‘The People’s Joker’ and the Perils of Playing With a Studio’s Copyright; The New York Times, April 1, 2024

 Eric Grode, The New York Times; ‘The People’s Joker’ and the Perils of Playing With a Studio’s Copyright

"The Joker may be the purview of DC Comics, not Marvel, but the fear of running afoul of copyright laws was no less of a concern.

“I kept myself very informed legally in terms of what qualifies as a parody and what fair use really is,” said Drew, referring to the legal doctrine that allows artists to use copyrighted material without permission or consequence depending on the circumstances. The “People’s Joker” poster calls it “A Fair Use Film by Vera Drew.”

Rebecca Tushnet, a professor at Harvard Law School and an expert in fair use, said artistic works find themselves on safer legal ground when they comment on the original material in a transformative way.

“Favored use is critical in that it performs an interpretation,” said Tushnet, who has not seen the film but was willing to discuss it in the abstract. “A parody is the classic example, but it doesn’t have to be funny. If the metaphor that the Joker represents here is a different metaphor, then it might well fall under the category of transformative fair use."”

C-e-a-s-e and desist: 'The New York Times' goes after Wordle spinoffs; NPR, March 13, 2024

Joe Hernandez , NPR; C-e-a-s-e and desist: 'The New York Times' goes after Wordle spinoffs

"The New York Times has sent takedown notices to "hundreds" of coders who've made clones of the popular word game, Wordle.

Wordle is a hit online sensation where players have to guess a five-letter word in six tries. Since the newspaper bought it in 2022 from creator Welsh software engineer Josh Wardle, the word game has spawned a litany of spinoffs, from the more complex Quordle to the irreverent Sweardle.

Now, the Times is accusing some Wordle clone creators of copyright infringement violations and asking that their code be removed from the website GitHub, a platform that lets developers publicly share their code. The news was first reported last week by 404 Media."

Triumph Development sends cease and desist letter to Vail Resorts over alleged use of its intellectual property; Vail Daily, May 25, 2022

Scott Miller , Vail Daily; Triumph Development sends cease and desist letter to Vail Resorts over alleged use of its intellectual property

Letter alleges East Vail housing project is improperly using old designs

"The letter to The Vail Corporation states that the firm has submitted a “nearly identical” design for its East Vail project.

The letter alleges that The Vail Corporation “is well aware that Triumph owns the Intellectual Property. Indeed, (The Vail Corporation) repeatedly expressed interest in modifying the original contract with Triumph to provide for a transfer” of that intellectual property. “Triumph declined, and now (The Vail Corporation) is using it anyway.”"

Cornish pub will not change name despite letter from Vogue owner; The Guardian, May 13, 2022

Geneva Abdul, The Guardian; Cornish pub will not change name despite letter from Vogue owner

"A new letter was sent to the owners on Friday afternoon in which a Condé Nast lawyer admitted it was a mix-up.

He said: “You are quite correct to note that further research by our team would have identified that we did not need to send such a letter on this occasion.”"

Attorney Gregory S. DeSantis Breaks Down Copyright Law—and Just What Constitutes 'Fair Use'; Playbill, July 21, 2020

Gregory S. DeSantis, Playbill; Attorney Gregory S. DeSantis Breaks Down Copyright Law—and Just What Constitutes 'Fair Use'

"With theaters of all sizes closed, performing artists find themselves at home with an uptick in weekly screen time. Entrepreneurial-minded performers are attempting to benefit from this trend by producing more digital content than before. As a result, a lot of exciting streaming content has emerged during the COVID-19 pandemic from Star Wars-themed ballet classes to at-home musicals. However, anyone using another copyright- or trademark-protected work risks receiving cease and desist letters, monetary fines and potentially imprisonment when incorporating protected content into their online brand."

Can R.E.M. stop Trump campaign from playing its songs at rallies?; CBS News, January 17, 2020

Kate Gibson, CBS News; Can R.E.M. stop Trump campaign from playing its songs at rallies?

"As R.E.M. threatens legal action to stop President Donald Trump from playing its classic hit songs at campaign rallies, the iconic band joins other musicians who have objected to their work serving as backdrops for politicians. Legal experts say artists do have a say in how their music is used, but getting their day in court can be costly and take years to pursue."

New York Bar Sues Image Comics and Forbidden Planet For $2 Million Over Dead Rabbit Trademark; Bleeding Cool, November 20, 2018

Rich Johnston, Bleeding Cool; New York Bar Sues Image Comics and Forbidden Planet For $2 Million Over Dead Rabbit Trademark

"In May of this year, Bleeding Cool pointed out that there may be a possible problem regarding the trademark of a bar in New York, Dead Rabbit, which published its own comic books/menus, and the then-upcoming comic book Dead Rabbit, by Gerry Duggan and John McCrea, published by Image Comics, and both named after an infamous New York gang."

Steven Tyler orders Donald Trump to stop playing Aerosmith music at rallies; The Guardian, Augist 23, 2018

Ben Beaumont-Thomas, The Guardian; Steven Tyler orders Donald Trump to stop playing Aerosmith music at rallies

"Steven Tyler, the lead singer of Aerosmith, has ordered Donald Trump to stop playing Aerosmith songs at his political rallies.

Aerosmith’s Livin’ on the Edge was played at a Trump rally in Charleston, West Virginia, on Tuesday. In a cease-and-desist letter, Tyler’s lawyers argued: “Mr Trump is creating the false impression that our client has given his consent for the use of his music, and even that he endorses the presidency of Mr Trump.”"

A Midwestern chain told Hawaiians to stop using ‘Aloha’ with ‘Poke,’ igniting a heated debate; The Washington Post, July 30, 2018

Eli Rosenberg, The Washington Post; A Midwestern chain told Hawaiians to stop using ‘Aloha’ with ‘Poke,’ igniting a heated debate

"The lawyers with the firm represented a company from the city, the Aloha Poke Co., that had jumped on one of the latest food trends — selling the Hawaiian staple poke, made from raw marinated ahi tuna — in 2016 and quickly expanded their reach to more than a dozen locations in Chicago and cities such as Milwaukee, Denver, and Washington, D.C.

[Jeffrey] Sampson also operated a poke shop, a luncheonette of 20 seats that he had opened with three friends in downtown Honolulu that shared little in common with the Chicago chain besides the dish and, coincidentally or not, given the commonality of the Hawaiian word, the name. When Sampson and friends opened the luncheonette about a year and a half ago, they had named it the Aloha Poke Shop, using the traditional Hawaiian greeting and word of welcoming.

Now the lawyers, with the firm Olson and Cepuritis, Ltd., were demanding that he change the business’s name, website, logo and materials to cease using the words “Aloha” and “Aloha Poke” immediately...

In a statement posted on social media, the company said that it had two federal trademarks for its logo and the words “Aloha Poke,” for any use connected to restaurants, catering and take out. It took aim at what it said was misinformation being spread about its intent, and said it was only trying to stop “trademark infringers” in the restaurant industry who used the words “aloha” and “poke” in conjunction with one another."

Super Bowl Legal Blitz: Inside The NFL's Legendary Trademark Defense; Forbes, January 30, 2018

Michelle Fabio, Forbes; Super Bowl Legal Blitz: Inside The NFL's Legendary Trademark Defense

"A trademark is a "word, name, symbol, device, or any combination, used or intended to be used to identify and distinguish the goods/services of one seller or provider from those of others, and to indicate the source of the goods/services." Generally, courts use a "likelihood of confusion" test to determine whether trademark infringement has occurred, i.e., whether a consumer is likely to be confused as to the source of the goods or services by the allegedly infringing usage.

Legally speaking, defending a mark is an important aspect of being a trademark owner. Besides the potential weakening and loss of distinctiveness ("dilution" in trademark speak), the failure to enforce a trademark could even lead to the forfeiture of some of the available remedies for infringement.

For this reason, multimillion-dollar companies hire professional watch services to monitor trademark use and possible infringement. And with the NFL, nothing seems to escape its notice—or legal wrath—which goes far beyond just counterfeiters.

In 2007, the NFL sent a warning letter to an Indianapolis church that had advertised a “Super Bowl” party and planned to charge admission for a viewing on a screen larger than 55-inches. The league has since loosened its policies regarding gatherings—the word “Super Bowl” and team names can be used—but still no admission fees are allowed. For churches, the event must be held in the usual place of worship as opposed to a rented space.

Notably, the logos of the NFL, the Super Bowl and the participating teams may not be used, which has led to rather hilarious if legally sound results. Take, for example, this promotional image by a Bethlehem, Pennsylvania arts campus, which features clip art, "Birds" and "Big Game," instead of official NFL logos, "Philadelphia Eagles" and "Super Bowl"..."

What to do if you’re accused of patent infringement; Utah Business, August 2, 2017

Katherine A. Hamer and Nathan E. Whitlock, Utah Business; What to do if you’re accused of patent infringement

"Just as you are looking forward to the weekend, you receive a cease-and-desist letter accusing your company of patent infringement. Or, worse, you receive a summons and complaint. You have been sued. There goes the weekend.

As CEO, CTO or in-house lawyer, you may have only cursory experience with patents. It never occurred to you that what you sell could have been patented by others. And, until now, you had never heard of the company that owns the patent. What do you do?

Remember that anything you put in writing, other than to your lawyers, is potentially discoverable. So be careful of that email you are writing that says “looks like we might infringe.” Don’t write anything you wouldn’t want to see on the front page of The New York Times.

What you will need is the advice of an experienced team of patent attorneys. But first understanding something preliminarily about the patent, your risks and your options, will make it easier to have a productive discussion with your attorneys."

DISNEY SUES LIGHTSABER ACADEMY FOR TRADEMARK INFRINGEMENT; Comic Book Resources, 10/17/16

Jacob Hill, Comic Book Resources; DISNEY SUES LIGHTSABER ACADEMY FOR TRADEMARK INFRINGEMENT:

"According to The Hollywood Reporter, Michael Brown operated numerous businesses based on the Star Wars trademark including New York Jedi, the Lightsaber Academy and Thrills and Skills. After serving multiple cease and desist notices, Disney finally filed a complaint with the California federal court."

Can You Trademark a Cocktail Recipe?; Daily Beast, 9/27/16

Philip Greene, Daily Beast; Can You Trademark a Cocktail Recipe? :

"One of the most stressful drinks for a bar to put on its menu is one of the simplest: the Dark ‘n Stormy®. It’s certainly not the preparation that causes anxiety—just about anybody can make a serviceable version of this refreshing rum and ginger beer highball—but the brand of rum used can cause trouble.

It’s one of the few drinks (along with the Painkiller®) whose name is actually trademarked. In this case, Gosling’s Rum controls the moniker Dark ‘n Stormy, and if you put the drink on a menu it better be made with that brand of rum. If not, you might just get a cease and desist letter.

This, naturally, raises the question: Why aren’t more bartenders trademarking cocktail names? It’s a simple query with a long answer. Even as a trademark attorney and a cocktail geek, with one foot firmly in each field (well, maybe one is perched on the rail), I find it complicated to untangle."

Seattle salon shares trademark warning for small businesses; King5.com, 9/1/16

[Video] Heather Graf, King5.com; Seattle salon shares trademark warning for small businesses:

""The fact that they're spelled differently in this case really doesn't offer much protection," said attorney Robert Cumbow of Miller Nash Graham & Dunn. "How much do they look alike? How much do they sound alike? How close are they in meaning? And in this case, they look a lot alike. There's one extra extra letter in them. And they sound identical."

Cumbow said he knows it's a costly and frustrating experience for small business owners. His advice is for those business owners to do extensive research before choosing the name of their company.

"You've got to do your homework," he said. "So the very first thing for someone who is choosing a name for their business, product, or services is to get a search done, and make sure you aren't accidentally picking a name or product name that somebody else is already using.""

Olympic lawyers go for gold in trademark protection; CNBC, 8/18/16

Nicholas Wells, CNBC; Olympic lawyers go for gold in trademark protection:

"The Olympic games may be coming to a close in Brazil, but Olympic lawyers are still working hard in the U.S.

The U.S. Olympic Committee has come under fire this year for sending warning letters to businesses tweeting with "official" Olympic hashtags like "#TeamUSA" and "#Rio2016." But this isn't the first time the USOC has taken steps to protect its trademarked assets. Legal actions involving the USOC have become as routine as the games themselves.

Part of it is due to the special permission afforded the USOC in defending its intellectual property, and some is an abundance of intellectual property to be defended."

Milton Glaser Still Hearts New York; New York Times, 7/29/16

John Leland, New York Times; Milton Glaser Still Hearts New York:

"The original scrap of paper is now in the Museum of Modern Art. The logo, for which he received a $2,000 fee — less than the cost of producing the mock-ups, he said — now generates more that $1 million annually for the state in licensing fees, and keeps a bevy of state lawyers busy writing cease-and-desist letters for its unlicensed use...

Mr. Glaser’s touch has not always been so golden. When he tried to recapture the magic for the State of Rhode Island this year with the slogan “Warmer and Cooler,” people complained that the design was trite and overreaching, ultimately forcing the state’s chief marketing officer to resign.

“There was an explosion of negativity on the internet,” Mr. Glaser said, still marveling at the depth of the rancor."

Can R.E.M. demand Donald Trump “cease and desist” playing their song?; Salon.com, 9/10/15

Scott Timberg, Salon.com; Can R.E.M. demand Donald Trump “cease and desist” playing their song? :

"We spoke to intellectual property lawyer Joel Schoenfeld, a former counsel for the Record Industry Association of American and now an attorney at the New York firm Mitchell Silberberg & Knupp. The interview has been edited slightly for clarity.

This week we have another couple of cases of political figures using rock songs at rallies and the bands objecting. Do the musicians – R.E.M. and Survivor in these cases — have any legal leg to stand on?

Yes. Basically, when an artist records a song, there are usually two copyrights involved. One is the musical composition being performed, which may or may not be written by the people who perform it, and the other is the master recording of that song, usually owned by the artist or the band. Usually, if they’re relatively successful, the artist or band has signed a deal with their record label, who has then the full rights to exercise their copyright in that master recording. Same with a songwriter or composer, who has probably done a deal with a music publisher who also has those rights.

There are [also] artists who alleged public confusion – making the public think that artist is endorsing that politician. I’m not aware of any case that’s come to a judgment, but they’re usually settled and the politician is usually the one that apologizes."

A New Copyright Complaint Against Richard Prince; New York Times, 2/16/15

Jennifer Schuessler, New York Times; A New Copyright Complaint Against Richard Prince:

"A lawyer for the photographer Donald Graham has sent cease-and-desist letters to the artist Richard Prince and the Gagosian Gallery, requesting that they stop displaying or disseminating any artworks or other materials that include Mr. Graham’s images.

The complaint, which was first reported by the website Hyperallergic, stems from a work shown last fall at Gagosian in the exhibit “New Portraits,” which featured ink jet prints of images Mr. Prince had taken from Instagram. The work shows Mr. Graham’s photograph “Rastafarian Smoking a Joint, Jamaica” as it appeared on the Instagram feed of a third party, with the comment “Canal Zinian da lam jam” added by Mr. Prince."

Site to Resell Music Files Has Critics; New York Times, 11/14/11

Ben Sisario, New York Times; Site to Resell Music Files Has Critics:

"A legitimate secondhand marketplace for digital music has never been tried successfully, in part because few people think of reselling anything that is not physical. But last month a new company, ReDigi, opened a system that it calls a legal and secure way for people to get rid of unwanted music files and buy others at a discount.

The service has already drawn concern from music executives and legal scholars, who say it is operating in a gray area of the law. Last Thursday the Recording Industry Association of America, which represents the major record companies, sent ReDigi a cease-and-desist letter, accusing it of copyright infringement.

John Ossenmacher, ReDigi’s chief executive, contends that the service complies with copyright law, and that its technology offers safeguards to allay the industry’s concerns that people might profit from pirated music."

Firebowls, Copyright And Crowdfunding (Oh My); TechDirt, 10/30/09

Mike Masnick, TechDirt; Firebowls, Copyright And Crowdfunding (Oh My):

"Here's the summary of the situation:

Unger makes "firebowls" -- decorative metal bowls that you light a fire in (I had no idea such things existed).

He copyrighted the design of his firebowls.

He then discovered that Rick Wittrig was making firebowls that look remarkably similar, but are a bit cheaper.

Unger got angry and sent a cease-and-desist

Wittrig filed a lawsuit to claim that Unger's registered copyrights are not legitimate, as there shouldn't be any copyright on utilitarian objects.

Unger writes up his side of the story (small artist being ripped off!) and asks people to fund his legal defense using popular crowdfunding site Kickstarter"

http://www.techdirt.com/articles/20091030/0412566732.shtml