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Fourth Circuit Upholds Copyright Assignment Effectuated by Agreeing to Terms of Use Containing Assignment Provision 24 Aug 2013 | 02:49 am
The parties to this case--Metropolitan Regional Information Systems and American Home Realty Network--are competitors in the real estate listing business. Metropolitan Regional operates a listing ser...
What a Difference a Cause of Action (Maybe) Makes 22 Aug 2013 | 04:21 am
On the same day, the same panel of judges of the Ninth Circuit issued two opinions addressing claims made by former football players (one NFL, one college) with respect to Electronic Arts' ("EA") foot...
Ninth Circuit Gives Green Day Fair Use Green Light For Concert Video Backdrop 22 Aug 2013 | 03:07 am
In 2003, plaintiff Derek Seltzer, an artist and illustrator, created a drawing of a "screaming, contorted face" referred to as "Scream Icon." Seltzer made some copies of "Scream Icon," which he both ...
Court Concludes That First Amendment Protects Use of Mark in Title of Computer Game, Dismisses Trademark Claims 29 May 2013 | 02:51 am
Plaintiffs (referred to collectively as Rebellion Developments) own a registration for the mark REBELLION in connection with, as relevant here, video and electronic games. Defendants (referred to col...
Court Concludes That Use of Mark as Name of Fictional Software in Film Does Not State a Plausible Claim of Trademark Infringement 28 May 2013 | 11:30 pm
Fortres Grand sells software called "Clean Slate," which erases evidence of user activity so that subsequent users cannot see previous users' activities. It obtained a federal trademark registration ...
Court Again Partially Grants Summary Judgment in Warhammer 40K Dispute; Copyright Fair Use Defense Survives 24 May 2013 | 02:25 am
Games Workshop, an England-based company, sells various science-fiction/fantasy products relating to a "dystopian fictional universe" called Warhammer 40,000, which was first created in 1987 with the ...
Collection of (Relatively) Recent Copyright Fair Use Decisions 24 May 2013 | 12:55 am
Blogging has been sparse in recent months due to a busy schedule so I'm using the relatively recent spate of fair use opinions from various courts to belatedly summarize opinions of interest that have...
SDNY Refuses to Dismiss Dental Patient's Claims Regarding Confidentiality Agreement and Copyright Assignment Required as Precondition to Treatment 22 May 2013 | 11:11 pm
In October 2010, Robert Allen Lee had a severe toothache and chose to visit Aster Dental because his insurance company listed it as a preferred provider. According to Lee, Aster Dental told him he wo...
Ninth Circuit: Righthaven and the Mythical Calf With Five Legs 10 May 2013 | 03:05 am
I have much to catch up on after my blogging hiatus due to a very busy few months but the Ninth Circuit opinion today confirming the demise of Righthaven is short and to the point and worthy of a quic...
Seventh Circuit: "Phifty-50" Rap Duo Had Zero Chance of Success on Trademark Claim Over "50/50" Movie Title 22 Feb 2013 | 01:20 am
Eastland Music Group, the "proprietor" of the rap duo Phifty-50 (which according to the Seventh Circuit "has to its credit one album (2003) and a T-shirt"), successfully registered the trademark "PHIF...
