Second Circuit Revives Iron Man Theme Copyright Infringement Suit Against Sony

A recent Second Circuit opinion has revived songwriter Jack Urbont’s copyright infringement claim against Sony Music Entertainment, Razor Sharp Records, and rapper Dennis Coles (popularly known as Ghostface Killah). Urbont had brought suit in 2011 against Coles, along with Sony and Razor Sharp, alleging that Coles had improperly sampled Urbont’s “Iron Man Theme” (“Theme”) on
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CDAS Brings in Lindsay W. Bowen to Expand its Copyright, Entertainment and Litigation Practice

Cowan, DeBaets, Abrahams & Sheppard LLP (CDAS) is expanding its litigation, entertainment, and intellectual property practice with the strategic hire of litigator and entertainment attorney Lindsay W. Bowen, who has joined the firm as a partner. Lindsay’s practice focuses on the interplay between creativity and technology.  He represents individuals and companies, from household names to

Supreme Court Determines Objective Reasonableness Should Receive Substantial Weight in Assessing Fee Awards under the Copyright Act, But Not to Exclusion of Other Factors (Kirtsaeng v. Wiley)

For the first time in twenty-two years, the U.S. Supreme Court, in an opinion issued yesterday, addressed the question of when an award of attorney’s fees is appropriate under the U.S. Copyright Act. According to the Court, the objective reasonableness of a losing party’s legal positions should be given substantial weight within a broader analysis

#TRADEMARKS: Registration of Hashtag Marks

The #hashtag, once confined to Twitter, has become ubiquitous across virtually all social media platforms.  The hashtag (formerly known as the “pound” sign) has revolutionized the way information is organized, discovered, and shared online.  Social media users use hashtags – i.e., a keyword or phrase preceded by the hashtag symbol (#) – to identify social

CDAS Client Alert: Federal Trade Secrets Law Provides Potent New Tool For Businesses In Online & Digital Media Space

Yesterday President Obama signed the Defend Trade Secrets Act of 2016 (“DTSA”), the culmination of several years of bipartisan efforts to federalize trade secret protection, placing it alongside the federal copyright, trademark, and patent statutes.  The DTSA – an extension of the Economic Espionage Act of 1996 – should be significant, generally, to businesses concerned
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Give Me A ‘C’ (In A Circle): Cheerleader Uniforms At High Court

Law360, New York (May 9, 2016, 11:07 AM ET) — In August of last year, a Sixth Circuit judge wrote in a dissenting opinion: “It is apparent that either Congress or the Supreme Court (or both) must clarify copyright law with respect to garment design. The law in this area is a mess — and
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Partner Susan H. Bodine Named 2016 Hollywood Reporter “Power Lawyer”

The Hollywood Reporter (THR) has recognized Susan H. Bodine, partner and co-head of Cowan, DeBaets, Abrahams and Sheppard’s Entertainment Practice as a “Power Lawyer” in its 10th annual issue revealing the most influential entertainment attorneys in America. Sue is noted for her work this year on the Roots reboot for A+E Networks, helping structure the
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CDAS Partner Susan H. Bodine Featured in Variety’s 2016 Legal Impact Report

Partner and co-head of Cowan, DeBaets, Abrahams and Sheppard’s Entertainment Practice Group, Susan H. Bodine was recognized in Variety magazine’s “2016 Legal Impact Report.” The annual list includes the top entertainment attorneys that have made a significant impact on the industry over the past twelve months. Sue’s work with “Narcos’” Jose Padilha, including on-going negotiations