Year / 2018
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Zeppelin Accuser Will Get Second Bite at Copyright Infringement Apple
The estate of the deceased guitarist from the band Spirit will get a second chance to prove that Led Zeppelin’s “Stairway to Heaven” infringed Spirit’s 1967 instrumental “Taurus” after the 9th Circuit Court…
October 15, 2018 -
Depp Oral Contract with Entertainment Lawyer Invalid, Says CA Court
In an oral opinion regarding an oral contract, a California state court judge ruled that a percentage fee deal between Johnny Depp and his long-time and now former entertainment lawyer Jake Bloom…
September 5, 2018 -
Honey Badger Trademarks Allowed by Court to Live and Fight Another Day
The 9th Circuit recently overturned a summary judgment ruling against the creator of a viral video, allowing his trademark infringement lawsuit over the video’s equally viral catchphrase to continue. The Honey Badger…
August 13, 2018 -
“Work Made for Hire” Pitfalls for Independent Film Makers
The Situation You’re an independent film maker and you need to hire talent, a cinematographer, an editor, and other skilled individuals whose jobs entail potential creative input. However, you’ve heard that if…
July 19, 2018 -
Circuit Split Over Copyright Registrations to Get SCOTUS Attention
The U.S. Supreme Court has decided to weigh in on a circuit split that has been brewing for years regarding interpretation of the statute governing standing to litigate copyright infringement claims, 17…
July 6, 2018 -
Website Accessibility & ADA Lawsuit Update for Small Business Owners
Problems (most notably lawsuits) arising from the interplay between website accessibility for the disabled and the Americans with Disabilities Act (“ADA”) continue to threaten small business websites in 2018 as in years…
June 26, 2018 -
Three Reasons Your Start-Up Might Not Get VC or Angel Funding
Does this scenario sound familiar? You’ve spent months woodshedding either alone or with partners on an idea that you’re sure will take the marketplace by storm. You finally get it off the…
June 16, 2018 -
Result in Zorro Copyright Case is Music to Playwright’s Ears (Mostly)
Playwright Robert Cabell must be singing the refrain from a Meatloaf classic because he won two out of three issues on summary judgment in a copyright infringement case over his musical based on…
June 1, 2018 -
The Saga Continues: LucasFilm Countersued For “Sabacc” Ad Reference
The release of the next installment in the Star Wars universe, “Solo: A Star Wars Story,” is right around the corner, but the next episode in the continuing saga over the trademark…
May 18, 2018 -
Court: Dismissal of Monkey Selfie Copyright Infringement Case Affirmed
Naruto, the Indonesian macaque monkey turned world-famous photographer, will not have another day in court after the 9th Circuit Court of Appeals upheld the dismissal of a copyright infringement case brought on his…
May 14, 2018 -
Trademark Registration for a Series of Creative Works
Clients who are content creators often ask if there is a way to protect the titles of their works. If copyright protection is sought, then the answer is “no,” because short phrases…
April 30, 2018 -
Police Up, Privacy Down After Microsoft SCOTUS Oral Arguments
A case reported on here back in 2016 has finally made its way to the U.S. Supreme Court, where a decision is likely to determine the scope of privacy rights enjoyed by…
March 1, 2018 -
No “Magic Words” Necessary to Transfer a Copyright, Says Court
The 9th Circuit Court of Appeals recently ruled in favor of a software company hit with a copyright infringement suit filed by its founder over the company’s continued use of software integral…
January 26, 2018 -
Not So Shockingly, Trademark Immoral and Scandalous Clause Struck Down
The court in a recent case, In Re: Erik Brunetti, put another nail in the coffin of the Lanham Act’s Section 2(a), finding that the “immoral” and “scandalous” clause of the statute is unconstitutional…
January 17, 2018
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