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Category: Litigation

When counterfeiting can’t be presumed

As the judge has mentioned, this is very unusual case. The plaintiff has sued Amazon, claiming that it permitted third parties to advertise on its website six counterfeit copies of books called Vagabond Natural and Vagabond Spiritual that the plaintiff had written and self‐published (that is, published himself rather than handed to a publisher).

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The matter of design feature for trade dress

Plaintiff Arlington Specialties, Inc. does business as Pinch Provisions. It sells personal care kits: small bags containing small portable toiletries like hairspray, stain remover, and deodorant. Plaintiff’s products include a line of kits called “Minimergency Kits,” which come in small fabric bags designed to look like men’s Dopp Kits.

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Russian roskomnadzor has blocked VPN service in Russia

VPN service Hideme.ru has been blocked under Byzylyks district court order in Orenburg province. The court decided that resource provided the internet users with opportunity to receive an access to web-sites, containing extremist materials. Therefore according to the court order the hideme.ru VPN service disseminated information forbidden in Russia.

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The “Heavy Young Heathens” filed suit for missing consideration for and credits in “Lucifer” theme

According to suit Marderosians wrote, recorded and produced the original musical composition and master recording from which the main title theme of the hit television series Lucifer is excerpted. The Heavy Young Heathens were outraged, that, as they believe, their music has been used as Lucifer main title theme, they have not received due consideration for this.

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Don’t confuse unauthorised copying with trademark infringement

Plaintiff Slep-Tone Entertainment Corporation produces karaoke music tracks. The tracks are marketed under the trademark “Sound Choice.” Plaintiff releases them on compact discs encoded in a format known as “CD-G,” which accompanies karaoke music with graphics, lyrics, and singing cues when played on compatible equipment.

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When “retransmission” is a transmission without initial broadcast for copyright clearance purposes

The case concerns the question of retransmission of broadcasts, cf. section 34 of the Copyright Act, when a cable company distributes television channels, which it receives in a closed electronic transmission, but which are broadcast simultaneously via satellite and the terrestrial network.

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When it is also important how your trademark is commercially strong

Lee Jason Kibler, a disc jockey, brought federal trademark infringement, related state law, and federal trademark dilution claims against Robert Bryson Hall, II, a rapper, and professional entities supporting Hall’s work.

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The matter of implied copyright licence

In 1984, Jesus Muhammad‐Ali painted a portrait of the leader of the Nation of Islam, Louis Farrakhan. In 2013, Ali sued The Final Call, a newspaper that describes itself as the “propagation arm of the Nation of Islam,” for copyright infringement. The Final Call, it turned out, admittedly had sold over a hundred copies of Ali’s Farrakhan portrait. Ali nonetheless lost his case after a bench trial. He appealed, arguing that the district court misstated the elements of a prima facie copyright infringement claim and erroneously shifted to him the burden of proving that the copies were unauthorized.

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What’s on first – fair use, plausible pleading ownership of valid copyright or neither?

Abbott and Costello were a popular mid‐Twentieth Century comedy duo. One of their routines, commonly referred to as “Who’s on First?”, has become a treasured piece of American entertainment history.

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