Copyright

Kaught Red Handed: Kardashians Sued for Stolen Name

By Kathleen Melhorn | amdlawgroup.com   After adding an H in “Kroma”, the Kardashians are facing a multi-million dollar lawsuit over their new line of beauty products. In fact, a judge ruled that all of the products be removed from over 5,000 retail stores because of the brand theft. The sisters are facing a serious battle considering how deliberate the stealing of the name looks. The original Kroma products, created by Lee Tillet over 12 years ago, have been patented by t

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Who Owns the Rights to the “Happy Birthday” Song?

By Kelsey Laugel  |www.amdlawgroup.com In a recent suit against Warner/Chappell, the current owners of the copyright to the famous “Happy Birthday” song, plaintiffs Good Morning to You Productions Corp. called the validity of the copyright into question. The California federal judge overseeing the case has since ordered the parties to provide more evidence regarding the alleged abandonment of the copyright. It may surprise some to know that this popular song, consisting of a six-note

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Brand Protection: Why it is important?

  By Aurelia Mitchell Durant, Esquire (reposted her personal blog, www.aureliamitchelldurant.com) For years I have been flooding my sphere of influence with information about brand protection: what it is and why it is important.  Ideas become protectable brands. The reason that the concept resonates with me is that I have fallen prey to running my mouth about a great idea that came to me in one of my daily daydreams and watched someone else bring the concept to reality.  Sure, t

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Oscar Statues and Copyright Infringement

By Tasha Schmidt | amdlawgroup.com If you were thinking about having an Oscar themed party and furnishing it with replicas of the iconic gold Oscar statues, you should probably think twice. The Academy of the Motion Picture Arts and Science has a reputation for defending their copyrights and trademarks. And this is exactly what they did with the company TheEventLine.com. Back in March 2011, the Academy sued the company on the grounds that they violated the copyright and entertainment law prov

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P.E.A. and MGM Fighting Over Eastwood Films

By Christina Severino | amdlawgroup.com P.E.A. Films, Inc. is seeking to terminate MGM’s (Metro-Goldwyn-Meyer) contracts, which granted licensing rights for three films headlined by Clint Eastwood (“The Good, the Bad and the Ugly” and “For a Few Dollars More”) and Marlon Brando (Last Tango). The films at issue were all produced by P.E.A.’s legendary Alberto Grimaldi. P.E.A. has filed its complaint in New York federal court against MGM, seeking damages starting at $5 million. Spe

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Pandora’s Licensing Rights Won’t be Yanked

By Christina Severino | amdlawgroup.com A 2013 decision by New York federal judge Louis Stanton has prompted digital media outlets, namely Pandora Radio, to seek advice how to proceed if their licensing rights were to be taken. Judge Stanton ruled that if major music publishers decide to withdraw performance licenses, they must withdraw fully, not just partially to avoid online digital streaming companies. This decision resulted after Sony/ATV and EMI modified their consent decrees with BMI, wh

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Estate of Marilyn Monroe Virtually Sued

By Christina Severineo | amdlawgroup.com The advent of holographic depictions of deceased celebrities has been trending, with artists such as Michael Jackson being projected and performing on stage with other performers. The hologram of Michael Jackson during the 2014 Billboard Music Awards was truly a bittersweet experience for audience members. Nonetheless, the growth in use of avatars, holographs, and CGI in live performances has given rise to several legal issues, including who has patent r

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Fashion Law: What Threatens Your Brand Value & What Causes the Invasion of Online Piracies? (1)

By Sindy Wenjin Ding | amdlawgroup.com             Although it has long been said the imitation may be the sincerest form of flattery, in fashion business, unauthorized “imitations” cost companies immeasurable sums in lost sales and damage to the reputation.[i] Most fashion companies don't welcome, even fear this kind of flattering, when counterfeiters imitates and squat in websites that bear valuable intellectual property of companies or individuals without their permissions. Li

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The Emerging Market of Revenge Porn

Brandon McCoy | www.amdlawgroup.com Imagine meeting the man or woman of your dreams. You are in bliss as the two of you undertake the journey to build a loving, and comfortable relationship. The relationship is a safe haven, a place of solace. It is so sacred that the two of you become romantically involved. You trust one another so much that harmless photos or videos are shared, and saved on each other’s mobile or media devices for future viewing. Then the unthinkable happens…a nasty bre

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Trademarks on the Watch Get Smart

By Caroline Lau | amdlawgroup.com This past June, Apple has filed for a trademark on the name “iWatch” in Taiwan, Japan, Russia and Mexico, and reportedly in Turkey, Chile and Colombia as well. Analysts take the term to imply that a new ‘smart watch’ is in the works to be released by the tech company; however, the trademark applications could just be a protective move to reserve the name itself, or it could signify a different type of product altogether (some have speculated at te

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People must LIKE to sue Facebook

By Kathleen Melhorn | amdlawgroup.com             For the umpteenth time, Facebook is facing copyright infringement charges this week. After a Dutch family realized Facebook had very similar features to the invention made by their deceased kin, a lawsuit was issued. A  Dutch programmer by the name of Jos Van Der Meer made a program that was much like a “social diary” and linked content from third party sites. He was also granted a patent for this feature in 1998, long before Fac

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You Can’t Have My Blessing…Or The Music!

By Breanna Pendilton | amdlawgroup.com Copyright law is founded upon the theory that it will promote and incentivize new works, while also giving credit to the originator.  But what happens when the owner of that work, will not share it?  Does that promote and incentivize new works?  Lifetime has recently announced its plans to make a biopic of the late singer Aaliyah, who died tragically in a plane crash at the age of 22 in 2001.  Her family, who was not contacted about the biopic, is not

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