Current Trends in Copyright, Trademark & Entertainment Law: Intellectual Property Law

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Intellectual Property Law

Current Trends in Copyright, Trademark & Entertainment Law

Legal and business commentary on intellectual property and the entertainment industry.
By Tamera Bennett

Post Frequency: 1.6/day

Last Entry: February 05, 2010 at 18:11:54

Monopoly The Game Meets Music Publishing

Posted on February 05, 2010
Hasbro is promoting the 75th anniversary edition of the Monopoly board game. Not only does it have a new circular game board, it contains clips of popular songs from artists such as Beyonce and Rihanna. So, how did they do that? Hasbro had to secure permission to use the underlying songs from the music publishers that [...

Sly Stone Sues Manager For Fraud, Breach of Fiduciary Duty, Cancel Trademark

Posted on February 05, 2010
Sylvester Stewart p/k/a Sly Stone of Sly and the Family Stone filed suit in Los Angeles Superior Court against his longtime manager, Jerry Goldstein, alleging Goldstein stole $80 million in licensing and royalty income, and filed a trademark for Sly and the Family Stone without Stone’s permission...

Roger Miller Estate Continues Battle Over Copyright Renewals

Posted on February 02, 2010
For years, the estate of Roger Miller has battled with Sony Music over the ownership of the copyright in songs written by Miller in 1964. In 1964 Miller was under contract with Tree Publishing, which eventually became part of Sony Music. Pursuant to his exclusive songwriter agreement, Tree owned the copyright for the initial 28 [...

?60 Years Later? Lawsuit May Continue

Posted on February 01, 2010
I made a series of posts at the Ask Before You Act blog here, here and here on the lawsuit filed by author of “Catcher In The Rye,” J.D. Salinger seeking damages for copyright infringement and an injunction against the writer, publisher and distributor of a sequel to “Catcher In The Rye” …...

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Trademark Basics Part 4: After Trademark Registration

Posted on February 01, 2010
In Part 4 of Trademark Basis we explore what happens after you secure a trademark registration. Feel free to review Part 1 “Selecting a Trademark,” Part 2 From Selection to Application,” and Part 3, “Intent to Use.” Q: When should I use the ? symbol or the ® symbol? A: After federal registration the mark should be [...

Trademark Basics Part 3: Intent to Use

Posted on February 01, 2010
In part three of Trademark Basics we explore “intent to use” trademark applications, interstate commerce, and common law rights in trademarks. You may be interested in Part 1 on “Selecting A Trademark” and Part 2 “From Selection to Application...

Yo Quiero Domain Name ? Yum! Brands (Taco Bell) v. Nelson Wellness & Therapy Center

Posted on February 01, 2010
You may have seen Taco Bell’s New Year weight loss campaign, “Drive Thru Diet.” I have to admit, I have sampled the menu. Taco Bell acquired www.drivethrudiet.com prior to the campaign launch in 2010, but did not secure www.drivethroughdiet...

IPAD Trademark Applications Pending for Apple and Fujitsu?

Posted on January 27, 2010
With the launch of the iPad today, is a trademark dispute brewing between Apple, Inc. and Fujitsu? The mark IPAD (U.S. Trademark Serial No. 77913563) was filed with the USPTO January 16, 2010 via the entity IP Application Development LLC, claiming a priority date of July 16, 2009 from an application filed in Trinidad and Tobago [...

Michael Jordan Sues Chicago Grocers False Endorsement

Posted on January 25, 2010
In two separate complaints filed December 21, 2009 in Illinois’ Cook County Circuit Court, Michael Jordan, via his licensing company, alleges two Chicago area grocers violated his right of publicity, engaged in false endorsement, false designation of origin, deceptive business practices, and unfair competition...

How Much Did NBC Pay for ?Lovely Rita? On Conan?

Posted on January 25, 2010
The news abounds that Conan O’Brien ran up the bill at NBC on his last week with extravagant skits and song choices. On his closing night the house band played about 22 seconds of “Lovely Rita,” a song written by John Lennon and Paul McCartney and owned by Sony/ATV Music Publishing...

Trademark Basics: From Selection to Application

Posted on January 19, 2010
by Tamera H. Bennett This post is Part 2 of Trademark Basics. Take a look at Part 1 here on selecting a trademark. Q: How does the trademark application process work? A: Develop a list of possible names and discuss this list with your trademark lawyer...

Trademark Basics: Selecting A Trademark

Posted on January 18, 2010
by: Tamera H. Bennett Today is the first edition in a multi-part post on the basics of the trademark selection and application process. Q: What is a trademark or service mark? A: A trademark is a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of [...

Counterfeit Items For Charity

Posted on January 14, 2010
by Tamera H. Bennett I just posted over at the Ask Before You Act blog some insight on how/when/why counterfeit items can be donated to charities such as homeless shelters. In light of the tragedy in Haiti this week, this may become an even hotter topic as the need for clothing and shoes becomes so apparent for [...

Top 5 Entertainment, Trademark, Copyright Posts of 2009

Posted on January 04, 2010
I feel a little like David Letterman. The Top 5 Viewed posts from this blog for 2009 are…. Number 5: Music Publishing A Good Investment Number 4: Michael Jackson’s Estate: What Happens Next Number 3: Blawg Review #212 Number 2: Michael Jackson Estate: Value of Right of Publicity and the Number 1 post, courtesy of all the students at Full [...

Blawg Review Year in Review

Posted on December 30, 2009
by Tamera H. Bennett Posted December 30, 2009 Once again, the Blawg Review has generated a fantastic selection of dynamic, informative and often funny law related blog posts for 2009. You can read the summary here and be sure to scroll to the bottom for directions on voting for the Blawg Review post of the year...

Is The Post Office In The Music Business?

Posted on December 17, 2009
by Tamera H. Bennett The U.S. Postal Service teamed up with Concord Music Group and released a 13 track CD of holiday tunes that are distributed exclusively at Post Offices and via the USPS website. The album charted at Number 3 on the Billboard album chart on its first week in the stores...

ESNTION v. JONESTM Copyright Claims Dismissed Without Prejudice

Posted on December 14, 2009
by Tamera H. Bennett In January 2008 I blogged about a pending copyright infringement lawsuit over certain master recordings owned by Esntion and allegedly infringed by Jonestm. Judge Lindsay, in the Northern District of Texas (Dallas), issued an order on November 13, 2009 dismissing the claims for copyright infringement and trademark infringement WITHOUT PREJUDICE for lack of [...

Music Attorney Tamera Bennett Quoted In Variety

Posted on November 30, 2009
posted November 28, 2009 I enjoyed participating in the Music Piracy panel sponsored by InternationalESQ and Variety Magazine in Beverly Hills. Reporter Ted Johnson put together a great article summarizing the presentation with quotes from Peter Asher, John Parres, Owen Sloane, Andy Schuon, Tamera Bennett, Kim Guggenheim and Glenn Litwak...

Will The Music Industry Develop A ?Got Milk?? Campaign?

Posted on November 23, 2009
by Tamera H. Bennett When will the music industry develop a “Got Milk?” style campaign to educate consumers on illegal downloads? I presented that question at the International Esq, / Variety sponsored Media and Entertainment Law Series panel discussion in Beverly Hills on November 19, 2009...

Entertainment Law Update Podcast Episode 6

Posted on November 17, 2009
by Tamera H. Bennett Once again, my thanks to entertainment attorney Gordon Firemark for asking me to co-host the Entertainment Law Update Podcast. Episode 6 is available for downloading here. Make sure to take a look at the show notes, which I have summarized below...

Cayman Crocs v. Cayman Porsche: Are You Confused?

Posted on November 12, 2009
by Tamera H. Bennett Does a pair of plastic slip on shoes purchased for $29.99 bring to mind a luxury automobile priced at $51,000? Me neither. But, did you know Porsche is in the shoe business? Me Neither. The parent company for the Porsche auto-maker sued the maker of the slip on shoes in Germany in July [...

Music Attorney Tamera H. Bennett To Speak On Music Piracy Panel

Posted on November 06, 2009
posted November 6, 2009 Texas based music lawyer Tamera H. Bennett will join music industry veterans, James Griffen, Kim Guggenheim, Jim Hillegass, Andrew Schuon, and Owen J. Sloane, Jr. , in Beverly Hills on November 19 to discuss “The Music Industry’s Response to Piracy: Intervention or Innovation...

Songwriters/Music Publishers Make Forbes Top-Earning Dead Celebrities

Posted on November 02, 2009
FORBES Magazine released their annual report on Top-Earning Celebrity Estates last week. Broadway songwriting duo Richard Rodgers & Oscar Hammerstein II placed second on Forbes‘ list with $235 million in earnings. The bulk of their $235 million in combined earnings came from the sale of The Rodgers & Hammerstein Organization and the rights to music [...

5 Steps to Social Networking: Louellen Coker and Tamera Bennett

Posted on October 26, 2009
by Tamera H. Bennett Posted October 26, 2009 ?You Can Social Network: Five Easy Steps to Social Networking? Topic of Speakers Lawyer Tamera Bennett and Technical Writer Louellen Coker at WBODC?s November 2009 Luncheon, Tuesday, November 3rd Women Business Owners of Denton County will hold its monthly luncheon on Tuesday, November 3rd, at Oakmont [...

No Attorneys? Fees: Defendants In Bridgeport Sampling Case

Posted on October 23, 2009
by Tamera H. Bennett Posted October 23, 2009 The Sixth Circuit Court of Appeals affirmed the district court’s denial of the defendants? request that attorney fees be imposed as a condition of granting plaintiffs? motions to voluntarily dismiss WITHOUT prejudice twenty cases of copyright infringement stemming from master use and music publishing sampling...

Lawyer Tamera H. Bennett on FaceBook

Posted on October 13, 2009
Come “Fan” us over at FaceBook. Here’s a taste of our posts…. Bennett Law Office, PC/Tamera H. Bennett Grammy DFW Professional Dev. and Mixer Up Close & Personal with Richard Perna Music Publishing Essentials: An Insight Into Copyright, Licensing, Royalty Collections, & Marketing Time:5:00PM Wednesday, October 14th Location:The Loft, 1135 S Lamar St...

Making Money, Making Movies October 23 Dallas

Posted on October 08, 2009
The Dallas Bar Association Sports and Entertainment Law Section will host its annual “Entertainment Law Bootcamp” on Friday, October 23, 2009 at Poor David’s Pub. This year’s focus is film, from script acquisition to distribution...

Entertainment Law Update Podcast with Tamera Bennett and Gordon Firemark

Posted on September 22, 2009
by Tamera H. Bennett Thanks again to lawyer Gordon Firmark for including me as the co-host on the Entertainment Law Update Podcast. Episode 5 is available here. We discussed hot legal topics including the following: Launchcast Jessica Seinfeld Annie Leibovitz The Ellen Degeneres Show

Allman Brothers Lawsuit Against UMG Proceeds

Posted on September 19, 2009
A New York federal judge denied Universal Music’s motion to dismiss and will allow the Allman Brothers lawsuit over under-payment of digital download royalties proceed to trial. Read more from The Hollywood Reporter blog.

Updates from Tamera Bennett Twitter Feed

Posted on September 15, 2009
Here are a few things I’ve been Tweeting about today. Please follow me on Twitter. www.twitter.com/tamerabennett WSJ LAW BLOG Legal Liberals Ponder How Best to Lose: Since Justice Sandra Day O’Connor’s departure, .. http://bit.ly/lrTUY CREATEPROTECT Producers of The Ellen DeGeneres Show Sued For Copyright Infringement http://bit...

Producers of The Ellen DeGeneres Show Sued For Copyright Infringement

Posted on September 15, 2009
By Tamera Bennett If you have ever watched The Ellen DeGeneres Show you know how integral music is to her programming. She loves to dance. According to court pleadings the production company has used over 1000 sound recordings without payment of the appropriate master use synchronization fee...

Bud Battle Continues in Czech Court

Posted on September 10, 2009
by Tamera H. Bennett I have posted here, here and here regarding the ongoing trademark battle between Czech state-owned brewery Budejovicky Budvar and U.S based Anheuser-Busch (which was bought out by InBev). The ruling by the EU European Court of Justice sent the case back to the Austrian Court to determine what type of protection the Budvar [...

?Woodstock? At Lewisville ?Texas International Pop Festival?

Posted on August 31, 2009
by Tamera H. Bennett Labor Day weekend marks the 40th anniversary of the “Texas International Pop Festival” held just a few miles south of my office at the old speedway. Over 100,000 folks were “Lewd in Lewisville” listening to artists including B...

Protecting Twitter with T(w)ademark

Posted on August 24, 2009
by Tamera Bennett The news has been a twitter about Twitter®, the social networking site, filing a trademark application for the word TWEET, and the current status of the application being suspended pending the outcome of prior filed third-party trademark applications that contain the term “tweet...

Oprah, Oz Fight Acai Berry False Endorsements

Posted on August 20, 2009
Oprah Winfrey and Dr. Memhet Oz do not endorse all those açaí berry products on the market that include their name and/or likeness. Winfrey and Oz, through their business entities, filed a lawsuit against 40 companies for false association and misrepresentation...

Entertainment Law Update Podcast 3 and 4

Posted on August 13, 2009
by Tamera H. Bennett Ready for your monthly dose of all things entertainment law? Talk about speed reading … this is speed listening. Each episode is a great hour of the latest news impacting entertainment lawyers and their clients. As always, thank you to attorney Gordon Firemark for allowing me to co-host the program...

Dallas Arts Advocacy Day August 20

Posted on August 11, 2009
The Cultural Affairs Commission of the City of Dallas and the Dallas Area Cultural Advocacy Coalition will be hosting Dallas Arts Advocacy Day on August 20th. Arts Advocacy Day is an opportunity for everyone interested in the arts to learn more about new media marketing and the economic impact of the arts...

Grammy DFW Music Maker?s Mixer August 16

Posted on August 10, 2009
Come join music industry professionals from the Dallas/Fort Worth Metroplex on August 16 for the kick-off of the Fall ‘09 Grammy DFW Music Maker’s Mixers. CLICK HERE TO RSVP

Cuban Trademarks Sold To Pay Wrongful Death?

Posted on August 05, 2009
by Tamera H. Bennett posted August 5, 2009 The Miami Dade Hearld reported last week that attorneys’ representing relatives of the late Bobby Fuller, who won a $100 million wrongful-death judgment against the Cuban government, are requesting the court order the sale of U...

Co-Branding The Band

Posted on August 05, 2009
by Tamera H. Bennett August 5, 2009 With physical record sales continuing to plummet, recording artists and record labels look for creative ways to co-brand their product. Mariah Carey and her label Def Jam have partnered with ELLE magazine to release a 34-page booklet packaged with her “Imperfect Angel” CD release that includes “lifestyle” advertisements, lyrics and content [...

Michael Jackson Exhibit at US Patent & Trademark Office

Posted on July 16, 2009
by Tamera H. Bennett On July 15 The United States Patent and Trademark Office (USPTO) and the National Inventors Hall of Fame and Museum opened a special exhibit featuring Michael Jackson?s trademark and patent applications. The exhibit, housed at the USPTO office in Alexandria, Virginia, is open through Labor Day weekend...

Copyright Office Fee Changes

Posted on July 14, 2009
Effective August 1, 2009 the Copyright Office will be adjusting some filing fees. The least expensive filing fee is $35 per application by using the online ECO system. Read here for the updated fees. Read here for background on the processing issues faced by the Copyright Office since switching to the ECO system...

Tamera Bennett Interviewed On ?DayBreak USA?

Posted on July 14, 2009
I enjoyed being interviewed by DayBreak USA morning show host Scott West last week regarding the status of Michael Jackson’s Estate and what will happen next. You can listen to the interview by clicking the play arrow below.

No Sequel To ?Catcher In The Rye?

Posted on July 07, 2009
I posted here on June 5 that author J.D. Salinger filed a lawsuit seeking damages for copyright infringement and an injunction against the writer, publisher and distributor of a sequel to “Catcher In The Rye” …. “60 Years Later: Coming Through the Rye...

Michael Jackson Estate: Value of Right of Publicity

Posted on July 02, 2009
by Tamera H. Bennett July 2, 2009 I vacillate between the most valuable asset in Michael Jackson’s estate being his 50% interest in the Sony/ATV Tunes, LLC music publishing catalog and his right of publicity. Estate Tax attorneys are chomping-at-the-bit about the calculation of the value of Michael Jackson’s name and likeness, i...

Surrogacy Lawyer Speaks: Michael Jackson Estate

Posted on July 01, 2009
by Tamera H. Bennett Posted July 1, 2009 I asked California surrogacy lawyer Stephanie M. Caballero to provide my readers a basic understanding of the contractual process involved in surrogacy cases and the rights of the surrogates and/or donors and how this relates to Michael Jackson and his children...

California Probate Attorney: Michael Jackson Estate Process

Posted on June 30, 2009
by Tamera H. Bennett posted June 30, 2009 The news varies from hour to hour whether or not Michael Jackson had a will and is it valid. Only a judge can make the decision if the will is valid and that decision will be months, even years away. Mr. Jackson resided in Los Angeles County, California and passed [...

Michael Jacson Had A Will In Place

Posted on June 29, 2009
by Tamera H. Bennett posted June 29, 2009 Billboard reported over the weekend here and here that Michael Jackson did have a written will. Supposedly the last will and testament was executed in 2002 after the birth of his third child. There may be codicils (amendments to the will) or a completely new will that was created [...

Part 2: Brown, Garcia & Hendrix? Estate Nightmares?

Posted on June 29, 2009
by Tamera H. Bennett with research assistance from Mitch Mitchell James Brown, Jerry Garcia, and Jimi Hendrix all held very different spots in the world of music and entertainment ….. Part one of this post on James Brown is here. Jerry Garcia The latest suit against assets once controlled by Jerry Garcia involves the trust holding the publicity rights [...

Michael Jackson?s Estate: What Happens Next?

Posted on June 26, 2009
by Tamera H. Bennett posted June 26, 2009 Music fans of all ages are mourning the loss of the King of Pop. Almost everyone I chatted with today had a story about the first time they heard “Thriller” or saw the video. I was in high school and stayed up to midnight to see “Thriller” on the [...

Entertainment Law Update Podcast 2

Posted on June 05, 2009
by Tamera H. Bennett Had another great time co-hosting the Entertainment Law Update Podcast with attorney Gordon Firemark. You can hear, download and subscribe to the podcast here. Topics (with lots of links) include: Congratulations to Maren Christensen, Executive VP and General Counsel at Universal Studios, who?s been named Beverly Hills Bar Association?s Entertainment Lawyer of the Year [...

A Sequel To Catcher In The Rye?

Posted on June 05, 2009
By Tamera H. Bennett Author J.D. Salinger, at 90 years-old, filed a lawsuit this week seeking damages for copyright infringement and an injunction against the writer, publishers and distributor of a sequel to “Catcher In The Rye” …. “60 Years Later: Coming Through the Rye...

Earliest Known Sound Recordings Uncovered

Posted on June 02, 2009
by Tamera H. Bennett U.S. News and World Reports published an article this week on sound recordings that were made 20 years prior to Thomas Edison’s invention of the phonograph. Read the article for a great piece of music and sound recording history about the phonautogram...

Copyright Office Improves Processing Time and Service

Posted on May 29, 2009
The message below was distributed the the US Copyright Office today. See my prior post on the topic here. Copyright Office Improves Processing Time and Service A recent Washington Post article focused on the lengthy processing times the Copyright Office is experiencing in wake of its transition from a paper-based to an electronic processing environment...

Texas Music Mini-Conference: History of Texas Music

Posted on May 28, 2009
On Saturday, May 30, Dallas Public Library?s Fine Arts Division will host a one-day conference on the history of Texas music. Twelve sessions will be offered covering a wide range of performers and styles, including Stamps-Baxter and Southern Gospel music, Texas blues, rock bands from the 60s, two noted women in Texas music, the Texas International [...

BLAWG REVIEW #212

Posted on May 18, 2009
By Tamera H. Bennett BLAWG REVIEW #212 “You Don’t Have To Call Me Darlin,’ Darlin’” When I teach music publishing classes or seminars I always give an example to explain the difference between an idea and the expression of an idea...

McDonald Not So McCurry

Posted on May 15, 2009
by Tamera H. Bennett An appellate court in Malaysia brought to an end an ongoing legal battle that began in 2001. McDonald?s corporation sued the owners of the McCurry restaurant in Kuala Lumpur claiming likelihood of consumer confusion between the McCurry name and the McDonald?s trademark...

Brown, Garcia & Hendrix? Estate Nightmares?

Posted on May 13, 2009
by James “Mitch” Mitchell and Tamera H. Bennett James Brown, Jerry Garcia, and Jimi Hendrix all held very different spots in the world of music and entertainment, though there is some arguable overlap given the extent of each one’s influence...

Woody Allen v. American Apparel Heats Up

Posted on May 13, 2009
By Tamera H. Bennett posted May 13, 2009 The lawsuit filed by actor/director Woody Allen over the unauthorized use of his image by American Apparel, Inc. on the billboard shown below is heating up in preparation for trial scheduled to start next week...

Music Publishing Settlement MGMT -w- Sarkozy?s party

Posted on April 30, 2009
By Tamera H. Bennett Read my original post here regarding the use by French President Nicolas Sarkozy’s party of the song Kids by New York songwriters/recording artists MGMT. The settlement for uses outside of the scope of the license granted by SACEM was reported by one source at $47,860 US and another at $39,000 US...

Music Publishing A Good Investment

Posted on April 24, 2009
by Tamera H. Bennett Two hundred million dollars is just a drop in the bucket to purchaser classic song copyrights such as “The Sound of Music” and the “King and I.” I guess that is what Imagem Music Group, a Dutch pension fund, thought when they purchased the music publishing catalog containing the hits and Broadway [...

Don Henley Files Copyright Infringement Lawsuit For Political Videos

Posted on April 21, 2009
by Tamera H. Bennett Songwriters Don Henley and Mike Campbell sued California Assemblyman Chuck DeVore, R-Irvine for copyright infringement for the alleged unauthorized use of the song “The Boys of Summer.” Henley also filed sued for copyright infringement for “All She Wants To Do Is Dance” — which he penned himself...

Entertainment Law Update Podcast Episode 1

Posted on April 21, 2009
by Tamera H. Bennett Glad to be joining Entertainment attorney Gordon Firemark on the Entertainment Law Update Podcast. Episode One gives the listeners some insight into the following topics: SAG & AMPTP have arrived at a deal? The competing ?Octomom? trademark registrations Is giving a (loaded) iPod as a gift an act of copyright [...

Fearless Film Panel Music Handouts

Posted on April 18, 2009
by Tamera H. Bennett Planning on a great time today at the Music Panel in conjunction with the Fort Worth Fearless Film Festival. I may add more links to the post after the presentation depending on any additional topics that are discussed. Music Clearance: This worksheet/form will help the film/tv producer work through how the song and [...

Octomom Trademark Dispute: Texas Trademark Attorney Tamera Bennett Interviewed

Posted on April 17, 2009
Posted April 17, 2009 Texas trademark attorney Tamera Bennett was interviewed yesterday by LAW360, an online legal newswire, to voice her opinions regarding the potential trademark dispute over trademark applications for the term “Octomom.” Stage Set For Tussle Over ‘Octomom’ Trademark By Jesse Greenspan Law360, New York (April 16, 2009) – A dispute could be brewing between a [...

?Octomom? Not First To File Trademark Application

Posted on April 15, 2009
Posted by Tamera H. Bennett April 15, 2009 The Smoking Gun website reports today that Nadya Suleman the woman who gave birth in January to eight babies filed two intent to use trademark applications for OCTOMOM on April 10, 2009. Ms. Suleman filed for the following goods services: (click on links to see USPTO docs) IC 016...

Entertainment Law Update Podcast Launching

Posted on April 14, 2009
Launching April 20th, Entertainment Law Update is an audio podcast featuring Entertainment lawyers Gordon P. Firemark and Tamera H. Bennett. Every month, our hosts and guests will survey the legal landscape of the entertainment industry, discussing the top cases and news stories of interest to lawyers and entertainment business professionals...

Privacy, Libel and Copyright Issues In Social Networking

Posted on April 09, 2009
by Tamera H. Bennett There has been a lot of chatter lately in social networking circles regarding 1) right of privacy; 2) copyright; and 3) libel. Right of Privacy: If I post something on FaceBook®, MySpace®, Twitter? or any other social networking site, do I have a right of privacy, such that my comments cannot be re-published? A [...

Filmmaker?s Panelist Named: Fort Worth Fearless Film Festival

Posted on April 09, 2009
by Tamera H. Bennett posted April 9, 2009 The Fort Worth, Texas Fearless Film Festival announced winners and schedules here. Filmmakers? panels, new this year to the Fearless Film series, survey legal frameworks for as well as resources available to Texas filmmakers in three sessions Saturday, April 18 in the downtown Fort Worth library?s Chappell Meeting Room...

YOU CREATE. WE PROTECT. confusion with CREATE PROTECT

Posted on March 26, 2009
By Tamera H. Bennett posted March 26, 2008 The TTAB ruled today there is a likelihood of consumer confusion between the trademark YOU CREATE. WE PROTECT. for legal services and the stylized mark CREATE PROTECT for legal services. If you glance to the top right of your computer screen you will understand the importance of this decision to [...

?Live Like You Mean It? Possible Trademark Dispute

Posted on March 18, 2009
by Tamera H. Bennett posted March 18, 2009 The State of Wisconsin’s new slogan, “Live Like You Mean It,” has drawn a lot of attention from across the US. Not tourist, but other folks claiming trademark rights in the same phrase. Gov...

The SIMS Foundation Receives 2008 CINDI LAZZARI ARTIST ADVOCATE AWARD

Posted on March 17, 2009
Austin, Texas. On Wednesday March 18, 2009 Austin?s SIMS FOUNDATION will be awarded the 2008 Cindi Lazzari Artist Advocate Award for their tireless efforts in providing low-cost mental health services to musicians and their families. Cindi Lazzari was a well-known and well-respected music attorney in Austin, Texas...

NX35: Denton?s Music Conferette 2009

Posted on March 11, 2009
by Tamera H. Bennett Posted March 11, 2009 Denton, Texas, home of the the amazing North Texas Jazz Bands and great rock ‘n roll, is capturing acts as the make the pilgrimage to Austin for SXSW next week for its own music conference: NX35. There will bands playing on eight stages at night and other music events happening [...

Fearless Film Festival Fort Worth 2009

Posted on March 11, 2009
by Tamera H. Bennett Posted March 11, 209 You have until March 15 to submit your short films (up to 20 minutes? length) in categories ranging from documentary and narrative to experimental, animation, dance, music-video and coming-attractions trailers to Fort Worth’s third annual Fearless Film Festival...

Is Shepard Fairey Transforming Copyrights?

Posted on March 06, 2009
by Tamera H. Bennett Posted March 6, 2008 Appreciate the folks at the Ask Before You Act blog including me in their panel of experts. My latest post at their blog attempts to answer the question “Is Shepard Fairey in the business of infringing copyrights or creating new transformative works?” The post also includes 20 links to various [...

Number 1 Pop Hits from Rockmasters International Administered by Bennett Law Office, PC

Posted on March 06, 2009
Dallas, Texas. It?s true, ?If You Wanna Be Happy?(#1 1963) dance til? a ?Quarter To Three?(#1 1961). The song and master catalog of legendary Norfolk Sound creator Frank Guida are re-born, digitally mastered, and available for licensing opportunities...

Why I Like Being A Texas Lawyer

Posted on March 05, 2009

Copyright Infringement and French Presidential Elections

Posted on February 25, 2009
by Tamera H. Bennett Posted February 25, 2009 Just this week I posted an update here on the dispute between Jackson Browne and John McCain over the use of the song “Running On Empty” in a campaign ad. The issue of using songs without permission in political campaigns has now moved to France...

Jackson Browne v. McCain Moves Forward

Posted on February 24, 2009
by Tamera H. Bennett posted February 24, 2008 The court in Browne v. McCain (Central Dist. Cal. CV 08-05334-RGK (Ex)) denied McCain’s and The Republican National Committee’s motion for summary judgment requesting a dismissal of the copyright infringement case brought by songwriter Jackson Browne...

Bob Marley ?One Love? of Merchandising?

Posted on February 12, 2009
by Tamera H. Bennett posted February 12, 2009 Bob Marley’s estate inked a merchandising agreement with private equity group Hilco Consumer Capital for the rights to license not only the reggae singer’s name & likeness, but also other branded products under the Tuff Gong, One Love, Three Little Birds, Catch A Fire and Relics of Antiquity names...

Happy Birthday Litigation Barbie

Posted on February 10, 2009
by Tamera H. Bennett Once again, I appreciate the Ask Before You Act blog allowing me to contribute my thoughts. This month we “jump in the Barbie Camper” and go back in time for a look at trademark and copyright litigation surrounding the Barbie brand...

Hagar Not So Cabo Wabo With Franchisee

Posted on January 28, 2009
By Tamera H. Bennett Rocker Sammy Hagar sued a Fresno developer who franchised his popular Baja California cantina and nightclub, saying his Cabo Wabo brand is denigrated. Hagar alleges he was never paid royalties for the use of his Cabo Wabo brand. Red Head, Inc...

Michael Jackson Not ?Thrilled? Over Lawsuit

Posted on January 28, 2009
by Tamera H. Bennett Michael Jackson was sued this week for defaulting on payments due John Landis, the filmmaker who co-wrote and directed the “Thriller” video . Landis’ credits include Animal House, The Blues Brothers and Trading Places...

Spirit Music Group Acquires Fats Washington Song Catalog

Posted on January 23, 2009
by Tamera H. Bennett posted January 23, 2009 Congratulations to our clients and friends, the Washington Family, in the acquisition of the Fats Washington music publishing catalog by Spirit Music Group. January 15, 2009 ? Spirit is proud to announce the purchase of the complete publishing catalog of Ferdinand ?Fats? Washington, a pioneering Blues and R&B songwriter best [...

MIDEM Music Publishing Deals 2009

Posted on January 21, 2009
by Tamera H. Bennett Posted January 21, 2009 MIDEM, the world’s largest music convention and trade show is wrapping up today in Cannes, France. There are over 8000 attendees from 80 countries. Many deals are finalized during MIDEM and many new relationships forged...

State of Music Publishing Business

Posted on January 09, 2009
by Tamera H. Bennett FORBES reports today the Music Publishing business is booming, even if other parts of the music industry are suffering. As a side note … I walked in the steps of many amazing publishers and songwriters last week as I entered the doors of the Brill Building in New York City...

Popeye Compared to The Wonderful Wizard of Oz

Posted on January 06, 2009
by Tamera H. Bennett Thank you to the Ask Before You Act blog for including my blog posts on their site each month. The news is out that beloved sailor Popeye became part of the public domain in the EU on January 1, 2009. Before folks start scrambling to start reproducing Popeye t-shirts, posters, films and cartoon [...

2008 Top Posts at Current Trends

Posted on January 06, 2009
Posted by Tamera H. Bennett The top blog post for 2009 on this blog based on traffic is Protecting Fraternal Trademarks: Delta Sigma Theta Settles. What makes this such an exciting post … the mention of the sorority Delta Sigma Theta. I was asked by Greg Lambert to list my favorite blog posts of 2008...

Blawg Review #191 ? Likelihood of Confusion Blog

Posted on December 22, 2008
by Tamera H. Bennett Posted December 22, 2008 Blawg Review #191 is up at Attorney Ron Coleman’s Likelihood of Confusion Blog. Thanks Ron for including our post Merry CHRISTMAHANUKWANZMADAN in your review. Happy Chanukah!

Merry CHRISTMAHANUKWANZMADAN Trademark

Posted on December 17, 2008
When You Care Enough To Send The Very Best® ?. you know what you send, a Hallmark® brand card. What if you want to send something a little different this holiday season or you just truly wish to share in the joy of all beliefs? You might consider a card from one of the folks below...

Budweiser Lost EU Trademark Battle

Posted on December 17, 2008
by Tamera H. Bennett Posted December 17, 2008 The BBC reports that Anheuser-Busch lost its battle to secure the mark Budweiser in the European Union to encompass all 27 EU member countries. Anheuser-Busch does have protection in 25 of the individual EU states...

Tyler Perry Wins Copyright Infringement Suit

Posted on December 16, 2008
by Tamera H. Bennett Posted December 16, 2008 See original post here regarding copyright infringement lawsuit against Perry for Diary of A Mad Black Women. Jurors in the East Texas town of Marshall found that the Plaintiff, Donna West, did not present evidence that supported her claim of copyright infringement...

Legalish Topic ?Follows? On Twitter

Posted on December 12, 2008
by Tamera H. Bennett Posted December 12, 2008 This is part two of a post started earlier on how I gather legal/news information. Part one is here regarding the blogs I have on RSS feed. I am right at the 60 day mark of using Twitter. What a crazy, fun, informative community...

IP Blog Roundup: Serious With A Dash of Fun

Posted on December 09, 2008
by Tamera H. Bennett December 9, 2008 I just posted over at the Ask Before You Act blog links to blogs that addressed serious IP issues last week with fun subject matter. For a little light reading … click on over.

Happy Second Anniversary Blog

Posted on December 08, 2008
By Tamera H. Bennett Posted December 8, 2008 I’m singing “Happy Annivesary baby, I’ve got you on my mind.” Hard to believe the first post on the blog went up two years ago. I started blogging really as an experiment to see if I could increase traffic to my website and bring in a few more clients...

IP Blogs I Read

Posted on December 05, 2008
by Tamera H. Bennett Posted December 5, 2008 Part 1 of 2 Between newsfeeds, blogs, Twitter, and other social networking cites we are often bombarded with information and have a difficult time sorting the wheat from the chaff. I wanted to share some of the great daily resources I use to keep abreast of legal and business changes [...

Current Trends Blog at USLAW.COM Blogs

Posted on December 05, 2008
Thanks USLAW Blogs for including the Current Trends In Copyright, Trademark & Entertainment Law blog in your blog links.

IP Insurance Claims On The Rise

Posted on December 04, 2008
By Tamera H. Bennett Posted December 4, 2008 “Expect to see more and more companies file insurance claims over intellectual property, or IP, infringements as times get tougher….” Read the full article here from NJBIZ. Keep in mind that your friendly insurance agent that carries the policy for your home, auto and business contents most likely will not [...

Record Labels? Bankruptcy Hurts Artists Again and Again

Posted on November 20, 2008
by Tamera H. Bennett My good buddy attorney Craig Barker is hard at work in Austin supporting the rights of recording artists. Craig has worked tirelessly to secure royalty payments for the Don Walser family on masters Mr. Walser recorded under contract with Watermelon Records...

Alltop Selects Current Trends In Copyright, Trademark & Entertainment Law Blog

Posted on November 20, 2008
by Tamera H. Bennett I am excited to announce that the Current Trends in Copyright, Trademark & Entertainment Law Blog has been included at Alltop as part of its “online magazine rack” where Alltop aggregates RSS feeds on many topics, including law...

Indie Record Deal Advances Explained

Posted on November 18, 2008
by Tamera H. Bennett posted November 18, 2008 Here is a link courtesy of Know The Music Biz to a good general explanation of how an indie record deal works in regards to advances of recording costs. I would just add that even though mechanical royalties are not usually calculated into the advance, they are an ongoing expense [...

Mad Black Copyright Infringement

Posted on November 17, 2008
By Tamera H. Bennett Posted November 16, 2008 The trial against Tyler Perry, his production company and Lions Gate Entertainment, Inc. is set to start on December 3 in the Eastern District of Texas. The plaintiff, Donna West, who filed the May 2007 lawsuit in U...

?Flip This? A&E: Trademark Properties Wins Lawsuit

Posted on November 13, 2008
by Tamera H. Bennett Posted November 13, 2008 Variety reports: A federal jury in Charleston, S.C., has awarded “Flip This House” creator Richard C. Davis $4 million in damages in his suit against cabler A&;E. Davis contended that he had an oral agreement with the net that guaranteed him a 50-50 split of the revenue from the real [...

Obama Trademarks Waste of Time and Money

Posted on November 12, 2008
by Tamera H. Bennett Posted November 12, 2008 The Smoking Gun blog reported yesterday the increase in trademark filings that include a reference to President-Elect Obama. A quick search of the USPTO database yields 32 live applications and 11 dead applications that include the word “Obama...

Copyright in the Theatre: Dramatically different!

Posted on November 05, 2008
Guest Post by Gordon P. Firemark November 5, 2008 Gordon P. Firemark is an entertainment attorney in Los Angeles, California. His practice is a mix of Theatre, Film, Television and Music law, with a sprinkling of technology and new media thrown in for flavor...

Google, Book Publishers: What Could Have Happened

Posted on October 31, 2008
By Tamera H. Bennett Posted October 31, 2008 In June 2006 I presented an article to the State Bar of Texas Intellectual Property Law Section on the Google Library Project. My article addressed the various defenses Google might raise and why I felt they would fail...

Whassup: All Grown Up

Posted on October 30, 2008
by Tamera H. Bennett posted October 30, 2008 Thank you to attorney Marty Schwimmer for letting me know Whassup. The idea people behind the famous Budweiser Whassup campaign 8 years ago retained the rights to Whassup and have now created a spot supporting Barack Obama that is on YouTube...

Top Earning Celebrity Estates

Posted on October 29, 2008
by Tamera H. Bennett posted October 28 2008 FORBES released today information on the top earning celebrity estates from October 2007 to October 2008. The Elvis Presley Estate continues to top the list at 52 million… thirty years after his death...

UAE No Collection of Music Royalties; No Reciprocity

Posted on October 28, 2008
by Tamera H. Bennett Posted October 28, 2008 Sometimes we exist in our own bubble and forget that the creators and copyright owners in certain other countries do not have the same benefits as creators and copyright owners in the US. I’ve been tracking the music business in the UAE (United Arab Emirates) which is a Middle Eastern [...

Google and Book Publishers Settle

Posted on October 28, 2008
by Tamera H. Bennett Posted October 28, 2008 The Authors Guild, the Association of American Publishers (AAP), and Google today announced a groundbreaking settlement agreement on behalf of a broad class of authors and publishers worldwide that would expand online access to millions of in-copyright books and other written materials in the U...

Fair Use ?Holding Out For A Hero?

Posted on October 27, 2008
by Tamera H. Bennett posted on October 27, 2008 The Rev. Fred Phelps’ church, known nationwide for picketing funerals of soldiers killed in combat, has been accused again of violating copyright laws, this time with an Internet video parody of the song “Holding Out for a Hero...

Are Public Domain Songs Used More In Film?

Posted on October 23, 2008
by Tamera H. Bennett Posted October 23, 2008 Thanks again to the Copyright Law Twitter for the heads up on this article. Professor Heald, (visiting professor at the University of Chicago Law School) presented a paper this week that looked at a group of the most valuable musical compositions made between 1913 and 1932, and the frequency with [...

Dell & Universal Music Pre-Load PCs with mp3s

Posted on October 23, 2008
by Tamera H. Bennett Posted October 23, 2008 In a press release issued today, Dell announces a partnerhsip with Universal Music Group to provide pre-loaded mp3 content for Dell PCs. As part of this unique offering, Dell and UMG have created 50 and 100-song music bundles starting at $25, each of which includes a curated selection of MP3s [...

When a Piece of Your Childhood Dies

Posted on October 22, 2008
Posted October 22, 2008. In memory of my Daddy on his birthday. Tuesday, March 20, 2007 When a Piece of Your Childhood Dies Today we went to a funeral, and as funerals go, it was fairly normal: Christian songs (about hope), prayers, and lots of kleenex...

Motorcycle Gangs Own Trademarks?

Posted on October 22, 2008
by Tamera H. Bennett Posted October 22, 2008 The Mongols are a motorcycle gang that have been accused of some not so nice things. Imagine the worst and then imagine some more. It was reported in the San Francisco Chronicle today that: A federal judge on Wednesday barred the Mongols motorcycle gang from wearing or distributing its trademarked [...

Grateful Dead Attorney Dies

Posted on October 22, 2008
By Tamera H. Bennett Posted October 22, 2008 Hal Kant, the 30 plus year attorney for the Grateful Dead passed away this week. Probably 8 or 10 years ago I read an article in which Mr. Kant stated he could never present a contract to the members of the Grateful Dead if it was more than two [...

Lending Money on Music Row

Posted on October 22, 2008
by Tamera H. Bennett Posted October 22, 2008 Interesting article on how the downturn in the economy is impacting the banking business in Nashville. Music publishing is still a safe bet for lenders. PS. I knew banker Lisa Harless when we both still had big hair...

No More 7 Second Delay For 7 Dirty Words?

Posted on October 20, 2008
By Tamera H. Bennett posted October 20, 2008 On October 2, 2008 I was honored to be on a legal panel with Dale Head, Laura Prather and Scott Gilmore discussing the future of radio and its interaction with the music business at the 18th Annual Entertainment Law Institute in Austin...

Why ?Poor Man? and ?Creative Commons? Copyright Do Not Work

Posted on October 20, 2008
by Tamera H. Bennett Posted October 20, 2008 Thanks to the Copyright Law Twitter from Prof. Michael Scott for this tidbit. The indie record label Quote Unquote Records uploads its artists tracks to the its webhost to give the music away for free on its website...

BlogCast: ?Barracuda? and the McCain/Palin Campaign

Posted on October 20, 2008
Welcome to our inaugural Create Protect Podcast or what I feel is more like a “BlogCast.” We will be providing a summary of the BlogCast along with the audio right here on the blog. We welcome your questions, comments and ideas on how make this an educational tool you will use...

Product Placement Via Online Placement

Posted on October 20, 2008
by Tamera H. Bennett posted October 20, 2008 Interesting post at the LA Times Blog regarding online product placement company Place Vine.

EMI Licenses Song Lyrics For Clothing Line

Posted on October 19, 2008
by Tamera H. Bennett Posted October 19, 2008 Lyrics from songs controlled by EMI Music Publishing will soon be found on clothing U.K. retailer Sainsbury?s Tu Clothing. The agreement marks the latest in a series of initiatives from EMI Music Publishing?s Lyric brand, with art posters, greeting cards and board games launched in recent years...

CINDI LAZZARI ARTIST ADVOCATE AWARD

Posted on October 16, 2008
SOLICITATION OF NOMINATIONS FOR THE CINDI LAZZARI ARTIST ADVOCATE AWARD The Texas Entertainment and Sports Law (TESLAW) Section of the State Bar of Texas is soliciting nominations for the recipient of the 2009 Cindi Lazzari Artist Advocate Award. The award is named for the late Cindi Lazzari, a Texas attorney who went far beyond the call [...

Band Instruments For Ike Victims

Posted on October 15, 2008
by Tamera H. Bennett Posted October 15, 2008 The Grammy organization (NARAS) is collecting band instruments to help replace those destroyed by Hurrican Ike. If you have something to donate, please read the message and contact the organization directly...

McCain DMCA Take Down

Posted on October 15, 2008
by Tamera H. Bennett October 15, 2008 There is a lot out there regarding YouTube taking down McCain’s political campaign videos because they use third party copyrighted material. Links to interesting reading: Link to the letter to YouTube from McCain PCMAG Electronic Frontier Foundation WIRED CNET

Google: Copyright Infringement In Germany

Posted on October 14, 2008
by Tamera H. Bennett posted October 14, 2008 Bloomberg reports the Regional Court of Hamburg ruled on October 13, 2008 that Google’s use of thumb nail images is an act of copyright infringement. If you locate a copy of the opinion in English, please send me a link...

Music Law Bootcamp 2008

Posted on October 14, 2008

SongVest: Do You Really Own The Song?

Posted on October 14, 2008
by Tamera H. Bennett Posted October 14, 2008 SongVest describes itself as “music memorabilia with royalty checks.” Add this to your collection?the music rights to your favorite song. SongVest is a music auction breakthrough that connects fans with the songwriters behind the music they love...

Trademarks In Vegas, May Not Stay In Vegas

Posted on October 13, 2008
by Tamera H. Bennett October 13, 2008 Thanks to Las Vegas Trademark Attorney Ryan Gile for a great original post and update on the trademark dispute over “Plaza” between the owner of the Plaza Hotel & Casino in Downtown Las Vegas and the El-Ad Group, Ltd...

Copyright Week In Review

Posted on October 07, 2008
by Tamera H. Bennett Posted October 7, 2008 I am honored to be guest blogging at the Ask Before You Act blog. If you would like to learn more about the The Enforcement of Intellectual Property Rights Act of 2008, Webcaster Settlement Act of 2008 (H.R...

Cassette: Goodbye My Friend

Posted on September 29, 2008
by Tamera H. Bennett Posted September 28, 2008 My first new car was an ‘89 two-door, white Grand Am. It was the bomb, before we even knew things could be the bomb. Because I was starting a career in the music business my sister stuck-up for me on the additional expense of getting a cassette [...

The IP Czar Is In The Building ? sort of

Posted on September 28, 2008
by: Tamera H. Bennett September 28, 2008 On Friday, September 26, 2008, the Senate approved bill S.3325 which creates an executive level “Intellectual Property Enforcement Coordinator” requiring Senate confirmation. The new IP Czar and her/his staff will report directly to the President and Congress on domestic intellectual property issues and is tasked with creating a nationwide [...

MIGHTY MOUSE FLIES TO COURT

Posted on May 21, 2008
by: Tamera H. Bennett May 21, 2008 Man and Machine, Inc. sued Apple, along with CBS, for trademark infringement over the name of its wireless “Mighty Mouse” device. The Houston Chronicle reports today: Apple started selling computer mice under the name “Mighty Mouse” more than a year after Man & Machine Inc...

Raising Funds To Start A Record Label

Posted on May 02, 2008
by: Tamera H. Bennett May 2, 2008 This is NOT our client. From the Fort Worth Star Telegram: Charles Ray Fuller must have been planning one big record company. The 21-year-old North Texas man was arrested last week for trying to cash a $360 billion check, saying he wanted to start a record business, authorities said...

Posted on April 24, 2008
By: Tamera H. Bennett and Stephanie A. Prince Below is a summary of some of the copyright cases filed in the Northern District of Texas during the first quarter of 2008. Northern District Arcadia(MSI) v. Univision Communications, Inc. (4:08cv023y) Arcadia, an Austrian company engaged in the business of publishing and distributing musical works along with Premier [...

Trademark Laches: It?s ?Greek? To Me

Posted on April 23, 2008
by Tamera H. Bennett April 23, 2008 Forty-seven years ago Thomas Kenneth Abraham d/b/a Paddle Tramps started selling keepsakes to sororities and fraternities, featuring Greek letters and house insignia. Now the Greeks are saying stop it. A lawsuit in Southern Florida, naming Abraham as one of seven defendants, was dismissed April 1, 2008 because of lack [...

Seton Hall Call For Journal Articles

Posted on April 23, 2008
by Tamera H. Bennett April 23, 2008 The folks over at Seton Hall Law Review requested I pass along the following information: Journal of Sports and Entertainment Law Call for Submissions! The Seton Hall School of Law Journal of Sports & Entertainment Law is seeking submissions for possible publication in future issues...

Congratulations Melody Wilkinson

Posted on April 09, 2008
by Tamera H. Bennett Congratulations to our friend and colleague Melody Wilkinson on winning the run-off election for the republican nominee for judge of the Tarrant County, Texas 17th Judicial District. It was a close one. Twenty votes made the difference.

Storm Troopers In The Courtroom

Posted on April 08, 2008
by: Tamera H. Bennett Testimony began today in Britain to enforce a 2006 California court judgment against a British prop designer held liable for copyright and trademark infringement of the Star Wars’ “Storm Trooper” design. Andrew Ainsworth, sculpted the Stormtrooper helmet for the first “Star Wars” movie in 1977...

Stop It (whine) We Own Magenta

Posted on April 04, 2008
by Tamera H. Bennett and Katherine Stimson April 4, 2008 Deutsche Telekom, better known as T-Mobile in the U.S., sent a cease and desist letter this week to technology blog ENGADGET MOBIL demanding it ceases using the color magenta on its website. Deutsche Telekom holds hundreds of trademark registrations for everything from clothing and beer [...

Rock Star Attorneys at SXSW

Posted on March 12, 2008
By Tamera H. Bennett March 12, 2008 If you can’t be rock star, be a Rock Star Attorney. That’s my motto. My plan, beginning Thursday, is to bring daily updates on hot legal and business topics addressed at the SXSW Music conference. The Rock Star attorney shirt above is offered by the Entertainment & Sports Law [...

?A? Is for Ask

Posted on March 10, 2008
by Tamera H. Bennett March 10, 2008 I am starting a post on asking permission with the following statement: The IP ADR Blog has a great idea in which they are working through the alphabet for post topics. Do I need permission from them to use this same idea? I think not...

Lipstick Jungle Product Placement

Posted on February 29, 2008
Tamera H. Bennett February 29, 2008 Clearly Maybelline cosmetics has signed on as a BIG advertiser for the new hit show Lipstick Jungle. I have been waiting for an actual product placement to occur in the program. Last night you had to be listening close to here the reference to an upcoming Maybelline photo shoot...

Ben Stein Expelled

Posted on February 27, 2008
by Tamera H. Bennett February 27, 2008 I had a wonderful opportunity last week to see a producer’s cut viewing of the documentary Ben Stein Expelled No Intelligence Allowed. No matter your personal belief, I encourage you to attend the film when it opens in April to see Ben Stein’s scientific journey through the theories of intelligent design [...

Design Piracy Prohibition Act

Posted on February 26, 2008
by Tamera H. Bennett February 26, 2008 Thanks to Counterfeit Chic for this update on the pending Design Piracy Prohibition Act.

WalMart, iTunes, Amazon

Posted on February 26, 2008
by Tamera H. Bennett February 26, 2007 Thanks to attorney Catherine Hough for this interesting link on how iTunes has overtaken Amazon as the second largest retailer of music. Not just downloads, but physical CD sells, too.

Partner Does Not Equal Copyright Joint Owner

Posted on January 31, 2008
by Tamera H. Bennett January 31, 2008 We have fact patterns come through the door frequently where a partnership or other business relationship has gone south and suddenly one partner is claiming co-ownership or co-authorship of copyrighted works by virtue of the business relationship of the parties...

Jokes and Copyright Law

Posted on January 31, 2008
by Tamera H. Bennett January 31, 2008 Interesting post by Professor Patry regarding the unauthorized publication of jokes written by the likes of Jay Leno and Rita Rudner. “Funny” how the reality of protecting jokes plays out in fiction… read my previous post regarding an episode of Studio 6o.

Music Heals: Peruvian Soul

Posted on January 30, 2008
by Tamera H. Bennett January 30, 2008 Congratulations to our client Kyle Shaffer for this great article describing his record label’s first release from Peruvian flute artist Dr. Fernando Siles.

Check Out ?Law of the Game?

Posted on January 29, 2008
by Tamera H. Bennett January 29, 2008 If you are interested in the legal issues surrounding “gaming,” visit attorney Mark Methenitis’ blog Law of the Game.

Are The Wailers Crying?: Band Name Disputes

Posted on January 25, 2008
by Tamera H. Bennett January 25, 2008 Read this great post by attorney Michael Atkins on a recent band name dispute over a trademark.

Music Publishing Catalog Administration

Posted on January 24, 2008
January 24, 2008 by Tamera H. Bennett I would like to take a few blog entries over the next week to highlight how we work with clients to protect and leverage their intellectual property. On the entertainment side of our practice, our primary focus is administration of music publishing and master recording catalogs...

Filing Copyright Application: Sufficient for Jurisdiction 5th Circuit

Posted on January 20, 2008
by Tamera H. Bennett January 20, 2008 In an unpublished opinion issued October 24, 2007, the Fifth Circuit Court of Appeals re-affirmed that in the Fifth Circuit pleading a copyright application has been filed for the alleged infringed work is sufficient to comply with the requirements of 17 U...

ESNATION V. JONESTM; Master Recording Copyright Infringement

Posted on January 16, 2008
by Tamera H. Bennett January 16, 2008 EsNtion Records, Inc. v. JonesTM, Inc., 3:2007cv02027, N. Dist. Tex., Dallas, Dec. 2007. EsNtion Records, Inc., a dance and Latin music record label located in Chicago, sued JonesTM, a record distributor in Dallas for copyright and trademark infringement...

Beaumont Boy Battles Jersey Boys: Joint Authors of Copyrightable Work

Posted on January 16, 2008
By Tamera H. Bennett January 16, 2008 Corbello v. DeVito, 1:2007cv00985, E. Dist. Tex. (Beaumont) Dec. 28, 2007. Who gets paid from Jersey Boys the 2006 award winning musical about the musical group the Four Seasons? Is it Texas attorney Rex Conrad Woodard?s heirs or Thomas Gatano DeVito, an original member of the Four Seasons, or both? [...

December 07 Copyright Cases: Texas

Posted on January 15, 2008
By Tamera H. Bennett and Stephanie Prince January 14, 2007 Filings for the last month of the year were a little crazy in the copyright arena. The filings are organized by Federal District. Eastern District Butler v. Elsevier et al (4:2007cv00557) Plaintiffs filed suit on December 13, 2007 against Elsevier, Inc...

Tamera Bennett Music Publishing Basics in Fort Worth

Posted on December 20, 2007
by Tamera H. Bennett December 20, 2007 Hard to believe 08 is here in two weeks. Please support the Fort Worth Chapter of the Nashville Songwriter’s Association on Monday, January 7, 2008 by attending their monthly meeting. I will be presenting “How The Money Flows: Music Publishing 101...

Contract Dispute or Copyright Infringment?

Posted on December 10, 2007
By Tamera H. Bennett with assistance from Stephanie Prince December 10, 2007 Don?t plead a cause of action for breach of copyright or ?proprietary rights? if you want to be in state court. In October 2007, plaintiff D?Juana Streat filed a petition against Carl Jackson, Fred Hammond, Rainforest Films, and Sony Pictures Releasing Corp...

November Copyright Cases Filed in Texas

Posted on December 10, 2007
by: Tamera H. Bennett and Stephanie Prince December 10, 2007 Thanks again to Stephanie Prince for her research and preparation of summaries of copyright cases filed in Texas’ Federal Courts in November. Northern District Opheim v. ICU Eyewear, Inc...

State Film/TV Incentives

Posted on December 10, 2007
by Tamera H. Bennett December 10, 2007 Thanks to attorney Mark Litwak for providing great information on what states are offering incentives for film/tv productions.

StormStock Footage In ?Saving Grace?

Posted on December 04, 2007
by Tamera H. Bennett December 4, 2007 Congratulations to our client Prairie Pictures, Inc. for the placement of dramatic tornado and weather footage in the new TNT hit series “Saving Grace.” Prairie Pictures’ President Martin Lisius stated “because the drama series ?Saving Grace? is set in Oklahoma, the production team occasionally needs dramatic footage from our StormStock library...

Not the USPTO

Posted on December 04, 2007
by Tamera H. Bennett December 4, 2007 Thanks to attorney Marty Schwimmer for putting together a listing of companies who solicit business from owners of recently filed trademark applications in such a fashion the owner may believe the company is affiliated with the United States Patent and Trademark Office or another governmental entity...

Red Hot Californication

Posted on November 20, 2007
by Tamera H. Bennett November 20, 2007 Thanks for this information from attorney Catherine Hough. The Red Hot Chili Peppers filed suit against Showtime?s Californication, claiming the show ? which stars and is co-produced by David Duchovny ? stole from the band?s 1999 album by the same name...

Posted on November 05, 2007
by Tamera H. Bennett and Stephanie Prince November 5, 2007 With the assistance of a wonderful law student, our blog will be bringing you a monthly update on copyright cases filed in Texas courts. The report is organised by Federal District. Northern District of Texas UMG Recordings, Inc...

Trademark Injunction Pending Hannah Montana

Posted on October 24, 2007
by Tamera H. Bennett October 24, 2007 The value of the Hannah Montana properties increase as a show cause hearing is scheduled for Thursday, October 25 in cause number 4:07-cv-04065-MMM-JAG against numerous John Does for potentially offering for sale infringing items at locations surrounding the Hannah Montana/Miley Cyrus concert in Moline, Illinois...