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Copyright Law Litigation

Prom Dress Case Shows Difficulty in Protecting Dress Designs

Yesterday the NY Law Journal reported that Southern District of NY Judge John Koeltl dismissed a case brought by prom dress designer/manufacturer Jovani Fashion against 11 other dress designers and retailers for alleged copyright infringement. Jovani had registered several of its dress designs with the US Copyright Office in 2010. It then filed this lawsuit […]

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General Litigation

Facebook Fighting Strange Case in Western NY

This week, a Federal lawsuit was filed in Buffalo NY against Facebook, Inc. and its principal shareholder Mark Zuckerberg, by a man named Paul Ceglia. Ceglia claims that Zuckerberg answered Ceglia’s ad back in the day to help Ceglia develop software for a street-mapping program Ceglia was trying to get started. Ceglia claims he paid […]

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General Litigation

New NYC Bill Proposal: Buy a “Knock-Off” Go to “Lock-Up”!

NYC Councilwoman Margaret Chin has a bad idea for a new law:  Folks who buy a fake designer handbag or shoes would face a misdemeanor charge (a criminal charge punishable by $1,000 fine and up to one year  in jail, per item). That’s buy a fake bag, not sell a fake bag. While it may […]

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Copyright Law General Litigation

Both Album, Individually Issued Track Are Held a ‘Work’ for Damages Purposes

In a stunning blow to Music Sharing site LimeWire, a federal judge ruled today that music companies are entitled to an award for each infringed recording on the LimeWire system when plaintiffs made that recording available as an individual track, even if the user downloaded the tracks at once as part of an album. This […]

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Copyright Law Litigation

Enter the Lawyers!: Bruce Lee’s Estate’s Lawsuit Against Target, Urban Outfitters Can Proceed

The dead can keep earning. Bruce Lee died in 1973, but his family still owns the rights to his imagery and persona.  So its a little shocking to see some large retailers like Target and Urban Outfitters decide to distribute T-Shirts for sale with some of his most iconic images emblazoned on the front, without […]

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Copyright Law Litigation

NY’s Highest Court Allows Suit in NY For Copyright Infringement Occurring Outside of State

New York’s “long-arm statute” permits a Manhattan-based publisher to sue an out-of-state online corporation in NY for copyright infringement, the state Court of Appeals ruled last week. Early in law school, law students learn about “long-arm” jurisdiction; then they try to forget about it as soon as they pass the bar. “Long-Arm” jurisdiction refers to […]

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Copyright Law General

Vitamin Water case – Were Coke’s Lawyer’s Clueless?

Just wanted to add an update on this issue. In the judge’s decision, it states that Coca-Cola did not contest the facts about VitaminWater but instead argued that no reasonable consumer could be mislead into thinking that VW was healthy because  -and here is the kicker-  they claim that Coke never promoted it as a […]

Categories
Copyright Law

NY Court Deals Huge Blow to Digital Image Companies by Invalidating Registration Method

In a decision that could have far-reaching implications for the licensors of digital images, Federal Judge Loretta Preska, the Chief Judge for the Southern District of New York, declared as improper and unenforceable the standard method for registering images by digital image warehouses like Corbis and Masterfile (the biggest of them Getty Images, does not […]

Categories
Copyright Law

Caution: Your Website Images May Be Illegal!

One of the other websites I am associated with   extortionletterinfo.com,  is devoted to the issue of digital imagery on the web and the copyright attached to them.  A number of the world’s largest digital image warehouses, notably Getty Images, Masterfile and Corbis, have begun asserting claims for images controlled by them and used by […]