Sometimes, the best place to determine whether a work qualifies as art is in a courtroom. In a recent decision, Judge John H. Chun of the District Court for the Western District of Washington found that a driving simulator...more
11/23/2022
/ Artistic Works ,
First Amendment ,
Intellectual Property Protection ,
Lanham Act ,
Likelihood of Confusion ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Unfair Competition ,
Unjust Enrichment ,
Video Games
Just two months ago, we published a post about an Eastern District of Pennsylvania decision in the Pellegrino v. Epic Games case regarding Epic’s online battle royale video game, Fortnite. In that case, saxophonist Leo...more
6/16/2020
/ Avatar ,
Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Music ,
Right of Publicity ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Video Games ,
YouTube
Even devoted comic book fans and other true believers might not know that the term “Comic-Con” is meant to refer to the king of comic conventions - the San Diego Comic Convention (“SDCC”) - not all comic conventions in...more
In a recent decision, Judge John R. Padova of the federal court for the Eastern District of Pennsylvania dismissed seven out of eight of the claims brought by musician Leo Pellegrino alleging that Epic Games unlawfully copied...more
On November 6, 2019, I discussed a licensing dispute regarding Ms. Pac-Man between Bandai Namco and AtGames Holdings. At that time, Bandai Namco sought a preliminary injunction against AtGames based on AtGames’ alleged...more
1980 was a momentous year. Not only was it the year in which the Rubik’s Cube was first released, it was also when approximately 350 million people worldwide finally learned who shot J.R. on TV’s “Dallas” (spoiler alert: it...more
11/6/2019
/ Acquisitions ,
Arbitration ,
Assignments ,
Commercial Use ,
Contract Disputes ,
Copyright ,
Games ,
Infringement ,
Intellectual Property Protection ,
IP Assignment Agreements ,
IP Litigation ,
License Agreements ,
Royalties ,
Trademarks ,
Video Games
One year ago, I wrote a post about the Lohan v. Take-Two Interactive case in which Lindsay Lohan thought she recognized her image in Take-Two’s Grand Theft Auto V (“GTAV”) video game. Many people who notice that they resemble...more
4/25/2019
/ Cease and Desist ,
Celebrities ,
Dismissals ,
Fair Use ,
First Amendment ,
Intellectual Property Protection ,
Right of Publicity ,
Royalties ,
Trademark Infringement ,
Trademark Litigation ,
Trademarks ,
Unfair Competition
The recent decision of DeLorean v. DeLorean Motor Co. is no doubt significant to the parties as well as attorneys and courts who will cite it in future briefs and decisions. However, it is also important because it...more
10/26/2018
/ Beneficiaries ,
Covenant Not to Sue ,
DeLorean ,
Estate Claims ,
IP License ,
Logos ,
Manufacturers ,
Movies ,
Royalties ,
Settlement Agreements ,
Tortious Interference ,
Trade Dress ,
Trademark Infringement ,
Trademarks ,
Unjust Enrichment