Wrigley v. Terphogz LLC is a case from the Northern District of Illinois — despite all of the defendant’s efforts to have it moved to California. The case represents a sort of coming of age of the cannabis industry, a reminder that being taken seriously comes at a cost. Terphogz is a California company that…
Zahedi v. Miramax, LLC. is an interesting case from the Central District of California. The decision came out of dueling motions for summary judgment: Miramax trying to dismiss the underlying complaint based on the statute of limitations; and photographer Firooz Zahedi seeking affirmation of his copyright ownership as well as the dismissal of the statute of…
Copyright and trademark lawyers were closely watching a case involving the Phillie Phanatic baseball team mascot called The Phillies v. Harrison-Erickson Inc. Even though the case settled in mid-October, the decision addressed whether copyright registration in a team mascot and its costume could be terminated and renegotiated during the “termination” window provided in U.S. Copyright statute. …
In K & K Promotions, Inc. v. Walt Disney Studios Motion Pictures, legendary stunt performer Evel Knievel posthumously crashed headlong into the District of Nevada with trade dress infringement and right to publicity complaints. Knievel’s estate took issue with a character reminiscent of him in the film Toy Story 4. K & K Promotions, the…
Recently, an article from The New York Times Magazine caught my attention because I received it from both my running buddy and my wife, the latter being a writer. In Who is the Bad Art Friend?, Robert Kolker introduces us to Dawn Dorland Perry (nom de plume, Dawn Dorland) and Sonya Larson — two members…
Speedway Motors had a low bar to hurdle when it submitted three logos to the Copyright Office, at least according to its own filing in the District of Nebraska. In Speedway Motors, INC. v. Shira Perlmutter in her official capacity [as Register of Copyrights]…, the issue was the creativity — or lack thereof — of…
Yellowcake, Inc. v. Hyphy Music, Inc. is a recent case where a musician initially made an oral agreement with a record company, and then a third party interfered. Jesus Chavez, Sr. is a recording artist of considerable renown and commercial viability, leader of the Mexican band Los Originales De San Juan. At some point, Chavez…
Brooks v. Dash came to our attention from the Southern District of New York, but it began years before. The defendant, Dame Dash, ran a seminar for would-be media producers. The plaintiff, Edwyna Brooks, paid the $50 entry fee for the chance to pitch her idea to Dash: making a movie out of her four-book…
In the case of Oasis Legal Finance Operating Company v. Chodes et al., the Northern District of Illinois issued an order for $100,000 in statutory damages, a transfer of domain, and a permanent injunction against the defendant. Months later the court awarded $3 million in attorney’s fees to the plaintiff. The road to this end…
It’s never a good idea to buy something, take it to an artist, and say, “Please make some changes to this, and then make it similar — but not the same — as what I’m giving you.” Unfortunately, that’s part of the fact pattern for defendant in Desire, LLC vs. Manna Textiles (“Manna”) was tried…