DC Comics v. Towle: Batmobile Case Outlines “Objects as Characters”
In DC Comics v. Towle, 2013 WL 541430, __ F. Supp. 2d __ (C.D. Cal. Feb. 7, 2013) (“Towle”), the U.S. District Court for the Central District of California found that a vendor of car kits and customization accessories modeled after the famous Batmobile vehicle from the Batman comics, TV shows and movies infringed on
Trademark Law Basics, Part 4: How Do I Choose a Trademark?
This is part four of the CDAS Trademark Law Basics series. If you missed the previous installments, they are available at the following links: Part 1, Why Register a Trademark?, Part 2: Why Conduct a Trademark Search?, and Part 3: What to Expect During the Trademark Prosecution Process. A trademark can be a word, logo,
Trademark Law Basics, Part 3: What To Expect During The Trademark Prosecution Process
This is part three of the CDAS Trademark Law Basics series. If you missed the previous installments, they are available at the following links: Part 1, Why Register a Trademark?, and Part 2: Why Conduct a Trademark Search? The process of trademark prosecution involves you and your trademark attorney filing an application with the United
Amazon Defeats Apple’s False Advertising Claim in “App Store” Lawsuit
On January 2, 2013, the United States District Court for the Northern District of California rejected Apple, Inc.’s claim that Amazon.com, Inc.’s decision to name its marketplace for selling applications (“apps”) the “Amazon Appstore” was false advertising. The decision constituted a significant win for Amazon in its long-running dispute with Apple over Amazon’s right to
Trademark Law Basics, Part 2: Why Conduct A Trademark Search?
This is part two of the CDAS Trademark Law Basics series. If you missed the previous installment, it is available here: Part 1, Why Register a Trademark?, Many small businesses apply to register without advice from an attorney. This is perfectly legal, but can be more costly than you think: the fees and costs associated
Trademark Law Basics, Part 1: Why Register a Trademark?
Welcome to the first part of the CDAS “Trademark Law Basics” series. Over the next month, CDAS attorneys will be explaining the legal and practical basics of trademarks on our IP, Media and Entertainment Law blog. We will also curate the entire series on the CDAS Trademark and Brands Practice Group page. Just like your
CDAS Big Data & Privacy Bulletin 2/10/13
CDAS’s Digital Media Practice Group would like to share some key developments, articles and issues in the world of big data, targeted advertising and privacy law that we’ve been monitoring over the past couple of weeks:
U.S. Supreme Court Says “Enough Already”
In a rare decision involving trademark matters, the U.S. Supreme Court issued a decision in Already, LLC v. Nike Inc., a ruling that will likely impact disputes both inside and outside the trademark arena. The holding, which found that a defendant no longer had standing to cancel a trademark registration that the owner had asserted
Dancing Baby Case Update: Still Going Crazy
Can Universal be held liable for damages for making a misrepresentation in a Digital Millennium Copyright Act (“DMCA”) takedown notice to YouTube? That’s the question that is now cleared for trial in the long-running California case Lenz v. Universal Music Corporation, a/k/a the “baby dancing case,” now in its sixth year.
Court Green Lights Emma Thompson’s “Effie”
In Effie Film, LLC v. Eve Pomerance (11–CIV–7087 (JPO)), the court granted Effie Film, LLC’s motion on the pleadings and found that its upcoming film did not infringe upon the copyrights in two screenplays by Eve Pomerance on a similar historical subject. In addition to paving the way for the Emma Thompson-written film Effie to