Copyright Infringement

  • Copyright Protection for Recipes – Restaurateur Denied

    Copyright Protection for Recipes – Restaurateur Denied

    Anthony Cartee

    ·

    Copyright Protection for Recipes – Restaurateur Denied Copyright Protection Denied – A federal court ruled that an Ohio restaurateur’s recipes were not protectable under copyright laws. The court issued its ruling earlier this year on a motion for summary judgment, and the plaintiff has since filed her notice of appeal. (Read the full opinion here.) Rosemarie Carroll, plaintiff and owner of Cleveland restaurant, Tomaydo-Tomahhdo, sued her former business partner, Larry Moore, for alleged copyright infringement of her recipe book. When the pair was working together, Moore developed, or was the inspiration behind the recipes. Carroll eventually bought-out Moore’s interest, and… Read More

  • Graffiti Artists Copyright Infringement Case Moves Forward

    Graffiti Artists Copyright Infringement Case Moves Forward

    Anthony Cartee

    ·

    Graffiti Artists Copyright Infringement Case Moves Forward Graffiti Artists Copyright Infringement Case – Italian fashion house Roberto Cavalli will be heading to court after a federal judge overruled its motion to dismiss a copyright infringement case against it earlier this month. (Read the full memorandum here) The clothing and accessories company was sued by three graffiti artists for alleged copyright infringement, unfair competition, and false designation of origin of murals they painted in San Francisco. Jason Williams, Victor Chapa, and Jeffrey Rubin – colloquially known as “Revok,” “Reyes,” and “Steel,” respectively – were commissioned to paint the mural, which they… Read More

  • Grooveshark Loses Copyright Infringement Case to Record Label Giants

    Grooveshark Loses Copyright Infringement Case to Record Label Giants

    Anthony Cartee

    ·

    Grooveshark Loses Copyright Infringement Case to Record Label Giants Grooveshark Loses Copyright Infringement Case – Grooveshark became yet another file sharing website to face defeat against the recording industry for copyright infringement. It came shortly after Sirius XM Radio, Inc. lost to a 1960s band for its infringement of its music. (Read the full opinion here) Grooveshark (the court referred to by its parent company, Escape Media Group) is an online music service that allows users to stream music directly from its site. Although Grooveshark has licenses for some of its music, it doesn’t for all of its content, which is… Read More

  • Trademarking Food – Pizzeria Makes Case

    Trademarking Food – Pizzeria Makes Case

    Anthony Cartee

    ·

    Trademarking Food – Pizzeria Makes Case Pizzeria Makes its Case for Trademarking Food – A federal court in Texas ruled that flavors of a pizza chain’s food and its plating techniques lacked trademark and trade dress protection. The pizza chain, New York Pizzeria, Inc. (NYPI) alleged that Ryandir Syal, a restaurateur, along with other defendants, obtained NYPI’s trade secrets and additional information through a series of other illegal acts. Syal then used the information for a business in direct competition with NYPI, while allegedly infringing on NYPI’s intellectual property. The court’s decision came after Syal made a motion to dismiss… Read More

  • PODS Beats U-Haul – Trademark Infringement Case              

    PODS Beats U-Haul – Trademark Infringement Case              

    Anthony Cartee

    ·

    What began as a trademark infringement case, developed into a battle of possible “genericide” when two popular moving and storage companies went head-to-head in federal court. Back in 2012, PODS sued U-Haul for trademark infringement for its use of “pods” under both state and federal laws. U-Haul countered that it was not infringement, because pods has become a generic term and has lost its distinctiveness in the market. Read More

  • Flo & Eddie Inc v. Sirius XM Radio Inc – Unhappily Together

    Flo & Eddie Inc v. Sirius XM Radio Inc – Unhappily Together

    Anthony Cartee

    ·

    Flo & Eddie Inc v. Sirius XM Radio Inc Flo & Eddie Inc v. Sirius XM Radio Inc – In a legal battle questioning copyright protection for the 1967 hit song, “Happy Together,” the U.S. District Court for the Central District of California held that sound recordings made before February 15, 1972, are granted exclusive ownership rights under California’s copyright laws. (Read the order here) The Turtles – the 1960s band who owns the copyrights to their song “Happy Together” – sued Sirius XM for the satellite radio provider’s unauthorized use of the song. The band claimed that Sirius streamed,… Read More

  • Warner Brothers Trademark Infringement Case – Keeps Clean Slate

    Warner Brothers Trademark Infringement Case – Keeps Clean Slate

    Anthony Cartee

    ·

    Warner Brothers Trademark Infringement Case – Keeps Clean Slate Warner Brothers Trademark Infringement Case – In a case stemming from the 2012 box office hit, The Dark Knight Rises, the U.S. Court of Appeals for the 7th Circuit granted Warner Brothers’ motion to dismiss allegations of trademark infringement made against it for a fictional software program appearing in its film. (Read the decision here) Fortres Grand Corporation owns and sells Clean Slate, a computer security program that can restore a computer hard drive back to its original configuration. It is often used for public access computers in schools and libraries to… Read More

  • Intellectual Property Law – No Dull Moments

    Intellectual Property Law – No Dull Moments

    Anthony Cartee

    ·

    Intellectual Property Law – No Dull Moments Intellectual Property Law – With Labor Day quickly approaching, and Back-to-Work and Back-to-School mentality haunting many of our minds, it’s a good time to reflect on what’s transpired in the IP world so far this year. From the Trademark Trial and Appeal Board (TTAB) revoking the Redskins’ registered trademark, to Aereo taking a hit in the U.S. Supreme Court over copyright in the clouds, the courts have had their hands full with intellectual property issues this year, and given the ever-changing landscapes we face business and technology wise, it doesn’t look like this… Read More

  • Aereo Inc Copyright Loss Leaves Much in the Clouds

    Aereo Inc Copyright Loss Leaves Much in the Clouds

    Anthony Cartee

    ·

    Aereo Inc Copyright Loss Leaves Much in the Clouds Aereo Inc’s Copyright Loss Leaves Much in the Clouds – The Supreme Court recently held that Aereo, Inc., infringed on copyrights belonging to cable broadcasters, producers, distributors, and marketers with its online cable streaming service. See opinion here. As part of its service, Aereo provides each subscriber with their own antenna, which captures cable broadcasted airwaves. The system works similarly to a DVR, allowing a user to watch or record cable programming. The subscriber can access their personal antenna online, and view the programming moments after its original broadcast, or watch… Read More

  • When is it Ok to Use Another’s Artwork?

    When is it Ok to Use Another’s Artwork?

    Anthony Cartee

    ·

    When is it Ok to Use Another’s Artwork? Use Another’s Artwork? – Today we take a look at the case of Seltzer v. Green Day and examine the circumstances under which one may use the creative works of another person. The major issue in the case was fair use of copyrighted material – in this case: artwork. The topic ties in nicely with last week’s post, which dealt with Fair Use in the trademark realm. Background of the Artwork Copyright Case Plaintiff Seltzer is an artist, illustrator and photographer. Defendant Green Day is an iconic rock and roll band. In… Read More