One of the almost-overlooked categories of trademarks is SOUND. Most people don’t realize that a distinctive sound associated with a brand can be trademarked, but like many things “most people” don’t know much about (like particle physics) there is almost always more there than meets the eye. Or the ear, in this case. To date, only [...]
Entries Tagged as 'Popular'
Let’s Copyright Our Clothes!
August 16th, 2010 · 3 Comments · Copyright, Popular
It seems like every year Senator Charles Schumer tries to push through another bill (some might say the same bill) to extend copyright protection to fashion design, and this year is no exception. Last week Senator Schumer introduced S.3728 — the Innovative Design Protection and Piracy Prevention Act — seeking once again to give purveyors [...]
Captain America in Court
August 7th, 2010 · Comments Off · Copyright, Popular, Trademark
Earlier this year I questioned whether Disney’s acquisition of Marvel Comics would have any effect on the long-running battle between Marvel and the heirs of Jack Kirby over the ownership rights to his creations (which are legion). To date, the answer appears to be “No.” The production of the new Captain America film continues apace, [...]
Peanut Butter & Jelly Follies
August 3rd, 2010 · 1 Comment · Patent, Popular
The lowly peanut butter and jelly sandwich. Who would ever have thought it could evolve (or mutate) into so many different forms — from the peanut butter, banana, and bacon sandwich (Elvis’ favorite), to the peanut-butter-frosted jelly doughnut, to the Bukowski Tavern’s famous Peanut Butter Burger (with onions)? And who would have suspected that one [...]
Tags:patent·peanut butter
A Copyright Primer for Grownups
July 30th, 2010 · 1 Comment · Copyright, Popular
As is so often the case with internet searches — where what you get is not always what you were looking for — in the course of tracking down information about a copyright case from last year I unexpectedly stumbled upon a site that provides educational training about copyright for the layman. Copyright for Librarians [...]
Tags:Copyright·library·literature·primer
The Bratz Are Back In Town!
July 23rd, 2010 · 3 Comments · Copyright, Popular, Trademark
With his usual aplomb, Judge Alex Kozinski of the 9th Circuit casually eviscerated the trial court’s decision in last year’s Barbie vs. Bratz battle, opining that Carter Bryant’s contract with Mattel did not cover “ideas” (only “inventions”) and that it simply wouldn’t be fair to hand Barbie the keys to her her little sister’s billion [...]
Willy the Wizard Redux
July 16th, 2010 · 2 Comments · Copyright, Popular
When I woke up this morning it occurred to me that I had given short shrift to Willy the Wizard’s claims in my post yesterday, and being a type-A personality the nagging feeling that I hadn’t done my homework sat uncomfortably in the back of my mind at breakfast and on the train into work. [...]
Tags:Copyright·fantasy·Harry Potter
Willy the Wizard vs. Harry Potter
July 15th, 2010 · 2 Comments · Copyright, Popular
Nothing breeds lawsuits like success. Apart from The Bible and the complete works of William Shakespeare, nothing has captured the hearts and minds of a generation of readers like the Harry Potter saga. In our modern age, of course, the price of fame is being subject to calumny and accusations of plagiarism, copyright infringement, and [...]
Tags:Copyright·Harry Potter·J.K. Rowling·plagiarism·Willy the Wizard
When’s Salinger’s Sequel Coming to California?
June 17th, 2010 · Comments Off · Copyright, Popular
When, and whether, the sequel to The Catcher in the Rye ever hits the U.S. is a question rife with speculation after the 2nd Circuit’s recent ruling in Salinger v. Colting. For an interesting peek at what’s percolating in the law of sequels, and a link to the decision (and others of note), see the recent [...]
Twilight Sues Over Stolen Clothing
June 16th, 2010 · Comments Off · Popular, Trademark
Apparently Summit, the studio behind the Twilight movies, is mortally offended that BB Dakota is seeking to sell a copy of the hoodie worn by Bella in one of the teen-vampire romances, and has filed a trademark infringement lawsuit to enjoin the sale of the garment marketed — as one might expect from cheesy marketeers lacking [...]
China Hits Cafes With Copyright Fee
June 16th, 2010 · Comments Off · Copyright, Internet, Popular
In an attempt to rebut allegations that it allows copyright thieves to roam unmonitored throughout Beijing and the great steppes, China has announced that it will impose a copyright fee on internet cafes which allow customers to download and watch movies while enjoying their lattes. How China intends to monitor internet usage at the 140,000 [...]
I am a commercial litigator and intellectual property lawyer in San Francisco. Although my practice encompasses a wide variety of business disputes, I have a particular fondness for, and am prone to wax philosophical on, the subjects of copyright and trademark infringement in music, literature, art, and film.
