Press "Enter" to skip to content

Category: Litigation

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.

Comments closed

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.

Comments closed

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.

Comments closed

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.”

Comments closed

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?

Comments closed

“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.

Comments closed

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.

Comments closed

MakeUp copyright

Whether a human body part may qualify as a “tangible medium of expression” for Makeup copyright purposes?

Mourabit is a makeup artist, and in 2013, he “did the make up artistry” for a fashion photo shoot organized by W Magazine. Klein was the photographer at the Photo Shoot.

Comments closed

Whether there is a nearly per se rule against trademark protection for a “generic.com” term?

A generic name – the name of a class of products or services – is ineligible for federal trademark registration. Booking.com, an enterprise that maintains a travel-reservation website by the same name, sought federal registration of marks including the term “Booking.com.”

Comments closed

Googles v Google

In 1995, Steven Silvers created the Googles brand. Two years later, he registered the Googles trademark and the internet domain name www.googles.com. The website launched in 1998 as a children’s education and entertainment website. That year, the search engine Google adopted the Google name. Subsequently, in 2005, Silvers sued Google for trademark infringement.

Comments closed