You Must Be THIS Tall for Copyright Protection Last time I said you should “hate hate hate” a decision from the Ninth Circuit Court of Appeals that reversed Taylor Swift’s victory in a copyright case based the lyrics, “’Cause the players gonna play, play, play, play,...
Maybe Don’t Calm Down This Time When it comes these high-profile music-and-copyright cases, my usual advice has been for everyone to calm down. In the “Blurred Lines” case, I explained that the facts were highly unusual, especially Robin Thicke’s admission that he and...
You Acquired Their Assets, But Did You Get Their Copyrights? The legal equivalent of this— —is trying to assert rights you only think you have. You cock your arm back, ready to throw your rights accurately through your adversary’s defenses, but the ball isn’t there...
Last Thursday, Xavier Becerra, the Attorney General of the State of California, held a press conference to announce the release of the first draft of the regulations to govern business conduct under the CCPA. The press conference was light on details, so privacy...
Whining About Wine The Winestore is a wine retailer based in North Carolina. And all it wants (for purposes of this discussion) is to sell a California cabernet sauvignon called OVERBROOK. The Winestore doesn’t make the wine, of course, but it appears that it’s the...
Copyright Claims Hardly Ever Go Away, But When They Do… The statute of limitations for copyright claims is three years from point from which you reasonably should have discovered the infringement. But if you file your copyright suit more than three years after that,...
Because the matter was being decided on Rule 12(b)(6), the court necessarily had to take judicial notice of those uses.
How much of that is sound recording—i.e., the creativity in the recorded performance—and how much is part of the composition? Sorry, I hope I didn’t just give you a headache.
Correction: attendee. She started touring and had to be home schooled.
The word, more than incidentally, is found in most dictionaries.
Only a three of the judges participated in the decision to reverse the trial court here.
And even in realty, mistakes happen. That’s why there’s title insurance.
These are known as “orphan works.”
What, no love for trademark registrations?
I.e., domain names.
Sludge dryers. It removes water from industrial waste.
Equova’s name was J-MATE. Watermark’s allegedly infringing name is DryMate. The MATE element is doing a lot of lifting.
Which is why Watermark is now called Watermark, and not “J-Parts,” a name that wasn’t going to win them any friends over at Siemens/Equova.
I know I’m having a little fun with this, but the copyrights in these quotidian documents are quite real and are as enforceable as copyrights in novels, films, songs and paintings. It goes to show that the subject matter protected by copyright is extremely broad and extends far beyond “creative works.”
The court does not cite to any authority for this, nor does it explain further.
More precisely, we don’t know who OWNED the copyrights when Equova sued, which is the legally relevant point in time. Surely, by now, Siemens and Equova have rectified the oversight.
If you’re wondering, if Siemens has since rectified the problem in this way, then Equova could drop the copyright claims in this case and file a new suit. That might’ve been faster than appealing, but there were other, more important issues on appeal.
By the way, you’re not entirely out of the woods if no one opposes your application because, once your application becomes a registration, others can still try to “cancel” the registration.” But at least you have a registration in the meantime.
I’m not sure what the relationship between Justin Vineyards and Landmark Vineyards is, but they’re clearly closely related.
Or, in the case of a cancellation proceeding, to remain.
U.S. courts, at least, and I think the vast majority of state courts. But I think there are some exceptions out there.
There are other grounds, but this is the main one.
This example would work better if there wasn’t an OVERLOOK pinot noir, i.e., a red wine.
In truth, neither wine is expensive. As it happens, are roughly in the price category known as slightly-more-than-I-would-be-willing-to-pay-except-maybe-if-company-was-coming-over.
Or, in a cancellation proceeding, toss a registration.
Which, again, they aren’t.
This principle is known as “geographic remoteness,” but I think it’s better to think of it as “market remoteness.”
Again, it could wait until the registration issues, then attack it, but even then, if it waits more than five years, that becomes really hard. For reasons I’m not going to get into here.