Amazon Faces Trademark Infringement Claim Amazon Faces Trademark Infringement Claim – The U.S. Court of Appeals for the Ninth Circuit found that internet-based retail giant Amazon.com could be misleading consumers by displaying a watchmaker’s competing products when users search for its watches (read the full opinion here). Multi Time Machine Inc. (“MTM”), a luxury, military style...Read More
Justin Bieber & Usher Copyright Infringement Justin Bieber & Usher Copyright Infringement – Pop stars Justin Bieber and Usher Raymond will be heading back to court after the Fourth Circuit for the U.S. Court of Appeals ruled that a reasonable jury may find they infringed copyrights in their 2010 hit song, “Somebody to Love.” (Read...Read More
Reasonableness of Copyright Licensing Fees Reasonableness of Copyright Licensing Fees – A federal district court in New York ruled that Broadcast Media Inc. (“BMI”) may collect 2.5% of Pandora’s total revenue in exchange for licenses to publicly perform copyrighted music. (Read the full opinion here) BMI vs. Pandora BMI represents music copyright holders, and licenses...Read More
A federal court of appeals reversed an earlier ruling that forced Google to remove a YouTube video portraying an actress making anti-Muslim statements.Read More
The U.S. Court of Appeals for the Second Circuit ruled the Polo Association may sell sunglasses with a logo that is similar to the Ralph Lauren trademark.lRead More
Copyright Protection for Recipes – Restaurateur Denied Copyright Protection Denied – A federal court ruled that an Ohio restaurateur’s recipes were not protectable under copyright laws. The court issued its ruling earlier this year on a motion for summary judgment, and the plaintiff has since filed her notice of appeal. (Read the full opinion here.)...Read More
TTAB Decisions Have Preclusive Effect on Later Litigation TTAB Decisions – In yet another intellectual property-focused case, the Supreme Court has ruled that a decision by the Trademark Trial and Appeal Board (TTAB) may have a binding, preclusive effect on later litigation in a federal district court. The opinion came with a narrowed focus, allowing...Read More
Oprah Wins Round Two – Trademark Infringement Case Oprah Winfrey claimed a second victory against motivational speaker Simone Kelly-Brown in a trademark battle over the phrase “Own Your Power.” Kelly-Brown and her company, Own Your Power Communications, claimed Winfrey, and other named Defendants infringed on her trademark under both federal and state laws, and included...Read More
Graffiti Artists Copyright Infringement Case Moves Forward Graffiti Artists Copyright Infringement Case – Italian fashion house Roberto Cavalli will be heading to court after a federal judge overruled its motion to dismiss a copyright infringement case against it earlier this month. (Read the full memorandum here) The clothing and accessories company was sued by three...Read More
SCOTUS Ushers in New Year with Trademark Ruling Trademark Ruling – With the New Year comes new decisions being handed down by the Supreme Court, and there have already been a handful related to intellectual property. You may remember our earlier case preview for Hana Financial v. Hana Bank in which the Supreme Court would...Read More