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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 […]

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Constitutional Law Copyright Law Intellectual Property Litigation

Troll Lawyer Denied Attorney’s Fees in Copyright Lawsuit

In an important decision from the Federal Court for the District of Oregon, a court has denied attorney’s fees to a successful copyright litigant because the court ruled that in this instance the award did not further the purposes of the Copyright Act. The lawsuit involves the pervasive litigation filed by porn companies against folks […]

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Copyright Law Intellectual Property

New Copyright Regs Could Screw Website Owners: Seriously, Beware!

From the Electronic Frontier Foundation comes this news: Under a new rule from the Copyright Office, website owners could be exposed to massive risk of copyright liability simply for neglecting to submit an online form on time. The rule could eliminate the safe harbor status that thousands of websites receive under the Digital Millennium Copyright […]

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Intellectual Property Litigation

$1 Billion Lawsuit Against Getty Images Shows Effects of Trolling

Acclaimed photographer Carol Highsmith has filed a Federal lawsuit alleging violations of the Digital Millennium Copyright Act against Getty Images and other parties for their attempt to charge her and others for the use of her own photos. Ms. Highsmith has been praised by the Library of Congress for her donation of thousands and thousands […]

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Constitutional Law Copyright Law

Monkey Can See, Monkey Can Do, But Monkey Can’t Own

On Wednesday, a federal judge said the macaque who famously snapped a picture of himself cannot be declared the owner of the image’s copyright. The photo in question was taken in 2011 on the Indonesian island of Sulawesi, with a camera owned by nature photographer David Slater. But Slater didn’t trip the shutter: the macaque […]

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Intellectual Property Litigation

TV Anchor to Hasbro: “Don’t Name Your Toy After Me!”

From the What-Were-They-Thinking Department comes this story that noted Fox News Channel anchor Harris Faulkner has filed a federal lawsuit in the US District Court for the District of New Jersey against toy giant Hasbro, Inc. over one of its Littlest Pet Shop toy’s that bears her name. For some reason, Hasbro thought it was […]

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Constitutional Law Copyright Law

Plot Thickens in “Happy Birthday” Suit

Two years ago I reported here on a lawsuit filed by NY filmmaker Jennifer Nelson trying to strike Warner Music’s copyright in the song “Happy Birthday.” She had been filming a documentary about the song and was charged $1,500. by Warner to use the song in her film. She then filed her suit seeking return […]

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Constitutional Law Copyright Law Fashion Law Intellectual Property

Nike “Jumpman” Case Shows Difficulty With Copy-Cat Infringement Cases

A Federal Court in Oregon dismissed photographer Jacobus Rentmeester’s claim that Nike’s famous “Jumpman” infringed on his original photograph which inspired the logo. The case doesn’t really break new ground nor is it very controversial; the judge correctly applied the proper legal parameters in my opinion. I’m writing about it though because it’s the kind […]

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Intellectual Property Litigation

Passive ISP Company Found to be Active Participant in Infringement

The Digital Millennium Copyright Act protects Internet Service Providers (ISPs) and other companies that merely provide a place to host content from claims of copyright and trademark infringement for alleged violations caused by companies and individuals who post infringing content. But what about an ISP that merely allow users to connect to allegedly infringing sites? […]