Not-So-Compulsory Licence: a Proposed (and Rejected) Solution to Copyright Infringement in Derivative Musical Works

In a recent MTV news article, author Miles Raymer opined over the “hopelessly broken” state of the US copyright system. While such a sweeping statement clearly oversimplifies the state of copyright law in the digital era, there may be some truth to it. Raymer focuses particularly on the tension between an ever-increasing market for derivative works […]

Fashionable Rip-Offs: Independent Artists Accuse Fashion Giant Zara of Copying Their Work

A lot of fashion seems to look the same; such is the nature of trends and functionality. Sometimes the similarities go much further. Fashion behemoth Zara (among others) is no stranger to accusations it copied other designers’ styles. The company is in that spotlight again: this time thanks to assertions that it blatantly ripped off […]

When Life Gives You Lemons, Make (Your Own) Lemonade: Beyoncé Sued for Her Latest Album Trailer

Beyoncé’s Lemonade left a sour taste in at least one person’s mouth. Matthew Fulks, a Louisville-based filmmaker and creative director at the WDRB Kentucky news station, is taking the singer to court for copyright infringement. The plaintiff claims that Lemonade, Beyoncé’s trailer for her latest album, copies “visual and sonic elements” from his short-film “Palinoia.”

Maltz v Witterick: Facing the Facts on Copyright Protection for Historic Events

During the Holocaust, a Polish Catholic single mother, Francizska Halamajowa, secreted 15 Jews away from the Nazis. Two families hid for years in the hay loft of her pigsty, while another family lived under the floor in her kitchen. She also hid a deserter from the German army in her attic. To evade suspicion, she […]

Will Google’s Alphabet Begin with B-M-W?

“A, B, C,…as easy as 1, 2, 3?” That remains to be seen. BMW may be driving Google down a bumpy road named Trademark-Infringement Lane, after Google surprised everyone on August 10th with the creation of a new company, Alphabet. I say this because the trademark “Alphabet” and the domain name alphabet.com are currently owned by German automobile-manufacturer BMW. Following the announcement, BMW reportedly […]

Paying for Delay: Old School Lawyering Meets Compound Interest

Compound interest ought to be the rule rather than the exception in calculating prejudgment interest in litigation involving commercial businesses. It is welcoming to see recognition and expansion of this concept in patent litigation.

“Shoe-in” for Converse? Iconic Sneaker Company puts Foot Down and Sues for Trademark Infringement

Converse, a subsidiary of Nike[1], has recently filed 22 separate lawsuits against 31 retailers and shoe designers, claiming trademark infringement for the design of their classic “Converse All Stars” shoes. Defendants include giant retailers Kmart and Wal-Mart and designers such as Sketchers, Fila and H&M.

Grooveshark Fails to Navigate DMCA Safe Harbor

The recently announced decision of the United States District Court in Manhattan, UMG v. Escape Media Group (Grooveshark), serves to further elucidate the terms on which service providers can expect legal protection if their users are found to be uploading infringing content. More importantly, it gives us an excellent example of the differences between the US […]

Up the creek without a paddle: downstream exclusion threatens Qualcomm.

With echoes of the blockbuster Apple v Samsung case (see past IPilogue coverage here, here and here), The United States International Trade Commission (ITC) announced on Oct 6th that it will move ahead with a section 337 investigation into patent infringement claims made against Samsung Electronics Co. Ltd by NVIDIA Corp. The plaintiff alleges infringement of seven of its patents. This claim could potentially […]

Seeing Double - Two Quicksilvers on the Silver Screen?

Whether you grew up an avid comic-book fan, or just plan on seeing X-Men: Days of Future Past (recently released on May 23, 2014) as well as Avengers: Age of Ultron (scheduled for release on May 1, 2015), you might just “Hulk out” when you see two different Quicksilvers in each film. However, this doesn't implicate a plot line […]