21 Apr
Posted by Chad Fitzgerald as Trademark Infringement
Rapper and entertainment mogul Jay-Z sued Boston Red Sox slugger David Ortiz in federal court in New York on Thursday for naming his Dominican Republic nightclub “Forty Forty.” The rapper claims that Ortiz intended to trade on the fame of Jay-Z’s “40/40″ clubs in cities including New York, Las Vegas, and Atlantic City, and that [...]
13 Apr
Posted by Amber as Communications Act of 1934, Political Candidates' Radio Rights, Reasonable Access
Although I now reside in La-La Land and have fully embraced many of its eccentricities like jeans as an acceptable form of cocktail attire, Good Day LA and gourmet food trucks, I am not ashamed and, indeed, am proud of the fact that I hail from Missouri…mostly. That is, until I come across news articles [...]
With the explosion of blogs, Facebook, Twitter, and the like, it is easier than ever for people to vent their frustrations and anger about each other and companies. And those messages can spread through the Internet at a remarkable pace, reaching thousands in a matter of seconds. This can be highly upsetting to someone disparaged [...]
20 Jan
Posted by Randy as Preliminary Injunction, Trademark Infringement
Early last month, outdoor apparel manufacturer the North Face sued college freshman Jimmy Winkelmann and his company, the South Butt, for selling a line of clothing that parodies that of the North Face. Winkelmann sells t-shirts, fleeces, and hats — many of which closely resemble the t-shirts, fleeces, and hats sold by the North Face [...]
12 Jan
Posted by Amber as Extortion, Prosecutorial Discretion
Back in college, my friends and I (like many other students with too much time on their hands) developed a love for the crudely-animated and oftentimes just plain crude, TV show South Park. Although this relationship of love should now more aptly be described as “friends with bennies” (i.e., I will call upon it once [...]
05 Jan
Posted by Suann MacIsaac as First Amendment
In a society where parents fabricate the disappearance of their small child in the hopes of getting a reality television show, it should be no surprise that Erik Estavillo is seeking his fifteen minutes of fame as a serial litigant. However, given the limited and overburdened resources of our federal and state courts, let’s sincerely [...]
For years I’ve been itching to write an article, a blog, an email blast, a Facebook post — just something — to rant about the idiosyncrasies of patent law. I’m not talking about a scholarly, academic work; if you want to learn patent law in a nutshell, go read Patent Law In A Nutshell. Instead, [...]
05 Jan
Posted by Kristen Spanier as Copyright Infringement, Libel, Slander, Trademark Infringement
Last week, San Diego Charger Shawne Merriman filed a lawsuit against reality television personality Tila Tequila. The filing was the latest move in an ongoing battle between the two which started in September of this year. The battle began with Tequila accusing Merriman of choking her after an alleged dispute between the two at Merriman’s [...]
27 Dec
Posted by Chad Fitzgerald as Audiovisual Derivative, Copyright, Film, Option, Work for Hire
Q: When a writer sells the rights to his script to a production company, I understand that the writer no longer has the right to option his script to other production companies, even if he receives a better offer. That being said, does the writer lose all creative control once he signs his name on [...]
Britain’s Got Talent contestant-turned-singing sensation Susan Boyle sold just over 700,000 copies of her debut album, “I Dreamed a Dream,” during its first week of release, debuting at No. 1. According to her record label, Columbia Records, not only did Boyle have the best first week sales of 2009, but also the best-selling album debut [...]

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