“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
Nancy E. Wolff – “What You Need to Know About Copyright”
CDAS partner Nancy E. Wolff joins the panel “What You Need to Know About Copyright, Licensing and Image/Footage Usage Trends” presented by Visual Connections, Wednesday, October 24, 10am, at The Altman Building, 135 West 18 Street, New York City. The panel will discuss a variety of copyright issues including fair use, orphan works, royalty free,
Documentary Filmmaker Successfully Argues Fair Use in Central District of California
A federal court recently ruled that an unauthorized use of film clips in a documentary film satisfied the requirements of the fair use exception under the Copyright Act. In National Center For Jewish Film v. Riverside Films, LLC (C.D. Cal. Sept. 14, 2012), the defendants made a documentary film entitled Sholem Aleichem: Laughing in the
The Dog that Stole Copyright
On September 20, 2012, the District Court for the Eastern District of Missouri, in Harter v. Disney Enterprises, Inc., No. 11-2207 (E.D. Mo. 2012), dismissed a copyright infringement lawsuit that claimed Disney stole the idea behind its direct-to-DVD movies about a dog who helps Santa Claus save Christmas.
California Appellate Court Upholds Amazon’s Anti-Counterfeiting Measures
On August 22, 2012, the California Court of Appeal validated Amazon.com, Inc.’s (“Amazon”) efforts to police counterfeit goods sold by third-parties on its website in Tre Milano, LLC v. Amazon.com, Inc., No. BC460511 (Cal. App.2d 2012). At issue was whether Amazon could be held liable under direct and contributory trademark infringement theories for counterfeit
Louboutin v. Yves Saint Laurent: The High Stakes High Heels
On September 5, 2012, the United States Court of Appeals for the Second Circuit, in Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc., No. 11-3303 (2d Cir. 2012), held that a single color can be used as a trademark in the fashion industry. The highly anticipated ruling is a significant victory for the