September 24, 2013 Copyright / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / Music / Rights

Run DMC(A): No Safe Harbor for Vimeo against EMI?

It started with a simple equation: “Vimeo is video + you.” Yet this formula and model for the new “user-generated content”-fueled Internet has morphed into a case that could very well test the limits of the protection afforded to “service providers” under the Digital Millennium Copyright Act (DMCA).

This past week, a federal judge found that a particular “safe harbor provision” of the DMCA, which has been invoked successfully by user-generated content providers like YouTube and Veoh in their respective quests to protect and insulate …

June 4, 2013 NCAA / Rights

If It’s In the Game …

This past week, the Third Circuit Court of Appeals’ decision in the case Ryan Hart v. Electronic Arts, Inc., Index No. 11-3750, paved the way for a showdown that could fundamentally change the way the National Collegiate Athletic Association (NCAA) goes about its business. In the case, Hart alleged that Electronic Arts (EA) had violated his right of publicity under New Jersey law by including his “likeness” in its video games NCAA Football 2004, 2005, and 2006. EA had previously won a motion …

October 18, 2012 Rights

Clint Eastwood Takes on Another Chair: Settles Lawsuit Against Furniture Manufacturer

Clint Eastwood has reached a settlement in his lawsuit against Evofurniture LLC which accused the furniture manufacturer of impermissibly using Eastwood’s name on various furniture products – such as chairs, ottomans, and entertainment centers – without permission. Among other things, the action asserted claims of misappropriation of name and persona. According to a court notice filed on October 15, 2012, the settlement includes the issuance of an injunction barring Evofurniture from naming any furniture products after Eastwood in the future. Monetary terms of the settlement …

September 5, 2012 Copyright / Rights / Trademark

Disney Suit Seeks to End the Party for Seller of Unlicensed Character Costumes

Recently, Walt Disney Co., Sanrio, Co., Ltd. and DC Comics filed suit in federal district court against Party Animals LLC (a business offering costumes and party entertainment) alleging that Party Animals infringed on various trademarks and copyrights owned by the Plaintiffs by renting character costumes produced without permission in violation of the Plaintiffs’ intellectual property rights. Some of the alleged infringing costumes named by the suit include Winnie the Pooh, Batman, Superman, and Hello Kitty.

Party Animals’s website plainly states that it has no licenses …

July 10, 2012 Rights

Stan “The Man” Lee Victorious Once Again

On July 9, 2012, U.S. District Judge Stephen Wilson for the Central District of California dismissed a suit brought against Stan Lee and his production companies, which sought various ownership rights and profits stemming from the use of iconic characters such as Spiderman and the X-Men. Marvel Entertainment, Inc. currently owns the rights.

Counsel for Lee claims that the suit was barred under the legal doctrine of res judicata – similar claims had been filed and dismissed in New York federal court back in April …