Selected Clips From the IP Law Daily

Public.Resource.Org v. Matthew Bender & Co., 11/9/23

Georgia is on the mind of a Tennessee judicial panel

Okolita v., 7/28/23

A seamstress’s feathered costumes are for the children, but much of her complaint is for the birds

Flo & Eddie v. Pandora Media, 7/25/23

Slow and steady doesn’t win the race for these Turtles

Daiichi Sankyo v. Vidal, 7/11/23

Court rejects ‘Apple-to-AstraZeneca’ comparison when it comes to agency patent review

In re: Determination of Rates and Terms for Making and Distributing Phonorecords, 6/22/23

From the ‘not a typo’ department: Copyright Royalty Board finalizes mechanical license rates for the years 2018-2022

Markham Concepts v. Hasbro, 6/22/23

A lesson from the The Game of Life: Everybody pays for their own attorney

Gibson Brands, Inc. v. 225 Parsons, LLC, June 13, 2023

Not blowing smoke: Gibson’s lawsuit over iconic Michigan smokestack survives a jurisdictional challenge

Morford v. Cattelan, 6/12/23

How many ways can a banana be duct-taped to a wall?

Niehues v. Whitemyer, 6/9/23

A ‘Rembrandt of Snow’ will have to prove ownership and artistry

Pearson Education v. Chegg, 6/2/23

Are the answers derivative of the questions? A discovery dispute might provide a clue

In re: Palacio Del Rio, 5/25/23

A River Walk hotel may be pretty, but its design is not unique

Athos Overseas Limited Corp. v. Youtube, 5/16/23

Notice and ‘take-down’ prevails over notice and ‘stay-down’

Al-Bustani v. Alger, 4/27/23

The ability to withdraw a ‘carrot’ does not create the ‘stick’ of right to supervise

In re: Vetements Group AG, 4/21/23

Would consumers make a French connection? TTAB says yes

H&M Hennes & Mauritz v. Unicolors, 4/17/23

Is knowledge of legal and factual inaccuracies in a copyright registration the same as an intent to defraud?

Prepared Food Photos v. DelVecchio Pizza, 4/18/23

Stolen scenes from an Italian restaurant might get chain owner in trouble

Mercedes-Benz Group v. Lenovo , 4/18/23

Stars align? Mercedes claims that Lenovo’s three-pointed star logo is confusingly similar to its own

PalatiumCare v. Notify, 4/13/23

One percent solution: A tiny amount of borrowed source code might be enough to constitute a derivative work

Store Chain v. Gilbert, 4/12/23

Missouri court has Zippo jurisdiction over Florida resident based on a single online sale

Sony Music Entertainment Espana v. Moody, 4/10/23

Not in my House: Legend of the Chicago sound is hit with infringement lawsuit

Sullivan v. Flora, 3/31/23

Group registrants, beware: Use of a convenient Copyright Office procedure might limit the scope of statutory damages

Vila v. Deadly Doll, 3/27/23

If a photograph imitates reality, and reality is wearing a pin-up girl design on her trousers, whose art wins?

Cook v. Maximus International Specialists, 3/23/23

Defendant’s name is Maximus, but Plaintiff has her revenge

Dow Jones v. Juwai, 3/17/23

Tip your server: Dow Jones has domestic cloud servers to thank for its lawsuit against a Chinese company

Rios v. MicMac Records, 3/14/23

‘Artful pleadings’ cannot avoid a copyright claim, a court reminds litigators

Creative Photographers v. Julie Torres Art 3/13/23

Does an exclusive right to grant an exclusive license amount to an exclusive right under the Copyright Act?

Topalsson GmbH v. Bayerische Motoren Werke AG, 3/10/23

Did a luxury carmaker roll one of its suppliers?

Earth Wind & Fire IP v. Substantial Music Group, 3/6/23

Not your father’s Earth Wind & Fire: Complaint takes aim at so-styled ‘legacy’ band

In re: Remo USA, 3/1/23

Blame it on Remo: Mark is too much like a surname to be registered

Mathers v. Dixon, 3/1/23

Will the real SHADY please stand up?

Oppenheimer v. Prutton, 2/28/23

A serial litigator is first past the post at the Copyright Claims Board

SAG-AFTRA v. LABC Productions, 2/24/23

Unhappy union: SAG-AFTRA loses DMCA claim against AT&T

In re: Zarya of the Dawn 2/21/23

Artificial intelligence can’t outwit Copyright Office

Garza v. Everly, 2/10/23

Band of brothers: A legal battle between Don and Phil Everly draws closer to an end

Nolan v. Universal Music Group, 2/9/23

Mr. Nolan if you’re nasty: Songwriter alleges illegal sampling of his 1970s composition

Hermès International v. Rothschild, 2/2/23

It’s not just a bag, it’s a lawsuit: Battle between Hermès and an alleged NFT knockoff goes to the jury

Teichert v. Church of Jesus Christ of Latter-Day Saints, 2/1/23

Church of the Latter-Day Saints confronts a modern-day legal problem

Waite v. UMG Recordings, 1/27/23

Fender Bender: GM clashes with an auto parts dealer, but comes away without a scratch

Wilson Sporting Goods v. Dahlander, 1/26/23

The mighty SLUGGER has struck out

Rick Astley v. Matthew Hauri et. al, 1/26/23

Was Rick Astley rolled by a soundalike?

LKQ Corp. v. GM Global Technology Operations, 1/20/23

Class dismissed: Recording artists must proceed individually in termination cases against their labels

Ahal Al-Sara Group for Trading v. American Flash, 1/23/23

Arabian rights: Cancellation petition filed in Saudi Arabia does not open the door for counter-petition in United States

BMG Rights Management v. MGA Entertainment, 1/19/23

My Humps, My Poops and a ‘slime surprise’

LKQ v. GM Global Technology Operations, 1/20/23

Fender Bender: GM clashes with an auto parts dealer, but comes away without a scratch

Andersen v. Stability AI, 1/13/23

Man versus machine: Artists take on AI-created images

Adlife Marketing & Communications v. Karns Prime and Fancy Food, 1/13/23

A disbarred lawyer continues to haunt his prior clients

Browne v. Clark, 1/11/23

Who’s your daddy: Jamaican dancehall legends take on Daddy Yankee and dozens of other reggaeton stars

Vient v. Highlands News-Sun, 1/5/23

No second act for a frequent litigant in Florida

Bobby Goldstein Productions v. E.W. Scripps, 12/14/22

Don’t cheat a cheater: ION Network accused of improperly rebroadcasting an infidelity-themed show

Tesla v. Wayne Enterprises, 12/8/22

‘S3XY Models’ website has no sex appeal for Tesla, a new complaint asserts

Northeast Supreme v. Northeast Angels, 12/2/22

Boys against girls: Softball league is enjoined from using a baseball training facility’s marks

Nkanginieme v. Appleton, 11/28/22

LOVETTE or leave it in place? Board denies reconsideration over opposition to registration

Getty Images v. Car Culture, 11/14/22

Stay in your lane: Getty can’t force classic car photographer into arbitration proceedings

Punchbowl v. AJ Press, 11/14/22

Who spiked the punch? Punchbowl News did not infringe event planning company’s ‘Punchbowl’ mark

Teva v. Eli Lilly, 10/3/22

Teva-Lilly battle over migraine medication creates a headache of its own for the court

Structured Asset Sales v. Sheeran, 9/29/22

Let’s get it on: Marvin Gaye--Ed Sheeran clash edges closer to trial

River Light v. Olem, 9/27/22

The thong remains the same? Sandal-maker accuses competitor of copying its marks

Lyga v. Warner, 9/21/22

‘Prodigal Son’ was illicit offspring of popular series of novels, a new complaint asserts

Hayden v. 2k Games, 9/20/22

Does an NBA video game ‘transform’ a player’s tattoo? A jury will have to decide

Polaris Innovations v. Brent, 9/15/22

Questions over “vacatur of vacatur” procedure once again rear their head

Shake Shack v. Brand Design Company, 9/9/22

Shake Shack Shakedown? Venerable burger chain pushes back over typeface dispute

Saber Interactive v. Oovee, 8/30/22

Lawsuit brings together two video games, the First Amendment, and a 1960s Soviet tractor

Lopez v. Pandora Media, 8/23/22

Pandora’s royalty policies are no joke to comedian George Lopez

Lee v. Anthony Lawrence Collection, 8/24/22

Fight song of historic black university can’t be the subject of an infringement suit

JTH Tax v. AMC, 8/1/22

In hit show Better Call Saul, art imitates reality, and reality bites back

Estate of Henry Joseph Darger v. Lerner, 7/27/22

A long-running dispute over the legacy of a famously reclusive artist reaches the federal courts

Lang Van v. VNG., 7/21/22

After eight-year saga, copyright owner manages to land an alleged Vietnamese infringer in U.S. courts

Starz v. MGM, 7/14/22

A sharp circuit split emerges over discovery rule damages lookback

Pyrotechnics Management v. XFX, 6/29/22

Digital messages to ignite pyrotechnics system lacked ‘even a spark of creativity’

Crowley v. Jones, 6/22/22

iLicensing 1.0: Lawsuit over scope of text message license survives early challenge

Dramatic Publishing v. Carter, 6/17/22

Dispute over To Kill a Mockingbird stage rights sent back to arbitration

Yonay v. Paramount, 5/6/22

Writer’s heirs have no loving feeling for Top Gun remake

Champlin v. Music Sales Corp., 5/31/22

Writer of ‘After the Love Has Gone’ finds no love lost with his publisher

Goldstein Productions v. Habeeb, 5/24/22

‘Cheaters’ may prosper, but they cannot compel arbitration

Harrington v. 360 ABQ, 5/19/22

Trolling the troll: A rare defense of copyright misuse moves forward

Hermès v. Rothschild, 5/18/22

First Amendment applies to digital tokens for ‘fur-covered Birkin handbag’

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