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Trade Dress Infringement | Van Leeuwen vs Rebel Creamery

Van Leeuwen claims that Rebel Creamery copied their trade dress by using the same kinds of colors, fonts, and minimalist designs, such that their product seems nearly identical to Van Leeuwen's signature elements.

May 09, 2024

A concert; black and white image

BMI Battles Against Leading Concert Promoter Association for Songwriters and Composers

Broadcast Music Inc. went to federal court seeking a court-ordered increase in the royalties to be paid to songwriters and composers from the North American Concert Promoters Association, which represents such concert promoter giants as the various AEG and Live Nation affiliates.

November 08, 2018

Can Street Artists Sue For Unauthorized Use of Their Work?

Adrian Falkner sued General Motors for using a portion of a mural he had painted on a parking garage in Detroit to promote an art gallery without his permission and in a way that only showed part of the mural and left off his signature and other copyright information.

October 20, 2018

A person setting up their camera

TVEyes, Fox News, and the Future of Fair Use

In 2015, the Second Circuit ruled that the four factors that make up the “fair use” exception analysis favored Google Books, and one year later the Supreme Court decided not to take up an appeal, leaving the Second Circuit’s decision in place.

October 09, 2018

A person signing a contract

What is Actually Included in an Inclusion Rider?

Whether inclusion riders will set the entertainment industry on its head and increase the power and presence of minorities in the TV and film world, remains to be seen, but, for those with the bargaining power and will to incorporate an inclusion rider into their own contracts, what matters is the language actually included in those individualized contracts.

September 25, 2018

People shopping for clothes

New Hope For Your Scandalous, Immoral, or Vulgar Trademark

The prohibition against approving immoral or scandalous trademarks has long been controversial, and led to legal disputes over everything from “Madonna”-branded wine in the 1930s to “Bubby Trap”-branded bras in the 1970s to quite a lot of things branded as “MILF” in more recent decades.

September 17, 2018

People watching a movie in a movie theatre

Supreme Court to Decide Whether Copyright Registration or Application is Needed to Bring Suit

The US Supreme Court will soon resolve a split among federal circuit courts regarding when a person claiming copyright infringement can bring an action to defend their property against alleged infringers.

September 07, 2018

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