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Intellectual Property Law

Current Trends in Copyright, Trademark & Entertainment Law

Legal and business commentary on intellecutal property and the entertainment industry.

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Last Entry: January 31, 2013 at 23:02:43

Super Bowl, Harbowl and Kaepernicking ? Trademark Update

Posted on January 31, 2013
The NFL is more than diligent in protecting its SUPER BOWL brand, along with the SUPER SUNDAY brand. With the amount of money spent on the brand, I often say more power to the NFL in protecting their rights and protecting consumers from inferior infringing products...

Allman Brothers Settle Class Action With Sony Over Digital Downloads

Posted on March 09, 2012
In a much watched lawsuit, the Allman Brothers, Cheap Trick and the Youngbloods reached a settlement with the Sony record label for back payment of digital download royalties. The lawsuit has been in the forefront of the dispute between record labels and recording artists over the treatment of digital download income in respect to contracts [...

Does Phone Call Equal Song Lyrics? Drake Sued by Ex As Co-Writer of Song

Posted on February 06, 2012
Grammy nominee Drake has been sued by an ex-girlfriend who claims she co-wrote the hit song “Marvin’s Room” and is entitled to part ownership in the copyright in the song; copyright in the sound recording; and payment of songwriter royalties...

Newt Gingrich Sued Copyright Infringement ?Eye of the Tiger?

Posted on January 31, 2012
Newt Gingrich’s campaign makes the news twice in a week for claims of copyright infringement of a song. Rude Music Inc., owned by Frank Sullivan, a co-author of the song “Eye of the Tiger,” filed a copyright infringement lawsuit in federal district court in Chicago for Gingrich’s use of the song on the campaign trail...

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Cease and Desist to Newt Gingrich over ?How You Like Me Now??

Posted on January 27, 2012
Here we go again…. One of my favorite topics is the use of songs and sound recordings in campaigns. Especially presidential campaigns. According to news reports, Third Side Music sent Gringrich’s campaign a cease and desist letter ordering them to stop using the song ?How You Like Me Now? at campaign events...

Ron Paul Files Trademark and Defamation Lawsuit

Posted on January 19, 2012
This week the “Ron Paul 2012 Presidential Committee, Inc. filed a lawsuit claiming defamation of Rep. Ron Paul’s character and unauthorized use of the trademark rights in his name in a political video. The video, released by Paul advocates and not approved or authorized by Paul, makes personal attacks against fellow Republican presidential nominee Jon [...

Supreme Court Upholds Copyright Protection For Foreign Works

Posted on January 19, 2012
The U.S. Supreme Court decision released this week in Golan v Holder maintained copyright protection for millions of works created by foreign authors. Before 1989, many foreign authors? works became public domain for not fulfilling requirements in the U...

Entertainment Law Update Podcast 26: Zombies, Crowds, & Trees

Posted on December 14, 2011
Take a listen to the latest edition of the Entertainment Law Update Podcast with co-hosts L.A. film lawyer Gordon Firemark and Texas-based music lawyer Tamera Bennett. I would like to give a personal shout-out and thank you to Gordon for bringing me on board for this great podcast...

Right of Publicity ? 2011 In Review

Posted on December 06, 2011
When a famous person dies, the survival of the right to control and profit from their name and likeness depends on when they died and what state they lived in at their death. Famous artists may need to take a closer look at where they call home during their life to insure their right of [...

George Clinton v UMG: Royalty Disputes and More

Posted on October 28, 2011
This article is was originally published in Billboard Magazine and has been reprinted with permission. George Clinton v. Universal Music Group Highlights Time Limits On Royalty Claims, BILLBOARD, Sept. 29, 2011. by Tamera H. Bennett Judging from pioneering funk productions helmed by Parliament-Funkadelic mastermind George Clinton, the man knows the value of staying on the [...

Music Licensing and the Nicaraguan Presidential Campaign

Posted on October 06, 2011
Music in presidential campaigns has been a hot topic in the US as well as in France. Now we have the the campaign for Nicaraguan President Daniel Ortega entering the scene. News reports say Ortega’s campaign is using a Spanish language version of the classic song “Stand By Me” in political ads...

Texas No Longer Regulates Talent Agencies

Posted on August 31, 2011
Effective September 1, 2011, the Texas Legislature repealed Texas Occupations Code, Chapter 2105, and removed registration requirements for, and the authority to regulate talent agencies. The supporters of repealing the code section made the following comments in legislative hearings: It is inefficient and unnecessary to continue the state licensing of talent agencies …...

Copyright Office ECO Not Speeding Up Process

Posted on May 21, 2009
by Tamera H. Bennett Posted May 21, 2009 And I thought it was just me 1) wondering when my clients’ late 2007 and early 2008 paper filed copyright applications were going to register; 2) struggling to use the new ECO system…. Read More From The Washington Post: The trouble is twofold...

Vassar, Wiseman Overcome Copyright Infringement Suit

Posted on May 05, 2009
by Tamera H. Bennett May 5, 2009 I first blogged here about the 2007 lawsuit for copyright infringement against extremely successful country songwriters Phil Vassar, Craig Wiseman, their individual music publishers and Proctor & Gamble. On April 29, 2009 the judge granted the defendants’ Motion for Summary Judgment and dismissed the lawsuit...

Change.gov: Creative Commons Is Not A Copyright

Posted on December 03, 2008
by Tamera H. Bennett December 3, 2008 CNET REPORTS: President-elect Barack Obama’s transition team has licensed the site Change.gov under the Creative Commons Attribution 3.0 License, giving visitors more freedom to use content from the site. Change...

Don?t Believe Everything You Read

Posted on September 24, 2008
by Tamera H. Bennett September 24, 2008 Don’t jump off a bridge because your friend does and don’t believe everything you read. I made a post last week entitled “Product Placement In Songs” and linked out to a WIRED Blog article as a reference...

Product Placement In Songs

Posted on September 19, 2008
by Tamera H. Bennett September 19, 2008 Here is an intersting article on the process of soliciting songwriters to include brand names in their songs. Thanks to attorney Catherine Hough for the link.

Jackson Browne Sues John McCain

Posted on August 27, 2008
by Tamera H. Bennett August 27, 2008 Browne v. McCain On August 14, 2008 Jackson Browne sued John McCain, the Ohio Republican Party and the Republican National Party for copyright infringement, false association under the Lanham Act, and common law right of publicity infringement for an ad created by the Ohio Republican Party that features Browne’s hit “Running [...

Alabama, Werewolves and ?All Summer Long?

Posted on August 21, 2008
by Tamera H. Bennett August 21, 2008 It’s not everyday I get to blog about Kid Rock. So here goes. Have you heard the latest single “All Summer Long?” If so, you may have heard a few other tunes that took you back a few years. The song incorporates heavily the piano and guitar licks [...

Jersey Boys and the Kitchen Sink: The Amended Complaint

Posted on August 15, 2008
by Tamera H. Bennett August 15, 2008 Corbello Amended Complaint Thanks to my connection for sending me the amended compliant in Corbello v. DeVito. My original post is here. The amended complaint is good reading, but long. The amended complaint actually names all the members of the Four Seasons as defendants along with the companies involved in [...

SUGARLAND PARTNERSHIP DISPUTE

Posted on August 11, 2008
By Tamera H. Bennett August 11, 2008 Read The Amended Complaint On August 7, 2008, Kristen Hall, founding member of the country music group Sugarland, filed a lawsuit against current band members Jennifer Nettles and Kristian Bush alleging breach of the partnership agreement, breach of fiduciary duty, and a duty to account for her share of the partnership [...

Thanks William Patry

Posted on August 04, 2008
by Tamera H. Bennett August 4, 2008 With disappointment and understanding I announce that William Patry, copyright guru and blogger extraordinaire, has chosen to end his blog. I will miss his great insight and commentary as I was an avid reader for the last 18 months...

Tamera Bennett Quoted on Budweiser Trademark Dispute

Posted on July 30, 2008
Tamera Bennett was tapped in July 2008 by LAW360, an online legal newswire, to voice her opinions regarding the international trademark dispute between Anheuser-Busch and state-owned Czech brewer Budejovicky Budvar NP in light of the pending acquisition of Anheuser-Busch by Belgium beer maker InBev NV...

Paul Simon Sues Clock Maker: Copyright Infringement

Posted on July 30, 2008
by Tamera H. Bennett July 30, 2008 According to the Simon v. Rhythm USA, Inc. complaint filed by Simon, Rhythm Watch Company sold 40,000 clocks with the song “Bridge Over Troubled Water” without a license. The complaint also states the cost of such a license had it been requested would have been in excess of $1 [...

One Billion Dollars: The Price of A Name

Posted on July 21, 2008
by Tamera H. Bennett posted July 21, 2008 How much is it worth to your brand to spend One Billion Dollars for naming rights on a stadium? I think only you and your CFO can decide. Here is a link to a video by AD AGE that provides a good overview of the stadium side of raising [...

Budweiser v Budweiser in Europe

Posted on July 16, 2008
by Tamera H. Bennett July 16, 2008 It has been big news that Anheuser-Busch was bought out by InBev. What many may not realize is that a “Bud” in Czech is not the same as a “Bud” in the US. With InBev’s purchase they also acquired approximately 100 legal disputes, mostly over versions of the Budweiser trademark, [...

?HELLO DOLLY? REVISITED DOLLAR SIGNS

Posted on July 08, 2008
by Tamera H. Bennett posted July 8, 2008 I love it when the value of a great song keeps shining through. “Put on Your Sunday Clothes” and “It Only Takes a Moment,” two songs from the 50 year-old HELLO DOLLY musical, are integral musical works in the Pixer film WALL-E...

DEVO: LEAVE YOUR HAT ON

Posted on July 08, 2008
by Tamera H. Bennett July 8, 2008 Post-punk pioneers Devo say they are suing McDonald’s in the US over a Happy Meal doll that sports the band’s signature red flower pot hat. The article goes on to say DEVO has a copyright and trademark on the “red flower pot hat...

Stairway to Money: Value of ?Stairway to Heaven?

Posted on June 23, 2008
by Tamera H. Bennett Posted June 23, 2008 Take a look at how the value of Stairway to Heaven is determined. $572 million sounds good to me!

Tempest: Record Year For Tornado Chasing

Posted on June 20, 2008
by Tamera H. Bennett June 20, 2008 Congratulations to our client Tempest Tours, Inc. and president Martin Lisius for this great write up in the Los Angeles Times on their record year of storm chasing. Want to learn more about storm chasing tours?