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Copyright Law Intellectual Property Litigation

Tattoo Artists File Lawsuits Against Video Game Makers Over Sports Games

Fans of athletes know their hero’s tattoos these days. So when a video game maker wants to create a realistic sports game, of course they want to get down every detail of the most iconic players by including exact copies of their tattoos into the athlete’s game avatars. A series of copyright lawsuits brought by […]

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Copyright Law Entertainment Law Intellectual Property Trademark Law

Will Alfonso Ribiero Win His Lawsuit Against Fortnite Over “The Carlton Dance?” (Hint: No)

Actor Alfonso Ribiero played nerdy guy Carlton on “The Fresh Prince of Bel Air” back in the last century. One of the greatest scenes from the show was when Cartlon, home alone, dances wildly to Tom Jones’ hit “Its Not Unusual.” The dance became his signature move and dubbed The Carlton. Now two video game […]

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Constitutional Law Intellectual Property

Will Roy Moore Win His $95 Million Lawsuit Against Sacha Baron Cohen? Hint: No, He Will Lose.

Former Alabama Senate candidate and State Supreme Court Judge Roy Moore has filed a $95 million defamation lawsuit against comedian Sacha Baron Cohen, Showtime and CBS after he appeared on Cohen’s series, “Who Is America?” In July, Moore appeared on the third episode of Who is America?, a Showtime series where the comedian disguises himself […]

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Copyright Law Intellectual Property Litigation

Court Dismisses Lawsuit Over Taylor Swift Song Because Lyrics are Too Banal

U.S. District Judge Michael Fitzgerald of the Central District Court of California has dismissed a lawsuit against Taylor Swift, in which songwriters Nathan Butler and Sean Hall alleged that her hit song “Shake It Off” ripped off the lyrics to 3LW’s “Playas Gon’ Play,” which the pair wrote for the ’90s girl group. Butler and […]

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Intellectual Property Litigation

Pro Se Plaintiff Beats Back Trump Org in Trademark Battle Over iTrump Music App

After a contentious six-year legal battle, the Trump Organization and its phalanx of high-priced lawyers have been beaten down by 40-year-old San Francisco music teacher, Tom Scharfeld. Scharfeld developed a few apps to allow iPhone users to replicate playing musical instruments on their devices. He developed iBones to simulate trombone playing and iTrump to simulate […]

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Constitutional Law Intellectual Property Litigation

SCOTUS Ends Forum Shopping in Patent Cases

Well the docket of the Eastern Texas Federal District Court is going to get much lighter in the coming months and years. In a unanimous 8-0 decision, in a case titled TC Heartland LLC v. Kraft Foods Group Brands LLC, the Supreme Court held that a person or entity claiming patent infringement must bring the […]

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Intellectual Property Trademark Law

SCOTUS to Decide If “Scandalous” “Immoral” Terms Can Be Trademarked

In a case that presents a crossfire of First Amendment and intellectual property issues, the Supreme Court heard arguments yesterday in a case involving an Asian-American band that calls itself “the Slants.” The Slants had been denied a trademark for their name by the US Patent and Trademark Office (USPTO) under a Federal law that […]

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Intellectual Property

Getty Denies Knowing About French Lawyer’s Trolling on Its Behalf

Having waged literally thousands of battles against Getty Images’ copyright trolling program I was not surprised to see that they engaged a French law firm to attack US authors for alleged defamation in France. That’s what happened to a client of mine recently who has a blog that exposes, challenges and criticizes Getty Images’demand letter […]

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Intellectual Property Trademark Law

“3:05 Cafecito Time” Case Shows Limits of a Good Idea

I’m sure Jenny Lee Molina, the founder and principal of the Miami public relations firm JLPR, publicist JennyLee Molina, thought she struck gold when she came up with “#305Cafecito” to designate 3:05pm as the official time in Miami to grab a little cup of Spanish coffee (“un cafecito”). After all, 305 is the area code […]