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”

General Update – Studying

Hello everyone. I haven’t been as active online lately, because I’v been studying again. I recently obtained the book “Video Game Law Everything You Need to Know About Legal and Business Issues in the Game Industry”. I have been reading, taking notes, and outlining my notes, as if I was back in law school. Don’tContinue reading “General Update – Studying”

U.S. SENATOR ANNOUNCES LEGISLATION TO BAN LOOT BOXES AND PAY-TO-WIN MICROTRANSACTIONS

On Wednesday, Senator Josh Hawley (Republican – Missouri), announced that he will introduce legislation that will ban loot boxes and pay to win microtransactions. Currently named the “Protecting Children from Abusive Games Act”, the Act, if approved, would prohibit features that allow players to pay real world money to advance in the game (pay-to-win), orContinue reading “U.S. SENATOR ANNOUNCES LEGISLATION TO BAN LOOT BOXES AND PAY-TO-WIN MICROTRANSACTIONS”

Dance Lawsuits Against Epic Games’s “Fortnite” Have Been Paused

Remember how many people were suing Epic Games, over dances being used as emotes in the game Fortnite? The lawsuits have been put on hold, following a recent ruling from the United States Supreme Court. The ruling stated that a copyright infringement lawsuit may only commence once the copyrighted work in question is successfully registeredContinue reading “Dance Lawsuits Against Epic Games’s “Fortnite” Have Been Paused”

Opinion: Thoughts Regarding Supreme Court Ruling on Fourth Estate v. Wall-Street.com

On March 4, 2019, the Supreme Court of the United States issued a ruling on Fourth Estate v. Wall-Street.com, saying, “We hold, in accord with the United States Court of Appeals for the Eleventh Circuit, that registration occurs, and a copyright claimant may commence an infringement suit, when the Copyright Office registers a copyright. UponContinue reading “Opinion: Thoughts Regarding Supreme Court Ruling on Fourth Estate v. Wall-Street.com”