Intellectual Property Law

Music - now and then

Posted on November 13, 2009
This was a good week.I hope it was a good week for everyone else.Now that Friday is almost ending, I hope everyone has some kind of relaxing weekend plans. Even if that means just letting your brain rest after a long week of work. (I know many of you out there had that...

Protect yourself. It's cold outside.

Posted on November 06, 2009
It has been a busy, busy two weeks here. Yes, the Yankees won the World Series, defeating my Phillies 4 games to 2. I also did go to Game Four with my father and my sister. Family baseball fun in. . . November. We all wore lots of layers of clothing...

A Text Will Lead You

Posted on October 23, 2009
Good evening!My Phillies are in the World Series. AGAIN! The Angels just defeated the Yankees to force a return to New York - my current home. But you never give up your teams. So I stay with my Phillies, and we have lots of Philadelphians here in New York making it big in the big city, so I never have home that far away...

You must follow the system.

Posted on October 16, 2009
Good day, everyone!I was in Los Angeles last week for a seminar, and as soon as I returned to Newark, NJ, the cold weather hit me. (Though I was staying in Santa Monica, where it is colder because of the ocean.)Last night was fun, as my Phillies played - and won - in the first game of the National League Championship Series...

To access blog feed reader register for free. (You will also learn about new ways to read and access the freshest law blogs.)

Continuing the Theme on Thursday

Posted on September 15, 2009
We'll review the basics in a webinar on Thursday at 12:30 PM!This will be a webinar on copyright and trademark law for small businesses. Learn what a trademark is. Learn what a copyright is. This is going to be a primer so that you're familiar with the terms and with the differences between these areas of intellectual property...

Copyright Event this Week

Posted on September 15, 2009
The FCC and the Copyright Alliance (a non-profit group aimed at helping to protect artists' rights under copyright law) are combining for a workshop in person and online. On Thursday, September 17th, 2009, The Role of Content in the Broadband Ecosystem will take place...

How to set up your IP

Posted on September 11, 2009
In the past couple episodes of ABC's "Shark Tank" (which itself is one version of a show called "Dragon's Den" in most countries), intellectual property has played a part. (Once again, the premise of the reality show is that businesspeople show their wares to self-made entrepreneurs who decide if they want to invest in the small business...

Cather in the Rye Part 2: Electric Boogaloo

Posted on August 17, 2009
Most of us have read J.D. Salinger's classic novel The Catcher in the Rye. Not many of us ever tried to write a sequel to it. (As a side note: In high school, I had an English class in which our assignment was to write a continuation of To Kill a Mockingbird, and I am sure that Harper Lee would never have approved of my sense of humor in that assignment...

Housekeeping!

Posted on August 02, 2009
I have some housekeeping to take care of and will write something of substance later on this week.I have joined the law firm of Weiss Imbesi PLLC. You can view their website at http://weissimbesi.com for more information. For those of you who are clients of mine, this changes nothing...

Royalties and trusts

Posted on July 02, 2009
Did you know that you can find me on Facebook? Just go to http://facebook.com/vernalaw - become a fan! There is more content there and more thoughts. Did you know you can follow me on Twitter? Just go to http://twitter.com/avernalaw - I post a couple (obviously short) thoughts a day there...

Video! Announcing a new video feature

Posted on June 24, 2009
Announcing a new video feature of this blog:Ask the trademark and copyright lawyer! (Yes, entertainment law questions are welcome, too.)Post a quick question on YouTube that I can answer. Comment here on the website (http://tmcentlawforum.com) or send an e-mail to law@nyctrademarks...

Why Register?

Posted on June 09, 2009
The web seminars that I have been doing have been nothing less than fantastic.One question that someone always asks is, "Why should I register my trademarks or copyrights?"There are a few reasons for registering. Public notice. In both a trademark and a copyright registration certificate, the owner of the intellectual property is listed...

When Areas of Law Cross

Posted on June 02, 2009
There is an interesting lawsuit recently filed by Ozzy Osbourne against former fellow band member Tony Iommi over the Black Sabbath band name.BLACK SABBATH is a registered trademark number 2399391. Iommi registered it back in 2000. There are a couple issues in this situation that do not seem to be covered in any article...

Coldplay and Fans on Youtube

Posted on June 01, 2009
As some of you may have heard, there is a copyright lawsuit between Joe Satriani and Coldplay about Coldplay's song "Viva la Vida." Basically, Satriani is claiming that Coldplay infringed Satriani's copyright on his song "If I Could Fly."Of course, Coldplay is denying any copying...

Webinar on TM and C law - May 29th

Posted on May 27, 2009
Join us for a Webinar on May 29 This will be a webinar on copyright and trademark law for small businesses.Title: Copyright and Trademark Law for Small Businesses Date: Friday, May 29, 2009 Time: 11:00 AM - 12:00 PM EDTAfter registering you will receive a confirmation email containing information about joining the Webinar...

Cartier goes extreme! Then it drops extremism.

Posted on May 27, 2009
In today's world, sometimes the hammer is not good to use, because all it brings is weird and strange publicity.I think that Cartier leapt before it looked when it filed suit against Apple for apps for the iPhone and iPod Touch. The app were a fake watch and a fake gold watch, both with the distinct Cartier mark and look...

Another web seminar

Posted on May 20, 2009
Due to the success of this week's web seminar, and because I received some requests from people to do it again on a different day, I will be doing one on Friday, May 22 at noon (EDT).1. Point your web browser here:https://www2.gotomeeting.com/join/6477249712...

New Webinar Scheduled

Posted on May 17, 2009
A new webinar on trademark and copyright law has been scheduled. I will keep it an hour long and explain basics about trademark and copyright law for small business. You can do it on the web or on the phone!11 AM (EDT), Tuesday May 19th.Web directions:1...

Names Will Never Hurt Me

Posted on April 30, 2009
Good afternoon!It's a wonderful spring day here in New York City. That means that there is a lot of strange intellectual property and entertainment law issues popping up. Let's take a look at a few of them.If your business in the United Arab Emirates, "Dubai" can no longer be a part of the trademark...

Seminar via Skype

Posted on April 22, 2009
Tomorrow, Thursday April 23rd, 2009 at 4 PM EDT, I will be doing a trademark and copyright law seminar for small businesses and artists via Skype. It will be in the form of a conference call. My Skype name is avernalaw, so add me to your list now and be online before 4 PM EDT tomorrow...

We've been busy

Posted on March 12, 2009
There is a lot happening in the intellecutal property world.First off, I have been making lots of appearances elsewhere. View an interview I did with New York Business TV on dead trademarks (bring them back to life). Just click on my picture on the right menu...

The Ford Futura. Wait, What?

Posted on December 14, 2008
The Lincoln Futura: Car enthusiasts will remember this concept car from the 1950s.  Television enthusiasts will remember that it was the basis for the Batmobile from the Adam West "Batman" series.  In 2005, Ford (owner of Lincoln) wanted to name a new car line the Futura...

Pardon the Interruption

Posted on November 07, 2008
I just wanted to let everyone know that I did an interview with New York Business TV which can be found at http://newyorkbtv.com/ (it will be the main interview that loads with the site until November 10, 2008). It is a short interview about the basics of trademark law and why businesses need to be wary of protecting their intellectual property...

Re-use Art. Create something new.

Posted on November 04, 2008
The blog has tackled the copyright law concept of Fair Use before.  It's a fun concept, with no helpful guidelines, that allows the use of copyrighted works in new works; meaning that there is no copyright infringement. The main reason for this exception is to allow comment or criticism of copyrighted works...

Another video about the websites

Posted on October 16, 2008
Here is a video about the copyright website of the Law Firm of Anthony Verna - nyccopyrights.com:(For those of you unable to view embedded objects, the website for the video is: http://www.youtube.com/watch?v=PwfuFNWSF5E)The Trademark, Copyright, and Entertainment Law Forum is written by Anthony Verna...

A video about my website.

Posted on October 01, 2008
Here is a video about the website for the Law Firm of Anthony Verna.  I hope that if you have any questions on how to use my website, this video will help you greatly:The Trademark, Copyright, and Entertainment Law Forum is written by Anthony Verna. Please note that it is for the discussion of recent developments in these areas of law...

Ch-ch-ch-changes

Posted on July 26, 2008
The NBA's Seattle Supersonics have moved to Oklahoma City and will play there from now on. The team's new name is not yet known. However, the NBA filed the applications for six different trademarks with the U.S. Patent and Trademark Office. Those names include Barons, Bison, Energy, Marshalls, Thunder and Wind...

Thumbs Down

Posted on July 22, 2008
Does it seems as if fewer movies have received a the approval of two movie critics as "Two thumbs up"? That is because the phrase has not been in use since late 2007.As many people know by now, At the Movies with Ebert and Roeper will be ending its television run, which started with the now-famous pairing of Gene Siskel and Roger Ebert in 1975...

Housework. And sex keeps selling (but you knew that).

Posted on June 02, 2008
I did receive a few e-mails about the last entry, so a mailbag will be the next entry to everyone on the mailing list.In the meanwhile, the blog (oh, how I hate that word) did receive a few accolades and I would like to acknowledge them now.LexisNexis recognized this blog in its Trademark and Copyright Law Centers...

Wow. That's a world of infringement. Or is it?

Posted on March 31, 2008
Blizzard Entertainment (a video game company that has made games such as "Starcraft," "Warcraft" and the hugely popular "World of Warcraft") is suing a person in Arizona for making software that allows the game to be played . . . automatically, so that no person has to be around for a player's character to be in the game, interact with the game, and play...

Broken Dreams

Posted on March 18, 2008
Imagine that you are a big fan of a presidential candidate and that you wanted to show your support for this presidential candidate. What would you do to show that you are a big supporter? Wear buttons? T-shirts? Show up at rallies? How about print t-shirts with the candidate's name on them in the fonts of various baseball teams...

Wintry Mix

Posted on February 25, 2008
Good afternoon, everyone. I am recovering from Toy Fair last week and another winter illness that hit me this weekend. I hope everyone is in good health!The College Board is suing a company called Karen Dillard's College Prep that has its own review courses for the SAT and PSAT, claiming that some of the questions in the review course are active questions on the SAT and PSAT...

International Quick Hits

Posted on January 31, 2008
Yes, if you are on the RSS feed, you are getting this. A new goal for 2008: to post more. Readers of the website and on the RSS feed will receive this. Those getting the e-mail will not.RapidShareSimilar to the infamous Napster cases in the United States (from the earlier part of this decade), and using something similar to a new provision (well, it's new in copyright terms) in the U...

Red Hot Trademark Infringement. . . or Not

Posted on January 29, 2008
This is the first post of 2008. I wish everyone is having a happy and healthy 2008.Several months ago, the Red Hot Chili Peppers sued Showtime Networks and others in relation to the television show, "Californication." Click here for a copy of the complaint...

Copyright Clarification

Posted on November 19, 2007
A few weeks ago, I flippantly said that, "One musician's copyright violation is another musician's viral marketing campaign."Several readers were confused. I will begin with a basic description of copyright law. Copyright law only covers these eight types of works:(1) literary works;(2) musical works, including any accompanying words;(3) dramatic works, including any accompanying music;(4) pantomimes and choreographic works;(5) pictorial, graphic, and sculptural works;(6) motion pictures and other audiovisual works;(7) sound recordings; and(8) architectural works...

Strike Two!

Posted on November 06, 2007
In a phone call with a client last night, I was asked what I thought about the strike started by the Writers Guild of America that is now affecting the television industry. According to the WGA website, there are big issues to be resolved, including:Jurisdiction for most of new media writing...

We're back!

Posted on July 11, 2007
After months of technical issues, we're back. The problem I learned was that when Google (which sends out the e-mails) and Blogger (which hosts this log on the web) merged, the accounts merged as well and it took forever to make them separated. But all is back to normal! I hope to send out a biweekly update, as done in the past...

Now! A part of the Technorati!

Posted on February 23, 2007
Technorati ProfileThe Trademark, Copyright, and Entertainment Law Forum is written by Anthony Verna. Please note that it is for the discussion of recent developments in these areas of law. The forum is not a space for legal advice. Please seek the help and counsel of an attorney for your legal needs...

Lieutenant Dan Got Me Invested in Some Kind of Fruit Company.

Posted on February 22, 2007
Cisco and Apple finally settled their dispute over the use of the trademark "iPhone."It comes as no surprise since Cisco's complaint was filed back in January. The complaint alleged trademark infringement, unfair competition, false description and injury to business reputation (the charge of injury to business reputation is a California state claim; all the others are federal claims under the Lanham Act - the act that makes trademarks the domain of federal law)...

Bucks for Becks. And insults.

Posted on January 18, 2007
The big international sporting news is that the most famous person on the planet, David Beckham, is coming to America to play with the Los Angeles Galaxy of Major League Soccer.The big drama is when Beckham might start playing with Los Angeles. It certainly does not help that the president of his current team, Réal Madrid, talked about Beckham's inability to be loyal to his current team now that a contract was signed that starts after his current contract runs out and that he's washed up...

Happy New Year

Posted on January 14, 2007
Happy New Year, readers!The forum has taken some time off in order to do work and take care of personal business.The big news story in the technological world comes from Apple. There's no shock there, as Apple has been making waves in personal devices, like the iPod...

Google Loses a Trademark Case in France

Posted on November 28, 2006
Back in 2004, Louis Vuitton sued Google in France for improperly using its trademarks in advertising.Recently, Google has lost its appeal in the case. The lawsuit claimed that Google's use of "Louis Vuitton" in its AdWords program (in which companies bid on keyword advertising on various websites) resulted in "trademark counterfeiting, unfair competition and misleading advertising...

Quick Hits

Posted on November 24, 2006
I hope that everyone had a happy Thanksgiving.Here are some short items right now.Other Law BlogsYou can read the New York Small Business Law blog of Imke Ratschko at http://www.newyorksmallbusinesslaw.com/.MySpaceUniversal Music Group has sued MySpace for copyright infringement...

Ack! It's not Coca-Cola! (Is that so bad?)

Posted on November 02, 2006
My coworker, Carolyn, picked up a red can with white lettering, which she assumed was Coke. As she's drinking it, she looks at the can and wonders what Berkley & Jensen is (at this point she still hasn't realized it's not Coca Cola). Even though the can was a lighter shade of red, and the white lettering says 'Cola Clasic' (classic is slightly smaller than Cola...

When is a trademark "descriptive"?

Posted on October 12, 2006
I'm steamed a little bit.I have a client who has "24 7" as a part of several different trademarks. Two of them were recently rejected and (partially) one was because "24 7" is descriptive of "continuous."It's hard to disagree with a part of the statement, but a consumer has to make what is called a multi-step logical thought process in order to go from seeing "24 7" to knowing it means "24 hours a day, 7 days a week...

Is There Branding in Sports Uniforms?

Posted on October 03, 2006
After a brief vacation from writing, the Law Form is back up and running. Don't forget to view the archive at www.TMCEntLawForum.com.I spoke with Paul Lukas, an expert on sports uniforms. You can read his Uni Watch column on ESPN.com's Page 2 and read his Uni Watch Blog (which is a semi-daily update of his uniform knowledge)...

Is There Branding in Television Networks?

Posted on September 06, 2006
The UPN and WB television networks are merging for this upcoming television season. The new network is called CW and features the most-viewed shows from the two old networks.Does the CW stand for a certain type of programming?I spoke with Ellen Gray, the television critic of the Philadelphia Daily News, recently about the changes that the new CW network will (or will not) bring to television in this upcoming season...

Stop Pooring my Coffee!

Posted on September 01, 2006
Standard & Poor's, known to many as a financial institution of some sort, has sued a Texas-based company called Standard & Pours Coffee & Stocks, which is a cafe, for trademark dilution.As stated in an earlier post, "[d]ilution comes in when the defendant's use of a mark either blurs the connection in consumers' minds between the plaintiff's mark and the goods and services is weakened or the defendant's use tarnishes the plaintiff's mark...

You can't google it. You also can't xerox a xerox. Still.

Posted on August 22, 2006
Do you remember the ad campaign that said "You can't Xerox a Xerox on a Xerox?" You can briefly hear me talk about this (warning: link to MP3 file) on The Rollye James Show a few months ago.Google is now beginning to take steps to protect its trademark...

I feel prescient. Apple defends "Pod."

Posted on August 18, 2006
Back on July 20th, I wrote, "Think about a mark like "eBay" or "iPod." If someone started to make eBay brand home appliances, there would be a likelihood of confusion because "eBay" can only mean the website that sells goods by third parties in an auction format...

Higher Ticket Prices!

Posted on August 14, 2006
There are several different articles about several fans suing the Chicago Cubs for scalping their own tickets to games.How would this happen?According to all reports, the Cubs set up their own company, Wrigley Field Premium Tickets, owned by the same company that owns the Cubs (the Tribune Company), run by a Vice President of the Chicago Cubs, and had the Cubs do the accounting...

Fantasy Baseball players can relax.

Posted on August 09, 2006
A judge has ruled that players' names and statistics (as a result of games) are not the intellectual property of Major League Baseball.In what seems to be a logical ruling, the judge said that the names and statistics are not "copyrightable" and that if there were a right of publicity to be infringed, those rights are lost because newspapers publish the exact same information every day...

Will LimeWire go Legit or Belly-Up?

Posted on August 08, 2006
Record labels have sued the file-sharing service LimeWire with a copyright infringement suit.That it happened is no surprise.The history of file-sharing lawsuits is an odd mix, however.Here is a little history.The first case on the subject is A&M Records, Inc...

Mailbag!

Posted on July 20, 2006
The last post about Apple's new trademark "NUMBERS," put a thought in the mind of Bryan Adams of Teaneck, NJ."Is that why the TV show is called 'Numb3rs'?"Well, that's hard to say. If I were to guess, I would say that is more of a stylistic choice than a choice because of trademark law...

Apple has a new trademark.

Posted on July 18, 2006
According to a story on MacsimumNews.com, Apple has registered "NUMBERS" as a trademark."Numbers," so say the rumors, is going to be the name of Apple's new spreadsheet software for a new suite of office software for the Mac. The article deals with Apple's European trademark filings, so a look at the U...

Mene Gene Redux - Though it is not Over

Posted on July 12, 2006
First off, I want to thank Lou Raguse, the journalist who covered the Mean Gene story for KELO-TV in and its website, www.keloland.com, for helping me sort out some of the facts. You can also read the complaint and the judge's written decision for the case...

"Weird Al" Yankovic vs. Those Who Do Not Understand

Posted on July 04, 2006
According to a recent NPR story, James Blunt's record label, Atlantic Records has told "Weird Al" Yankovic that he cannot release a parody of Blunt's hit song, "You're Beautiful" called "You're Pitiful."Can a record label do this (since it owns the copyright to the music and lyrics)?Read what Yankovic himself said in the story...

Mailbag

Posted on June 27, 2006
It's always wonderful to receive letters. If you have any comments or questions, do not hesitate to write to averna@anthonyverna.com.If the persona Mean Gene was created by Titan Sports or by Gene Okerlund while employed or to get employed by Titan Sports, I would think Titan Sports owns the mark, registered or not...