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Day: 25 August 2016

USA DOJ ASCAP and BMI ruling – imperfections of fractional licencing

A comparison between the licensing of public performance rights and the licensing of synchronization rights further illustrates the problem faced by music users who rely on PRO licenses. Producers of movies or television programming have traditionally entered separate synchronization licenses with each owner of a fractional interest in a song the producer seeks to include in his or her television show or movie, generally on a song-by-song basis.

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Blossom pie design is functional and therefore ineligible for trademark protection

Chudleigh’s is an apple farm and bakery based in Ontario, Canada, which sells baked goods to consumers and commercial entities. In the mid-1990s, Scott Chudleigh, an owner of the business, began developing a “single-serve, fully baked . . . apple pie” to sell to restaurants, to which it already distributed multi-serving apple pies. Mr. Chudleigh and his wife tested several possible shapes for the single-serve pies, settling on a round shape with six folds of pastry encircling the filling. Chudleigh’s registered a trademark for the six-fold pastry design, known as the Blossom Design, and the mark became incontestable in 2005.

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