Licensing: Why does it Matter?

Many creative industries have to deal with the question of owning the rights to their creations, and giving up some or all of those rights for certain reasons. What does the rights owner need to do? They need to license their work! What does licensing mean? A license is permission to use the current owner’sContinue reading “Licensing: Why does it Matter?”

Guest Appearance on Podcast!

I was lucky enough to be interviewed for a podcast, Walk The Talk, hosted by my dear friend, Aldís Elfarsdóttir, where I answered questions regarding being an attorney, creative writing, ballroom dancing, and more. Know that you are more than what you do, beyond the labels and titles, you are a person. https://open.spotify.com/embed-podcast/episode/52po5MsdCLL10QG6ytrOC9

Why Does A Video Game Publisher Have So Much Influence?

In the video game industry, the maker of the game is the developer. The one who puts the game out to the public is the publisher. Why does this matter? In general, when a contract is signed between the developer and the publisher, they work together on their respective responsibilities. However, the publisher may endContinue reading “Why Does A Video Game Publisher Have So Much Influence?”

Right Of Publicity, Or Copyright? Explaining Selena Gomez’s Cause Of Action

On April 14, 2020, Variety reported that Selena Gomez has filed a lawsuit for $10 million against a mobile game company (Guangzhou Feidong Software, and MutantBox Interactive Limited) for stealing her likeness for use in the game Clothes Forever – Styling Game. The game allows users to buy “diamonds”, a kind of in app currencyContinue reading “Right Of Publicity, Or Copyright? Explaining Selena Gomez’s Cause Of Action”

Immense Damages for Music Copyright Infringement.

This article was originally published on March, 27, 2020 and also appears as a guest blog post at http://www.ipiustitia.com. Remember when Napster first came out? It was a peer-to-peer (P2P) file-sharing service that allowed people to download music. While Napster was eventually shut down (and later brought back), the issues of downloading music on P2PContinue reading “Immense Damages for Music Copyright Infringement.”

EPIC GAMES FILES COMPLAINT REGARDING “DANCING PUMPKIN MAN”

Epic Games is in another lawsuit regarding an emote in its popular game Fortnite. However, this time Epic Games has filed the complaint, saying it “has been forced to bring this action…”. The complaint describes the emote itself, named the “Pump It Up” emote, which seems to emulate the “Dancing Pumpkin Man” viral video. InContinue reading “EPIC GAMES FILES COMPLAINT REGARDING “DANCING PUMPKIN MAN””

USPTO To Make Electronic Filing Mandatory in October 2019

A new trademark rule from the USPTO goes into effect on October 5, 2019. Starting on that day, all filings must be electronic! The goal is for the USPTO to speed up processing times and have fewer submission errors. Submissions for specimens will also be changing, requiring, 1. the URL and the access or printContinue reading “USPTO To Make Electronic Filing Mandatory in October 2019”

Marvel Wins Copyright Infringement Lawsuit Regarding “Iron Man 3” Movie Poster

In April 2016, Horizon brought a lawsuit against Marvel alleging copyright infringement, saying that the Iron Man 3 poster was had copied a promotional piece of art for the Radix comic (called the “Caliban drawing”). In March 2017, Radix was able to succeed against Marvel’s motion to dismiss, arguing that there was a “total conceptContinue reading “Marvel Wins Copyright Infringement Lawsuit Regarding “Iron Man 3” Movie Poster”

New Rule from USPTO: foreign domiciled trademark applicants must be represented by an attorney licensed to practice in the United States.

The USPTO put out a new rule saying that foreign domiciled trademark applicants must be represented by an attorney licensed to practice in the United States. Rule goes into effect on August 3, 2019. See full story in the link. https://www.uspto.gov/trademark/laws-regulations/trademark-rule-requires-foreign-applicants-and-registrants-have-us

US SUPREME COURT RULES THAT LAW BANNING REGISTRATIONS OF “SCANDALOUS” TRADEMARKS VIOLATES FIRST AMENDMENT

On June 24, 2019, the United States Supreme Court said that “The Lanham Act’s prohibition of ‘immoral or scandalous’ trademarks violates the First Amendment.” In other words, free speech beat out the Lanham Act, which is the governing law regarding trademarks. Entrepreneur Erik Brunetti started the clothing brand FUCT in 1990. It stands for “FriendsContinue reading “US SUPREME COURT RULES THAT LAW BANNING REGISTRATIONS OF “SCANDALOUS” TRADEMARKS VIOLATES FIRST AMENDMENT”