by Kathleen Lynch | Feb 16, 2016 | Trademark Service Mark
If you want to be a superhero, you’re going to have to create your own logo. In a recent California court case, DC Comics v. Mad Engine, Inc., the court refused to dismiss an action brought by DC Comics against Mad Engine for trademark infringement. Mad Engine was selling t-shirts with a “dad” logo in red and yellow on a blue shirt. The logo was a five-sided shield similar is style to the Superman “S” that appears in DC Comics books and movies.
Mad Engine asked the court to dismiss the lawsuit on the basis that the “dad” logo was a parody of the Superman logo. The court rejected the argument and the case now moves on to trial.
What’s the take away here? Even if you think your mark is a parody of another mark. The owner of the other mark may not share your sense of humor. Think twice before proceeding with a mark like that.
Protecting your innovative developments is critical to any organization. Having the right person to help you make that decision is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at kl****@*****aw.com.
As an aside, I’ll be speaking on Thursday, February 18th at the NC Bar Association Business Law Section Annual Meeting on a panel discussion of IP issues in Pinehurst NC. Anyone thinking of attending, I hope you do as it is shaping up to be an interesting program. I’ll also be there on behalf of NCLEAP (North Carolina Lawyer Entrepreneur’s Assistance Program) recruiting new volunteers. If you’re there, please come and say “hello”.
by Kathleen Lynch | Nov 24, 2015 | IP Management
There was an interesting article yesterday in the Wall Street Journal about patent demand letters. These are letters sent alleging patent infringement and demanding a cessation in all infringing activity usually followed by a request for a payment. The author, Colleen Chien, proposes that sometimes the best thing to do is nothing at all.
The article discusses the tactics of patent trolls, competitors and “patent bullies” and how they may strategically pursue one or more parties for infringement. In some cases, where a patent troll or patent owner trying to test the waters may send out demand letters to obtain settlements from a number of parties. However, Ms. Chien also points out that there are times that a patent holder may want to litigate in an effort to obtain a large damage award in a jury trial.
One thing Ms. Chien doesn’t address is the merits of the demand letter. When you receive a letter alleging patent infringement, do the allegations have any merit? A “do nothing” response may set you up for a patent infringement suit that may have been avoidable.
What’s the take away here? You are better off having a patent demand letter reviewed by patent counsel to address the merits of the accusation. Then you can make an informed decision as to whether the substantive allegations in the letter deserve a response.
Protecting your innovative developments is critical to any organization. Having the right person to help you make that decision is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at kl****@*****aw.com.
by Kathleen Lynch | Sep 29, 2015 | IP Management
It is now settled: the Batmobile is subject to copyright protection. In a recent appellate court decision, the Batmobile was determined to have sufficient distinguishing features to entitle it to copyright protection.
The appeal was the result of a case brought by DC Comics against the owner of a garage in Los Angeles specializing in selling Batmobile replicas. DC Comics alleged that the garage committed copyright infringement when it sold cars that looked like the car in the 1966 television show and in the 1989 movie.
The court agreed. To find whether a character in a comic book, TV or movie is entitled to copyright protection, it must be shown that: (1) that the character has “physical as well as conceptual qualities”; (2) the character must be recognizable to people over time; and (3) the character is “especially distinctive”. The Batmobile passed the court’s test and DC Comics succeeded in stopping the sale of Batmobile replicas.
What’s the take away here? Think outside the box about how to best protect your intellectual property. While the Batmobile may not be considered under conventional standards as a “character”, the court found it was, and its shape and likeness are now subject to protection under copyright law.
Protecting your innovative developments is critical to any organization. Having the right person to help you make that decision is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at kl****@*****aw.com.
by Kathleen Lynch | Aug 25, 2015 | Trademark Service Mark
Michael Jordan was recently awarded almost nine million in damages after a supermarket used his name and likeness without his permission. Jordan sued Dominick’s Grocery store after it ran an advertisement promoting a $2 off coupon for steak. The advertisement read “Congratulations Michael Jordan, you are a cut above.” Jordan’s jersey number 23 was also displayed.
Jordan sued alleging that Dominick’s did not have his consent to use his name or his jersey number in connection with their advertisement and coupon. He asserted that he did not endorse the use of his name in connection with the promotion. The court agreed and awarded him 8.9 million dollars.
What’s the take away here? Protect your brand. Michael Jordan worked hard to become an uber famous basketball player and personality. Except for newsworthy items, Michael Jordan has every right to ensure that his name, jersey number and likeness are only used in a manner that he controls. Regardless of how complimentary a promotion may be, you cannot use another’s name, likeness or their affiliation (in this case, Michael’s jersey number) to promote your business.
Protecting your brand and other innovative developments is critical to any organization. Having the right person to help you make that decision is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at kl****@*****aw.com.
by Kathleen Lynch | Aug 11, 2015 | Entrepreneurship, Innovation, Start Up Considerations
Joseph Tierney, is a well known street artist known as “Rime”. He sued fashion designer, Jeremy Scott and high-end Italian apparel brand, Moschino over the dress Katy Perry wore to the Metropolitan Museum of Art’s Met Gala in May.
Rime accused Moschino and Scott of copying one his giant murals entitled “Vandal Eyes,” which is now located on the side of a Detroit building, and displaying the mural on Perry’s dress. The name and signature of Rime were also on the dress. The dress and mural can be seen here.
Rime is bringing copyright, unfair competition and publicity rights claims against Moschino and Scott.
Rime states that the dress, which violated his rights, was also worn by supermodel Gigi Hadid at a the February 2015 Moschino runway show in Milan. In addition, photos of the dress are on the company’s websites as well as social media. Court documents reference The Wall Street Journal as reporting Moschino experienced a 16 percent increase in revenue for the first quarter of 2015.
Rime is asking the court to stop any further marketing or sale of the dresses as well as all profits made from the sale or any dresses, and other monetary damages.
What’s the take away here? Don’t copy someone else’s material. If you find something you like, ask if you can use it. If you cannot, create something yourself or go elsewhere.
Protecting your innovative developments is critical to any organization. Having the right person to help you make that decision is important. The Law Office of Kathleen Lynch PLLC is designed to help businesses such as yours keep ahead of the game. The first telephone consultation is free. Email us at kl****@*****aw.com.
