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Category: Litigation

If the complaint is insufficient as to only the registration ground, if shouldn’t be dismissed with prejudice

In August 2013, Ricky Martin and Sony… claimed that they were sponsors” of and advertised the “SuperSong” contest. The contest was a competition; each participant was required to compose a song with lyrics in English, Portuguese, or Spanish. The participants were required to submit their songs in “video format showcasing the performance of the composer” by January 6, 2014.

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Whether Section 120(a) limits the copyright protection of a PGS work that is physically connected to an architectural work?

 

January 22, 2018, Adrian Falkner filed civil action, seeking relief for (1) copyright infringement and (2) falsification, removal, and alteration of copyright management information in violation of the Digital Millennium Copyright Act. Defendant moved for summary judgment.

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If copyright “is not capable of ‘existing independently’ as a work of art, it is not protectable under copyright law

Lanard makes and sells the “Lanard Chalk Pencil,” which is a toy chalk holder designed to look like a pencil. Lanard owns Design Patent, which contains five figures showing a pencil-shaped chalk holder from different angles. Lanard also owns copyright Reg. for a work entitled “Pencil/Chalk Holder.”

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A copyright sublicense could be implied in the absence of an express grant

Photographic Illustrators Corp. (“PIC”) provides commercial photography services – primarily photos of consumer goods – through its principal photographer, Paul Picone. Osram Sylvania, Inc. (“Sylvania”) is one of the world’s leading manufacturers of lightbulbs. PIC owns valid copyrights to thousands of photographs of Sylvania lightbulbs. Sylvania uses the photos in marketing and selling its products, as do Sylvania’s dealers and distributors.

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Litigation isn’t the kind of continuous, public usage of a trademark

Airs Aromatics, a purported owner of an ANGEL DREAMS trademark, filed a lawsuit against Victoria’s Secret alleging breach of contract claims and requesting cancellation of Victoria’s Secret’s registered DREAM ANGELS trademark.

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Justice Bryer on why booking.com shouldn’t be registered as trademark

The question at issue here is whether a term that takes the form “generic.com” is generic in the ordinary course. In the Breyer’s view, appending “.com” to a generic term ordinarily yields no meaning beyond that of its constituent parts. Because the term “Booking.com” is just such an ordinary “generic.com” term it is not eligible for trademark registration.

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First amendment protection for trademark parody

VIP Products sells the “Bad Spaniels Silly Squeaker” dog toy, which resembles a bottle of Jack Daniel’s Old No. 7 Black Label Tennessee Whiskey, but has light-hearted, dog-related alterations. For example, the name “Jack Daniel’s” is replaced with “Bad Spaniels,” “Old No. 7” with “Old No. 2,” and alcohol content descriptions with “43% POO BY VOL.” and “100% SMELLY.”

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When copyright registration occurs?

The question this case presents: Has “registration… been made in accordance with Title 17” as soon as the claimant delivers the required application, copies of the work, and fee to the Copyright Office; or has “registration… been made” only after the Copyright Office reviews and registers the copyright?

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“Simple measures” to avoid contributory copyright infringement

Whether a data-center service provider has taken adequate “simple measures” to avoid contributory copyright infringement if it forwarded notices of such infringement to the hosting website – and every alleged infringed material was taken down.

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A claim concerning mainly ownership accrues only once

This case concerns the alleged copyright infringement of a lightning storm graphic that originally appeared on the guitar of Darrell Abbott, late guitarist of the heavy-metal band Pantera.

Buddy Webster is a guitar maker and technician who goes by the name “Buddy Blaze.” In 1985, he modified a Dean ML guitar, produced by Dean, and paid someone to paint a lightning storm graphic on the guitar. In 1987, Webster gave the guitar to his friend Darrell Abbott.

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