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August 2019 Archives

News and Notes Focused on the 3 Public Faces of IP Law

  • Brand Image Protection - Trademark Law
  • Visual Image Protection - Copyright Law
  • Personal Image Protection - Right of Publicity Law

The Image Protection Law blog has been created in order to share stories and information on the legal aspects of: 1) the marketplace reputation of a company or product captured in its trademark, 2) published or publicly-displayed artwork, photography, and any created visual design, and 3) use of a person's photograph or likeness for product promotion or other commercial purposes.

The "IP3" share at least one thing in common: Image is everything. In these posts let's look at what that means in the realm of intellectual property in the news, but let's also be prepared to explore if there's something more beyond "everything." Don't forget, the intellectual in "intellectual property" doesn't mean smart or brainy, although by nature true creators often are. The word is used to refer to any creation, i.e., a "product of the mind." While this blog will be regularly updated, you are encouraged to share your thoughts on these posts.

Taco John's sends cease-and-desist letter for "Taco Tuesday"

Wyoming-based fast-food restaurant Taco John's was issued a federal trademark for TACO TUESDAY back in 1989. Readers may be surprised to hear this, as the phrase sounds pretty, well, generic. Several media sources report that Taco John's sent a cease-and-desist letter to Freedom's Edge Brewing Co. -- mere blocks from the Mexican-themed restaurant's headquarters in Cheyenne -- because Freedom's Edge used TACO TUESDAY to advertise a taco truck that parks outside the brewery on Tuesdays.

Songwriter alleges copyright infringement by Lady Gaga

We have written recently in this space about the controversy over whether it is appropriate to allow copyright ownership for very small note combinations in songs. Some argue that a short progression of notes is just a basic, generic element of a musical composition and too basic to grant intellectual property rights to it.

Metal band to settle trademark dispute over beer name

According to Reuters, on August 12 the band Guns N' Roses filed notice with the U.S. District Court for the Central District of California that it and Oskar Blues, a Colorado brewery, had agreed on July 31 to settle their trademark infringement dispute over the brewer's use of the label "Guns 'N' Rosé" for ale and on merchandise. The band's attorneys are crafting a settlement agreement and will eventually request that the May 9 suit be dismissed, presumably if the settlement is approved.  

Jury awards $2.7 million in damages in Katy Perry copyright case

On August 1, a federal jury in Los Angeles calculated that Katy Perry, her label Capitol Records and related co-defendants owe rapper Marcus Gray and his co-writer $2.78 million for copyright infringement for Perry’s 2013 megahit “Dark Horse.” Gray, also known professionally as Flame, alleged in his lawsuit that Perry and her writing and production team copied for “Dark Horse” a basic series of notes used repeatedly in Gray’s popular 2008 Christian rap song “Joyful Noise.”

Michael Jackson estate objects to KingOfPop.com to sell popcorn

At our law firm, we advocate for our clients who may be on either side of lawsuits over domain name ownership as well as those concerning cybersquatting. These legal proceedings, which often involve trademark infringement, are disputes about rightful ownership and use of domain names.

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