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Results: 1-10 of 25

Ninth Circuit “Betty Boop” decision threatens sports logo, college and character licensing

  • Locke Lord LLP
  • -
  • USA
  • -
  • February 25 2011

Licensing programs for professional and college sports logos, and other character licensing programs have been put at risk by a recent decision of the U.S. Court of Appeals for the Ninth Circuit. In Fleischer Studios, Inc. v. A.V.E.L.A., Inc., No. 09-56317 (9th Cir. Feb. 23, 2011), the Ninth Circuitwhose rulings are binding on federal courts in California, Oregon, Washington, Arizona, Nevada, Idaho, Montana, and Hawaiithrew out claims asserted by the alleged owners of the copyrights and trademarks in the image of the famous mid-20th century cartoon icon, BETTY BOOP

District court finds personal jurisdiction over defendants in Berklee College of Music, Inc. trademark and copyright lawsuit

  • Nutter McClennen & Fish LLP
  • -
  • USA
  • -
  • November 18 2010

Plaintiff Berklee College of Music, Inc. (“Berklee”) brought this action against Defendants Music Industry Educators, Inc. (“MIE”) and its majority owner John Terrell, alleging trademark and copyright infringement, unfair competition, and deceptive trade practices under M.G.L. c. 93A stemming from publication of Berklee’s copyrighted material and trademarks on MIE’s website

Boop-oop-a-doop oops! Family of Betty Boop creator loses infringement claims due to flawed chain of title

  • McDermott Will & Emery
  • -
  • USA
  • -
  • March 31 2011

The U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s holding that the family of the creator of the 1930s cartoon character Betty Boop lacked the requisite copyright or trademark rights to prevent a company from selling merchandise featuring the Betty Boop image

Infringement and circumvention of massively multiplayer online video game yield $300,000 damages award

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

The court entered a default judgment for statutory damages for trademark and copyright infringement and circumvention of technological measures resulting from the distribution of unauthorized copies of the plaintiff's videogame

Offering incentives to upload infringing content may create liability

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • September 28 2011

Adult entertainment company Perfect 10, Inc. sued an online file storage company for copyright and trademark infringement after users uploaded certain Perfect 10 content to the defendant’s service without authorization

Fleischer Studios, Inc. v. A.V.E.L.A, Inc.

  • Loeb & Loeb LLP
  • -
  • USA
  • -
  • August 24 2011

Ninth Circuit withdraws previous opinion and enters new decision affirming district court’s grant of summary judgment in favor of defendants on copyright and image trademark claims in “Betty Boop” cartoon character, and reversing grant of summary judgment on trademark claim in words “Betty Boop.”

2011 media year in review

  • Sedgwick LLP
  • -
  • USA
  • -
  • January 18 2012

2012 is here, and in our first issue in the New Year, the Media Law Bulletin is taking a look back at some interesting legal developments of 2011: the Ninth Circuit Court of Appeals ruled on the Digital Millennium Copyright Act's (DMCA) safe harbor provision concerning copyrighted material and on an Apple software license agreement; a Federal Circuit court permitted an accused infringer to use reexamination as a way to avoid liability for infringement; the Ninth Circuit ruled on how trademark holders protect their intellectual property; and a Federal Circuit decision on an appeal from the Board of Patent Appeals and Interferences (BPAI) on whether friction-welding claims were obvious

Anonymous bloggers and the First Amendment: when and how your company can identify its John Doe defendants

  • Sheppard Mullin Richter & Hampton LLP
  • -
  • USA
  • -
  • July 25 2011

The exponential growth of the internet is also seeing an increase in the number of legal actions against “John Doe” defendants

CCA and B, LLC v. F W Media, Inc

  • Loeb & Loeb LLP
  • -
  • USA
  • -
  • October 12 2011

District court denies motion for preliminary injunction in a copyright and trademark infringement action brought by the publisher of the Christmas book The Elf on the Shelf, finding that defendant publisher’s book was a parody of plaintiff’s work and was sufficiently transformative to render it a fair use

Green Day's unlicensed use of image in concert video held a fair use

  • Winston & Strawn LLP
  • -
  • USA
  • -
  • October 20 2011

An artist sued the band Green Day for copyright infringement, trademark infringement, and unfair competition, alleging that the band used the artist's copyrighted image as part of a video backdrop displayed during certain live Green Day performances without permission

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