the Chicago Cubs have made it clear that street vendors stealing merchandise have no part in America’s pastime. On September 22, 2016, Major League Baseball and the Chicago Cubs sued vendors for selling counterfeit merchandise on the streets outside of Wrigley Field.

This has been an uplifting season for the Cubs as they are in first place, standing as the top team in all of Major League Baseball. The club’s claim that vendors are “deliberately …

Under Armour in a TM Dogfight with Puppy Armour

Sports apparel giant, Under Armour (UA), is unhappy with the “Armour marks” on Puppy Armour’s canine clothing. Under Amour is suing S&O Innovations LLC and Silvo Schillen of “slavishly” misappropriating and copying its name and font. The athletic gear maker filed its petition in a Florida federal court, arguing that the dog products are styled to look similar to UA.

S&O sells various kinds of dog T-shirts for different breeds. In its complaint, Under Armour argues that the T-shirts are the same color, with …

“Let’s Get it On” at the Heart of Ed Sheeran’s Hit Song?

Ed Sheeran is facing yet another copyright suit. This time, the heirs of Ed Townsend are claiming that the famous song “Thinking Out Loud” sounded too much like “Let’s Get It On” — co-written by Ed Townsend and sang by Marvin Gaye. The heirs assert that “the melodic, harmonic and rhythmic composition in ‘Thinking’ are not the product of independent creation,” suing the singer, record labels, promoters and everybody associated with “Thinking Out Loud.”

The plaintiffs claim that the pop singer “copied the ‘heart’ of …