A Fight Over Cheerleading Uniforms Is Heading to the Supreme Court; Fortune, 5/2/16

Chris Morris, Fortune; A Fight Over Cheerleading Uniforms Is Heading to the Supreme Court:

"The high court has agreed to hear a case over whether stripes, zigzags and colors worn on uniforms by cheerleaders can be copyrighted under federal law. While it’s a case that might sound unusual, it’s one that could have far-reaching effects.

At issue is an August 2015 ruling by the 6th Circuit Court of Appeals in Cincinnati. That decision allowed Varsity Brand to pursue a copyright claim against Star Athletica, based on similar uniform designs. Justices said the stripes, chevrons, zigzags, and color blocks in the outfits were more than aesthetic touches – and, in fact, made the outfit a cheerleading uniform.

The 6th Circuit Court Justices, in a split opinion, said the original ruling, which found that the designs weren’t subject to copyright laws “would render nearly all artwork unprotectable.” Also at issue, they wrote, could be designs on laminate flooring as well as the decorative base on some lamps...

Copyright law, when it comes to clothing, is less protective than you might think. Fabric designs are covered, but aspects like sleeve styles, pockets and necklines are not copyrightable, since they’re considered inseparable from the chief purpose of the outfit – to cover your body."

‘Zappa Plays Zappa’ Pits Zappa vs. Zappa; New York Times, 4/29/16

Ben Sisario, New York Times; ‘Zappa Plays Zappa’ Pits Zappa vs. Zappa:

"This month, the Zappa Family Trust, which owns the rights to Mr. Zappa’s music, informed Dweezil that he did not have permission to tour as Zappa Plays Zappa — the name is a trademark owned by the trust — and that he risked copyright infringement damages of $150,000 each time he played a song without proper permission.

“My last name is Zappa; my father was Frank Zappa,” Dweezil said. “But I am not allowed to use the name on its own. I’m not allowed to use a picture of him. I’m not allowed to use my own connection with him without some sort of deal to be struck.”"

Behold, a legal brief written in Klingon; Washington Post, 4/29/16

Brian Fung, Washington Post; Behold, a legal brief written in Klingon:

"A group of linguists is boldly going where no one has gone before.

In a legal brief peppered with idioms written in the original Klingon, the Language Creation Society — a California nonprofit devoted to supporting "constructed languages" — is trying to convince a court that the alien language from "Star Trek" is a real, "living" form of communication.

The made-up language is at the heart of a big copyright case involving CBS and Paramount, which own the rights to the "Star Trek" franchise, and a group of filmmakers who are trying to produce their own, original "Star Trek" film. If the studios win the fight, it would deal a major blow to the crowdfunded movie and to subsequent fan creations."

FOX WILL NOT PRESENT IN SDCC'S HALL H DUE TO PIRACY CONCERNS; Comic Book Resources, 4/28/16

Brett White, Comic Book Resources; FOX WILL NOT PRESENT IN SDCC'S HALL H DUE TO PIRACY CONCERNS:

"Fans eager to learn more about Fox's slate of X-Men films will be disappointed to learn that the studio will not be attending San Diego's Comic-Con International this year. The report comes from The Wrap, who says that a source close to the studio has said that Fox has pulled out of a Hall H presentation, which would include sneak peeks and information about upcoming Fox movies, over piracy concerns."

Celebrating American Ingenuity and Innovation on World Intellectual Property Day; The White House, 4/26/16

Danny Marti, The White House; Celebrating American Ingenuity and Innovation on World Intellectual Property Day:

"Today, on World Intellectual Property Day 2016, we join our partners around the world in celebrating the important role that the creative and innovative communities play in our cultural and economic lives.

As President Obama said in commemoration of World Intellectual Property Day, or World IP Day, today: “Whether through the music or movies that inspire us, the literature that moves us, or the technologies we rely on each day, ingenuity and innovation serve as the foundations upon which we will continue to grow our economies and bridge our cultural identities.”...

So take a moment today to join President Obama in celebrating the role of intellectual property in our world. And to all the makers out there, keep doing what you do. America’s greatest export truly is the creativity and innovation of the American people."

On IP Protection, USTR Finds Fault With China, India … And Switzerland?; Intellectual Property Watch, 4/27/16

William New, Intellectual Property Watch; On IP Protection, USTR Finds Fault With China, India … And Switzerland? :

"The Office of the United States Trade Representative (USTR) does not hesitate to add even its closest friends to its annual list of concerns about possible inadequate protection of US intellectual property rights...

This year’s report is available here.

Other close partners on the list or facing further scrutiny include Canada, Chile, Colombia and Spain. And as an example of the breadth of the report, problems US rightsholders claim to have defending country-code internet domain names led USTR, in the report, to cite China, Denmark, Germany, the Netherlands, Spain, Sweden, and Switzerland.

The report also includes an extensive section on geographical indications, taking issue with the European Union system.

This year’s report also reflects the increasing inclusion of trade secrets in the context of intellectual property rights, despite significant differences in purpose. It singles out China and India for problems on trade secret protection."

Copyright Case Victor Returns to Supreme Court for Legal Fees; New York Times, 4/25/16

Adam Liptak, New York Times; Copyright Case Victor Returns to Supreme Court for Legal Fees:

"Three years ago, a Thai student who had helped finance his American education by selling imported textbooks won a major Supreme Court victory, persuading the justices that it is lawful to buy copyrighted books abroad and resell them in the United States. The ruling, which clarified an ambiguous phrase in the Copyright Act, applied to all manner of products, including books, records, art and software.

The student, Supap Kirtsaeng, returned to the Supreme Court on Monday, seeking more than $2 million in legal fees from John Wiley & Sons, the publisher that had sued him.

The usual rule in American civil litigation is that each side pays its own lawyers regardless of who wins. But the Copyright Act allows judges to “award a reasonable attorney’s fee to the prevailing party.”

Federal appeals courts apply different standards in deciding when fee awards in copyright cases are warranted."