Court Finds That Use Of Registered Trademark to Identify Public Domain Cartoon Character is Not Infringement
In the latest phase of a long litigation, the U.S. District Court for the Central District of California, following a remand from an amended Ninth Circuit opinion, held that a company that claimed to have acquired the intellectual property rights in the cartoon character “Betty Boop” could not maintain a claim for trademark infringement against
Eleanor M. Lackman Joins “IP Licensing Issues” Panel at PLI
Eleanor M. Lackman joins the “IP Licensing Issues” panel, part of Practising Law Institute’s IP Issues in Business Transactions 2013 program. The program runs for two full days, Thursday, January 3 and Friday, January 4, 2013, beginning at 9:00am, in New York City. Ms. Lackman’s panel, “IP Licensing Issues,” is on Thursday, January 3 at
Eleanor M. Lackman Joins 2012 Copyright & Technology Conference Panel
Eleanor M. Lackman joins the panel “TV or Not TV: Legal Challenges for Internet Video Services,” part of the day-long 2012 Copyright and Technology Conference – the conference examines the latest developments in copyright and content security – on Wednesday, December 5, 2012 at the Manhattan Penthouse, 80 Fifth Avenue, New York, NY. “TV or
Kenneth N. Swezey Co-moderates “E-Books: The Sequel – Rights, Wrongs and Realities” at 2012 NYSBA EASL Fall Meeting
Kenneth N. Swezey will co-moderate the panel “E-Books: The Sequel – Rights, Wrongs and Realities” as part of the New York State Bar Association, Entertainment, Arts & Sports Law section’s 2012 Fall Meeting, on Thursday, November 15, 2012 in New York City. The full meeting runs from 3:30pm to 6:45pm, followed by its reception at
Zappos’ Focus on Fashion, and Not on Terms of Use, Leads to Contractual Faux Pas
A recent case brought against the online retailer Zappos demonstrates the importance of thought-out drafting when constructing website policies. While it may be tempting to leave terms of use as an inconspicuous hyperlink rather than put them right up front, the consequences can be that those terms are not enforceable at all.
“Born to Rock” Trademark Lawsuit Plays On Against Cafepress.com
The popular online marketplace cafepress.com (“CafePress”) is known for allowing users to upload graphic designs to its website, which then allows users to choose that design or others and have CafePress print it on a wide array of merchandise, including t-shirts, mugs, stickers, buttons, iPhone cases and Halloween accessories. The case discussed here looks at
Einstein Publicity Rights Deemed Expired By California Federal Court
On October 15, 2012, a California federal judge dismissed Hebrew University of Jerusalem’s (“Hebrew University”) lawsuit against General Motors LLC (“GM”) over the use of Albert Einstein’s image as part of a GM advertisement, holding that Einstein’s publicity rights have expired and now fall in the public domain. Hebrew University of Jerusalem v. General Motors
Sweetener Manufacturer Looks to Burst Wrigley’s Bubble
On September 28, 2012, the U.S. District Court for the Northern District of Illinois found that even though there was a “better than negligible chance of prevailing” on its claim that gum manufacturer Wm. Wrigley Jr. Company infringed a sweetener manufacturer’s trademark by using the name “Swerve” for a flavor of its popular sugar-free chewing
Mary E. Rasenberger: Copyright Exceptions for Libraries in the Digital Age
On Friday, November 2, CDAS partner Mary E. Rasenberger will speak at the symposium Copyright Exceptions for Libraries in the Digital Age: Section 108 Reform, at the Jerome L. Greene Hall, at Columbia Law School. Presented in cooperation with the U.S. Copyright Office, the symposium will address Section 108 of the U.S. Copyright Act and
Google Settles Book Scanning Lawsuit With Publisher Group
On October 4, 2012, Google reached a settlement in the Google Books case with the publisher plaintiffs, which include The McGraw-Hill Companies, Inc., Pearson Education, Inc., Penguin Group (USA) Inc., John Wiley & Sons, Inc., and Simon & Schuster, Inc. The Association of American Publishers (AAP) represented the publishers in the settlement, resolving its seven-year