Posted On: October 30, 2010

Black Eyed Peas Sued For Copyright Infringement – They Gotta Feeling

copyright-infringement-black-eyed-peas.jpgDavid Guetta, the Black Eyed Peas, individual members of the band, their publishers and record companies were sued for copyright infringement, claiming that the band’s “I Gotta Feeling” hit-song was based on Bryan Pringle’s “Take a Dive” song.

Pringle alleges that he wrote “Take a Dive” in 1998, which song and different versions thereof were sent to Interscope Records, EMI and UMG Recordings. The complaint contends that “[t]he song ‘I Gotta Feeling’ is substantially similar to Plaintiff’s song ‘Take a Dive.’ Actually it is strikingly similar, and the main instrumental ‘hook line’ sequences in both songs – the distinct, memorable parts of both songs to the ear – are identical...There can be no reasonable, alternative explanation for these similarities other than the fact that the Black Eyed Peas, David Guetta and/or Frederick Riesterer directly copied Plaintiff’s song.”

Listen to the two songs and compare:

The case is Bryan Pringle v. William Adams, Jr. et al., SACV10-1656 JST (C.D. Cal. 2010).

Posted On: October 20, 2010

New Era Cap and Hat World Sued For Copyright Infringement

Plaintiff Figure Eight Holdings acquired by assignment the copyright in the “treacherous” design depicted below (left). Plaintiff alleges that defendants had access to the design and that defendant New Era Cap has sold caps bearing a substantially similar design to retailers, including defendant Hat World. “Defendants have been demanded to cease and desist from all sales and manufacturing of caps and apparel incorporating Plaintiff’s copyrighted Subject Design, and cease and desist from printing the copyrighted Subject Design without consent.” Plaintiff alleges that Defendants have refused to stop selling the accused product, thus necessitating the lawsuit.

copyright-infringement-hat-cap-assignment.jpg

The case is Figure Eight Holdings, LLC v. New Era Cap Co., Inc., et al., CV10-7815 AHM (C.D. Cal. 2010).

Posted On: October 14, 2010

Energy Drink Trademark Lawsuit: Monster’s Killer B vs. Killer Buzz

trademark-attorney-drink-beverage-energy-killer-buzz-monster.jpgLos Angeles, CA – In a buzz worthy turn of events, Hansen Beverage Company filed a declaratory judgment action against PBEV, seeking a ruling that its use of the term “buzz” and “Killer-B” on its Monster Energy® drinks does not infringe PBEV’s “Killer Buzz” trademark.

Hansen alleges that in July 2009, it launched a new line of soft drinks under the mark Nitrous Monster Energy, where one product bears the mark Killer-B as a flavor designation. A year later, Hansen received a cease-and-desist letter alleging trademark infringement. Hansen’s complaint maintains that its Killer-B mark is not confusingly similar to the Killer Buzz mark, including the dissimilarity in packaging on which the marks appear. The case is Hansen Beverage Company v. PBEV, LLC, CV10-07594 CAS (C.D. Cal. 2010).

KILLER BUZZ PHOTO CREDIT & PRODUCT REVIEW FROM EDJUNKIE.COM