Declaratory Judgment Action Filed over the Rights to “Happy Birthday”

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Everyone knows it; from young children to centenarians. But did you know that Warner Brothers Music Group claims that it still holds the copyright to the song “Happy Birthday”? Good Morning To You Productions Corp., a New York company that says it is making a documentary about the song, has recently filed a suit in… Continue reading Declaratory Judgment Action Filed over the Rights to “Happy Birthday”

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Group seeks cancellation of pro-football team mark

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Under the Lanham Act, which provides the situations in which a mark can be registered, there are also a number of prohibitions on registration. See Lanham Act § 2(a), 15 U.S.C. § 1052(a). One such bar on registration is a mark that disparages a person, institution, belief, or national symbol—and Native Americans have challenged trademark… Continue reading Group seeks cancellation of pro-football team mark

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Supreme Court decides First Sale Doctrine applies for foreign-made works

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In a 6-3 decision, the Supreme Court overturned a controversial Second Circuit opinion and held that the first sale doctrine applies to a copyrighted work lawfully made abroad. This case, Kirstaeng v. John Wiley & Sons, is one that has been closely followed by many copyright scholars and publishers alike due to the potential implications… Continue reading Supreme Court decides First Sale Doctrine applies for foreign-made works

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Laches, Trademark Enforcement, and Injunctive Relief

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One key aspect of protecting a trademark is policing the mark. A failure to police a mark may render the mark owner’s trademark unprotectable if another party begins infringing the mark without recourse, especially if the activity goes on unchallenged for a long period of time. However, a recent ruling by the 5th Circuit Court… Continue reading Laches, Trademark Enforcement, and Injunctive Relief

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The Copyright Mystery of Sherlock Holmes

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Sir Arthur Conan Doyle wrote the Sherlock Holmes stories at various times between 1887 and 1927. Leslie S. Klinger is a living expert on the mystery and thriller genres in literature, including the Canon of Sherlock Holmes. The Canon “refers to the four (4) novels and fifty-six (56) stories by Sir Arthur Conan Doyle featuring… Continue reading The Copyright Mystery of Sherlock Holmes

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