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Entries in Intellectual Property (29)

Naked Cowboy’s Suit Against M&M to Proceed

A U.S. District Court judge has decided that The Naked Cowboy (an entertainer known for wandering the New York Times Square area in his undies, hat and boots while playing guitar) can proceed with his claim for trademark infringement against Mars Inc.  Earlier this year, The Naked Cowboy sued Mars Inc. over a blue M&M cowboy character it developed.  The lawsuit was for $6 Million and alleged trademark infringement and violation of rights of publicity.  The U.S. District Court judge tossed the publicity claim but did not dismiss the trademark infringement claim, despite an argument by Mars Inc. that the M&M cowboy is a parody.  Of note, this story did not begin with a lawsuit as The Naked Cowboy sent a cease and desist letter first, which Mars Inc. apparently ignored.

Photos Posted Online Can Appear in Unexpected Places

Is it okay for a company to take an image found on the Internet and freely utilize it for commercial purposes? Probably not. Although the Internet certainly makes it easy to post, share and download pictures, this online content is not necessarily free for the taking. Unfortunately, many companies do help themselves.

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Posted on Thursday, January 17, 2008 at 01:17PM by Registered CommenterMarcia Sutton in , , | CommentsPost a Comment

Plaintiff Wins by Default Judgment in Copyright Infringement Case

The MPAA brought a lawsuit against TorrentSpy operators for copyright infringement in February of 2006.  The U.S. District Court for the Central District of California recently ruled in favor of the MPAA.  A ruling on damages has yet to occur and TorrentSpy does plan to appeal.  Perhaps the most interesting aspect of the ruling is that it was not necessarily based on the merits of the MPAA’s case. Instead, the Judge issued a default judgment, declaring that the defendants destroyed evidence and that their conduct was “obstreperous.”

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Posted on Friday, January 4, 2008 at 01:07PM by Registered CommenterMarcia Sutton in , , | CommentsPost a Comment

Copyright Infringement: Get ‘Em While They’re Young

This week’s issue of Forbes includes an article about the Entertainment Software Association’s development of a software game for kindergartners. The game is designed to teach the wee ones about copyright infringement. According to Forbes, this educational effort is the brainchild of the entertainment industry which seeks to thwart illegal downloading.

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Posted on Thursday, November 15, 2007 at 09:05AM by Registered CommenterMarcia Sutton in | CommentsPost a Comment

Software & Information Industry Association Expanding Its Reach

You had better think twice before you send a copy of the great article you just read to your entire staff; you could end up entangled in copyright infringement litigation. A California-based market research company recently settled complaints brought against it by the Software & Information Industry Association (SIIA). The company had been internally distributing a variety of third-party owned content including market research reports, news articles and other information. Many companies engage in the same practice and as a result, it doesn’t occur to most people to obtain permission or a license to use the content unless it is going to be used externally. Even if the disseminator of the content knew that technically they should obtain permission prior to use, it’s only being distributed internally, so who’s going to know? That position works fairly well, until one of your employees blows the whistle, which is exactly what happened in this case.

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Posted on Monday, September 10, 2007 at 09:03AM by Registered CommenterJohn Whall in , , , , , | CommentsPost a Comment

LJ’s Top 5 List of What to Watch out For: Second Installment

Here’s another list of coverage provisions to watch for and closely evaluate.   These particular provisions all relate to Tech Professional liability policies.

 

1. Copyright and Trademark infringement coverage should apply to covered services for others; marketing and selling of the insured’s own product and content on the insured’s website.  Watch out for language limiting coverage to products and services for others.   

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Posted on Tuesday, June 26, 2007 at 02:46PM by Registered CommenterLaura Johnson in , , , | CommentsPost a Comment

It’s Electric: DMCA Extends to Dance Moves

Bad news. Any video of your Euclid Managers underwriters doing the Electric Slide will probably not be appearing online any time soon. There may be a variety of reasons to keep the video hidden but, chiefly, those mad moves are copyrighted! And the copyright owner, Richard Silver, is filing complaints against YouTube and others for posting videos of dancers doing the Slide—poorly. Apparently the choreographer doesn’t want people learning or dancing his moves incorrectly. So, he is sending Digital Millennium Copyright Act takedown notices.

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Posted on Monday, February 5, 2007 at 12:10PM by Registered CommenterMarcia Sutton in , | CommentsPost a Comment
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