You can follow us on…

You can email us at…

America’s Favorite Toy

The illustration "colorful building blocks isolated on white" by koya979

Source: United States Patent and Trademark Office, www.uspto.gov

58 years ago yesterday, January 28, 1958, the world of children’s toys was changed forever when the first patent was filed in Denmark by Godfredt Kirk Christiansen for the LEGO Brick, initially called in the application the “Toy Building Block”.  These interlocking plastic bricks would soon take the globe by storm, and open up the imagination of the millions of kids, and adults, who were suddenly able to build almost any structure imaginable.  While the application for what would come to be known as the LEGO Brick cited a...

MORE »

Happy Birthday to All

©Ruth Black Purchased with permission of Fotolia

      “Happy Birthday to You” (“Happy Birthday”), the catchy tune notoriously sung at birthday parties around the world, received a legal victory on September 22nd. Judge George H. King, of the U.S. District Court for the Central District of California, conclusively ruled that the lyrics so synonymous with cake and candles, belongs to the people.

      The action arose in 2013 when Rupa Marya, singer of the band Rupa & The April Fishes, tried to include in her new album a live soundbite of an audience singing to her “Happy Birthday”. Warner/Chappell Music, Inc. (“Warner/Chappell”)...

MORE »

“Let’s Not Go Crazy” About Lenz v. Universal Music Corp. et al.

Courthouse

 

In a highly anticipated decision, on September 14, 2015, the Ninth Circuit in Lenz v. Universal Music Corp. et al. ruled that copyright holders must consider fair use prior to sending a takedown notice under the DMCA or they may run the risk of being held liable for nominal damages under 17 U.S.C. § 512(f).  Yet, what implications does this decision have for copyright holders, who are already struggling to enforce their rights as the Internet and technology rapidly progresses?  Although the decision mandates that copyright holders partake in a fair use inquiry prior to issuing a takedown...

MORE »

The New Copyright Moriarty

“The Sherlock Holmes Museum - 221b Baker Street, London - Sherlock Holmes,” © 2011 Elliott Brown, used under a Creative Commons Attribution-ShareAlike license http://creativecommons.org/licenses/by/2.0/

This story begins when an author undertook the publication of a collection of new tales, which was tentatively titled In the Company of Sherlock Holmes. The Estate of Sir Conan Doyle (“Estate”) purports to own the copyrights in and to Mr. Doyle’s Sherlock Holmes body of works and demanded that the author obtain a paid license, leading the author to file a declaratory judgment action. The Estate, however, declined to litigate the issue by filing any responsive pleading. Not being satisfied with a possible default judgment, the author has filed a summary judgment motion, requesting that the court...

MORE »

Kate Spade’s Bright Colors Pay off In Spades

Spade

Kate Spade LLC (“Kate Spade”) recently weathered an attempt by Saturdays Surf LLC’s (“Saturdays Surf”) to enjoin Kate Spade’s use of the trademark “Kate Spade Saturday” in connection with clothing.  Kate Spade filed a declaratory judgment action against Saturdays Surf seeking a judgment that Kate Spade’s “Kate Spade Saturday” trademark did not infringe Saturdays Surf’s “Saturdays Surf NYC” trademark.

The court found in favor of Kate Spade for several reasons.  First, each party’s clothing was marketed to a different demographic, men v. women, and 40% of Kate Spade’s “Kate Spade Saturday” line consisted of dresses.  The majority...

MORE »

Epstein Drangel LLP
One Grand Central Place

60 East 42nd Street, Suite 2410
New York, NY 10165

Tel: 212-292-5390 / 1-800-343-IDEA
Fax: 212-292-5391

mail@ipcounselors.com
www.ipcounselors.com