Matthew Hersh

Copyright lawyer, writer, traveler, 1970s brit-punk enthusiast

SELECTED CLIPS FROM THE IP LAW DAILY



Sketchworks v. Jacobs, 5/12/22

Sendup of ‘misogynistic features’ of the musical ‘Grease’ is protected as parody


Keatley v. The Escape Game, 5/5/22

Maker of ‘The Escape Game’ wriggles free of attorney fees


Acuti v. Authentic Brands, 5/4/22

A happenstance signature on a document does not create a copyright termination right


United King Film Distribution v. Does, 4/26/22

An injunction targeting the operators of infringing websites may test the outer boundaries of judicial power


Wise Man Brewing v. Three Bridges Distillery, 4/22/22

A bridge too far: No protection for brewery named after notable local landmarks


Waite v. UMG, 4/15/22

Pop star John Waite, along with other recording artists of the past, seek to reclaim lost rights


Yeager v. Airbus, 4/20/22

Legendary test pilot’s personal jurisdiction argument won’t fly


Texas Lottery Commission v. Ansari, 4/18/22

One step back: Texas lottery fails to block registration of another ‘Texas Two Step’ mark


Sunlighten v. Finnmark, 3/31/22

A sauna’s appearance on ‘Dr. Oz’ winds up invalidating its patents


Hanagami v. Epic Games, 3/29/22

How long (has this been going on): Lawsuit contends Fortnite Battle Royale infringes well-known “How Long” dance choreography


Illumina v. BGI, 3/27/22

Another California slapdown: San Diego company proves a competitor willfully infringed even without specific knowledge of each purloined patent


Piccard v. Deedy, 3/21/22

No such thing as a ‘publisher infringement’ claim, a puzzled court finds


Parker v. Hinton, 3/9/22

No deposit, no returns: Failure to deposit a song with the Copyright Office precludes royalty lawsuit


Oliver v. Meow Wolf, 3/7/22

A ‘House of Eternal Return’ pays only short-term dividends, an artist contends


Wolman Archives v. Complex Media, 2/22/22

Arise and bear witness: Notorious attorney, now disbarred from practice, can still provide testimony in support of former client


Dellamorte v. The Michaels Companies, 1/27/22

Vampire Diaries (global edition): Sale of a “vampire bat” mug on Amazon and other global platforms held sufficient to support claim of access in China


VHT v. Zillow, 1/26/22

Home free: Zillow escapes major damages in copyright lawsuit over its Digs platform


Garan v. Manimal, 1/25/22

A mention on Jeopardy! bolsters the fame of the GARANIMALS mark


Beata Music v. Danelli, 1/6/22

Good Lovin’ (Gone Bad): Former member of The Rascals fails in bid to assert rights in band name


Elliott v. Cartagena, 1/5/22

Miami rapper draws the short stack over a meeting at the IHOP


In Re DMCA Subpoena to Twitter, 12/29/21

Photos of a billionaire’s ‘hot young girlfriend’ lead to the unmasking of an anonymous Twitter user


Solid 21 v. Breitling , 12/10/21

Red Gold and Green: Maker of six-figure celebrity watch is denied a trial on trademark claim


Broecker v. Widows Sons, 11/15/21

Masonic motorcycle organization casts the first stone, wins round one in lawsuit against fellow biker group


ESI Group v. Wave Six, LLC, 11/9/21

Can you hear me now? Lawsuit for theft of acoustic modeling technology gets the go-ahead for trial


VPR Brands, LP v. HQDTech USA LLC, 10/28/21

Sometimes a cigarette is just a cigarette: Complaint’s reference to “electronic cigarettes” held enough to put defendant on notice of infringement claim


Horror Inc. v. Miller, 9/30/21

Return of Jason: Screenplay for Friday the 13th goes back to its original author


Lubby Holdings LLC v. Chung, 9/21/21

Don’t get high on your own supply: Vaping company overreached in demand for infringement damages


Shepard v. Wo Hop City, Inc., 9/20/21

How to restrain your dragon: Artists win infringement case against legendary Chinatown restaurant


La Michoacana Natural, LLC v. Maestre, 9/7/21

Michoacana’s revenge: Infringement lawsuit over a popular style of Mexican ice cream boomerangs on its filer