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JESUS JEANS v. JESUS SURFED: THIS TIME, IT’S BIBLICAL!

It appears Jesus Jeans SRL, the controversial Italian fashion company, has cast the first stone against Michael Julius Anton, the man behind the ‘Jesus Surfed’ fashion label, in its latest attempt to stop anyone from registering the name ‘Jesus’ as a trademark for clothing. It seems most have ‘turned the other cheek’ and backed down – but not Mr. Anton.

Mr. Anton filed a federal trademark application to register JESUS SURFED in May 2012 for shirts, t-shirts, hats and bandanas (Application No: 85/638044). Jesus Jeans then filed an Opposition to the application with the Trademark Trial and Appeal Board (TTAB) in February 2013 arguing that the JESUS SURFED mark would, if registered, cause confusion with its own registered mark, JESUS (Registration No: 3232057) which covers a variety of clothing items. Jesus Jeans argued its rights in the mark date back to 1999 and asserted that it had successfully opposed similar applications for ‘Jesus Couture’, ‘Jesus Image’, ‘Sweet Jesus’, ‘Jesus Loves Jeans’, ‘Jesus Chic’, ‘Jesus First’, and ‘Jesus Saves’, to name but a few. Continue reading

Veoh Wins Again…

Another battle in the war between file-sharing websites and the the music and film studios. Veoh Networks, owner and operator of the ‘Veoh’ media-hosting website, has won its latest battle against Universal Music Group.  Universal had filed suit for copyright infringement claiming that the Veoh website – on which users can post video and music clips – contained infringing material, and that Veoh had stored the infringing clips.  Veoh denied the claims arguing that it had complied with the requirements for ‘safe harbor’ protection given to internet providers and websites under the Digital Millennium Copyright Act (DMCA) because it acted quickly to remove material when an allegation of infringement was received, and that it did not have ‘actual knowledge’ that the materials in question were infringing.

Finding that Veoh Networks was entitled to the protection afforded by the ‘safe harbor’ provisions of the Digital Millennium Copyright Act (DMCA), the Ninth Circuit Court of Appeals sided with Veoh.  Judge Raymond C. Fisher for the Court stated that “merely hosting a category of copyrightable content, such as music videos, with the general knowledge that one’s services could be used to share infringing material, is insufficient” to establish liability for copyright infringement on the part of the website.  As such, Veoh did not have the “substantial influence on the activities of users” for a finding of liability.

The case is UMG Recordings Inc. v. Veoh Networks Inc., 10- 0955902, U.S. Court of Appeals for the Ninth Circuit, and can be viewed at: http://cdn.ca9.uscourts.gov/datastore/opinions/2013/03/14/09-55902.pdf

 

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