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“Teeth” of Copyright Law Getting Lots of Attention in 2016
Awards of statutory damages and attorney’s fees give copyright law its “teeth” to discourage infringers. Sometimes, the mere credible possibility of these two remedies can force an early settlement of copyright infringement…
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Screenplay Copyright Infringement Case Highlights Need for Submission Agreements
A basic tenet of copyright law is that it does not protect ideas, which is one of the lessons that two screenwriters learned the hard way in a recent case involving the…
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Bikram Prepares for Appeal to SCOTUS in Copyright Infringement Case
Well that didn’t take long… Yoga guru Bikram Choudhury has begun laying the groundwork for an appeal to the US Supreme Court of his copyright infringement case in which he has lost at…
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Of Trademarks & T-Shirts: Tales of Superdad and a Beast
Purveyors of T-shirts beware: before you invest in a design with a clever play on words or an adaptation of an iconic drawing, consider these two recent incidents that illustrate in divergent…
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9th Circuit Slams the Door on Bikram’s Rehearing Request
The 9th Circuit has rejected Bikram’s request for an en banc rehearing after losing his copyright infringement case at the district court and appellate levels. The three judge panel that heard the…
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Popcorn-Worthy: First Amendment Plays Key Role in Recent Trademark Cases
Two recent cases demonstrate rare intersections of trademark and constitutional law that may require onlookers to get some popcorn ready as the arguments play out in federal courts this year. In Twentieth Century…
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Four Pitfalls to Avoid with Independent Contractor Agreements
Many small businesses utilize independent contractors because they offer certain advantages over hiring employees, like reducing overhead costs and avoiding headaches such as payroll taxes and employment-related claims. Others may hire independent…
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Copyright Claims in Video Game Characters Dismissed in World of Warcraft Case
Gaming behemoth Blizzard Entertainment, makers of the World of Warcraft franchise, suffered a setback when a federal judge threw out the complaint in its copyright infringement case against Lilith Games and co-defendant…
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USPTO Program Lets Trademark Rights Adapt as Technology Evolves
A USPTO program available this fall allows owners to amend their trademark registrations in cases where the goods or services originally identified with their marks have become obsolete and are no longer…
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Three Reasons Why Your Website Privacy Policy May Need Revamping
When launching a website, most small businesses treat their privacy policies as an afterthought. However, a privacy policy that meets any of the descriptions below may need revamping, or else your business…
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Bikram Requests Extension to Consider Rehearing of Yoga Copyright Case
Bikram’s appellate counsel has asked the 9th Circuit for an extension of time to consider whether to file for a rehearing in his yoga copyright case. Apparently the self-proclaimed yoga guru intends to…
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Four Legal Mistakes Small Business Owners Make When Starting Out
In the rush of starting a business, many owners overlook or give short shrift to the critical issues listed below, which can affect the viability of their business or worse, (in the…
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Can’t Take the Heat: No Copyright Protection for Bikram Yoga Sequence
After years of litigation in multiple cases spanning more than a decade, the Bikram Yoga copyright controversy may finally be resolved. In an opinion rendered October 8, 2015, the 9th Circuit Court…
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3 Legal Tips for Bands Looking to Hit It Big
You got into music because it’s your dream. You put up with hours of rehearsals, the rigors of recording, and the hardships of gigging. “What else do I need to do to…
