copyright
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11th Circuit Affirms Email Exchange as Contract
You may recall a dispute between an individual named Rafael Vergara Hermosilla and Coca-Cola about the ownership of Spanish lyrics Vergara wrote that Coca-Cola used in its World Cup advertising. First, Vergara filed a motion for a preliminary injunction and Coca-Cola was ordered to provide credit to Vergara. The 11th Circuit affirmed. However, on summary… Continue reading
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The Fight for Bratz – With a New Plaintiff
Just when you thought the Bratz story was over, it gets better. You know, the fight over the pouty-lipped dolls, where the designer, Carter Bryant, who was employed by Mattel off and on, claimed to have designed them while the relationship was off and then took the design to MGA Entertainment. Mattel sued MGA, won… Continue reading
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Numb Nuts, Part II
Former licensee’s current web page I previously reported on a bit of a bone-headed dispute between Orange County Choppers (OCC), of “American Chopper” television fame, and a company that designed T-shirts for it, Olaes Enterprises, Inc. d/b/a ODM (ODM). OCC made the mistake of suing ODM for royalties and ODM counterclaimed against 25 companies that… Continue reading
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The Coup de Grâce for Pooh?
One opposed mark The TTABlog brings us the last (?) chapter in the Winnie the Pooh story – well, it’s the last pending action at least, after a state court litigation, an appeal of it, a federal court litigation, and an appeal of it, all of which SSI lost. But never say never. The parties,… Continue reading
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Righthaven’s Failed Assignment Agreement
I haven’t been blogging about the Righthaven case because there are many other bloggers doing a great job. You know, Righthaven, who is going around finding bloggers reproducing articles from the Denver Post and the Las Vegas Review-Journal and suing them for copyright infringement. But I thought that I’d show you how miserably Righthaven screwed… Continue reading
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There Has to Be Confusion
Plaintiff DeliverMed transferred its marks for pharmaceutical delivery – “DeliverMed,” “Right at Home” and this logo to defendant Medicate Pharmacy as part of a joint business venture. The venture failed, but Medicate Pharmacy continued to use the marks to promote its own business, enclosing a card bearing the marks with every prescription and using the… Continue reading
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Moral Rights versus Economic Rights
Fahmy v. Jay-Z is a cautionary story about music sampling. Not the usual one, about to what extent sampling may be a fair use or may require a license, but rather what kind of rights sampling implicates. Fahmy was the successor in interest to the copyright in the composition and music recording of an Egyptian… Continue reading
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When Do You Have an Exclusive Copyright License?
I’ve been hanging on to a decision from the Seventh Circuit since January, but it’s still worth some exposure because it explains one way to determine whether a copyright license is exclusive. A claim for copyright infringement may only be brought by the “legal or beneficial owner of an exclusive right under a copyright.” 17… Continue reading
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