Articles Posted in Copyright Litigation

grammy-tickets-unauthorized-trademark-attorney-infringement-copyright.jpgThis is not your ordinary trademark infringement case. It involves Grammy Awards ceremony tickets, allegedly sold by now ex-Recording Academy member and trademark attorney – Matthew Blakely – to alleged swindler and trademark infringer Craig Banaszewski.

The dispute stretches back to 2012 when the Academy informed defendants that tickets to the Grammy awards were private, invitation only events and any unauthorized transfer or sale of the tickets was unlawful, would automatically void the tickets, and the ticket-holders would be deemed trespassers. Defendants complied with the Academy’s take-down requests and the issue appeared resolved.

In 2013, however, attorney Blakely reportedly sold his non-transferable tickets for between $65,000 and $89,500. But when the purchasers were denied entry, they sued Blakely after he refused to refund their money. Blakely informed the Hollywood Reporter that Banaszewski claimed he was obtaining tickets to revive 80’s and 90’s rock bands’ careers and Grammy appearances would be helpful. According to the Hollywood Reporter, “Blakely says he initially declined but then reconsidered after the guy ‘reiterated interest in potentially funding the film projects for Blakely Legal clients.'”

music-copyright-attorney-fees-infringement-kendrick-lamar-rigamortus-reed.jpgKendrick Lamar’s hit song “Rigamortus” may be DOA because he is accused of blatantly copying the music from “The Thorn.” Composer, musician, and recording artist Eric S. Reed composed “The Thorn” in 2009 for Willie Jones III’s 2010 recording The Next Phase (WJ3). Reed is the owner of U.S. Copyright Registration No. Pau 3-682-265 in the composition and Jones is the owner of U.S. Copyright Registration No. SR0721860 in the sound recording.

Plaintiffs deny granting Kendrick Lamar permission to use “The Thorn” in any manner, including the numerous versions and remixes which also incorporate Plaintiffs’ original sound recordings.

“The Thorn” is not merely a part of “Rigamortus” or even the heart of “Rigamortus”; it is “Rigamortus”. The distinctive and catchy refrain from “The Thorn” sound recording, sped up a bit, repeats as a continuous loop throughout the entire “Rigamortus” song while Lamar raps over it. The clever melodic triplets, infectious rhythm, and commanding horns from “The Thorn” are copied to “Rigamortus” directly from Jones’ sound recording. Defendants did not play any instruments or contribute any original musical performance to the “Rigamortus” sound recording. The instrumental element of “Rigamortus” and the composition that it embodies are owned and authored entirely by Jones and Reed respectively.

music-copyright-song-sampling-pitbull-kesha-timber.jpgSeeking at least $3 million in damages, songwriters Lee Oskar Levitin, Greg Errico, and Keri Oskar are suing Sony Music and Pitbull’s company for copyright infringement over his smash hit “Timber,” featuring Kesha. The duo’s popular song with a country twang is accused of unabashedly sampling the melody and harmonica riff from Plaintiffs’ 1978 hit “San Francisco Bay.”

Listen to the songs below and you be the judge.

San Francisco Bay

Plaintiff Dennis Morris is a renowned photographer and artist well known for his photographs of musicians and cultural icons. Morris is the owner of all copyrights in photographs he took of musicians Sid Vicious and John Lydon of The Sex Pistols band. Morris filed a copyright infringement lawsuit against artist Elizabeth Peyton and retailer Target for unauthorized use of the photographs in creating derivative artwork reproduced on merchandise sold throughout the United States. A side by side comparison of Morris’ photographs and the accused artwork is provided below:

copyright-infringement-photograph-morris-artist-elizabeth-peyton-sex-pistols.jpgThe complaint seeks unspecified damages, but seeks “disgorgement of each Defendant’s profits directly and indirectly attributable to said Defendant’s infringement of the Subject Photographs” in addition to attorneys’ fees and costs.

To establish copyright infringement, Morris must prove (1) ownership of a valid copyright, and (2) copying by defendants of protectable elements of the work. Three Boys Music Corp. v. Bolton, 212 F.3d 477, 481 (9th Cir. 2000). Where, there is no direct evidence of copying, the second element requires plaintiff to prove both that the defendants had access to the plaintiffs copyrighted work and that there is substantial similarity of protected expression between the copyrighted work and defendants work. Three Boys Music Corp., 212 F.3d at 481. Morris’ photographs are ubiquitous and a Google image search for “The Sex Pistols” produces the subject photographs in the results. Further, where the accused works are strikingly similar – e.g., reproduction of the artwork from the photographed shirt in the accused work, access may be automatically established. Three Boys Music Corp., 212 F.3d at 485 (even where there is no proof of access, the copyright holder may prove copying by showing that the copyright holder’s and alleged infringer’s works are “strikingly similar.”)

copyright-toy-attorney-trade-dress-fairy-spin-master.jpgFlying toy manufacturer, Spin Master, is suing its former technology company and its new business affiliates for allegedly infringing Spin Master’s Flutterbye flying toy fairy’s copyrights and trade dress by selling the competing Starfly fairy. Indeed, the two companies are no strangers to litigation and are currently engaged in a patent infringement lawsuit in Illinois involving remote controlled airplanes and helicopters. Here, Spin Master claims to have introduced the Flutterbye toy in 2013, which fairy doll incorporates a new technology that allows a customer to control the flying fairy using only one’s palm. Spin Master asserts that the Flutterbye received numerous top toy awards and has been a commercial success. The Flutterbye fairy figurine has been copyrighted and several other copyright applications are pending for the flower designs, stardust, and packaging.

Plaintiff alleges that Defendants approached Plaintiff about a possible collaboration to distribute the toy outside of the United States, which Plaintiff declined. Plaintiff contends that “after seeing the success of Spin Master’s Flutterbye fairy toy, and rather than independently creating a distinct product, Defendants Brix, CYI and Rehco together engaged in a plan to create a look-alike flying fairy product in an attempt to unfairly capitalize on Spin Master’s success.” Aside from copying original elements of the toy itself, Plaintiff claims that Defendants use confusingly similar packaging and marketing channels, including similar YouTube commercials.

photograph-copyright-attorney-playboy-kate-moss-le-book.jpgFor its sixtieth anniversary issue, Playboy commissioned noted fashion photographers Marcus Pigott and Mert Atlas to photograph Kate Moss to grace its cover. The photos have received widespread critical acclaim and praise as instant classics, and Playboy sought to timely register the pictures with the U.S. Copyright Office.

Defendant Le Book’s website bills itself as a leading provider, curator and portal for photography, film, video production and event-related services” for over 50,000 creative professionals, including “the most famous famed photographers, art directors, stylists and model agencies; the most lauded producers, locational finders, photo labs, rental studios, event spaces and caterers; the pre-eminent record labels, magazines, advertising agencies, fashion designers and PR firms.” Playboy alleges that despite Le Book’s sophistication on copyright matters in the industry, Le Book has violated federal copyright laws by posting the infringing Kate Moss photos to its website:

[Le Book has] reproduced, distributed and publicly displayed high-resolution copies of the Playboy cover with Kate Moss and the entire 18 page-spread featuring the photos of Kate Moss in toto, including the entire text and interview with Kate Moss…The brazenness of the infringement is further magnified by the fact that the infringement appears to be the product of direct, high resolution reproduction/scanning of Playboy’s magazine, as even the page numbers therefrom appear in the infringing images…Defendants have not just willfully and directly infringed Playboy’s copyrights; they have also enabled and facilitated countless act of infringement by third parties.

copyright-attorney-trademark-infringement-lawsuit-hello-kitty-sanrio.jpgThe Hello Kitty character has been around for more than fifty years and numerous other related characters and designs have been copyrighted by Sanrio. In fact, Sanrio’s website has a page listing all of its copyrights. Sanrio aggressively protects both its copyrights and trademarks related to the Hello Kitty characters, even suing a children’s beauty pageant organizer for copyright infringement for using the Hello Kitty doll on its tiaras and trophies. Maybe that’s a good thing if you’ve seen how much these beauty pageants charge parents for the illusion of their kid’s success and to prevent exploitation. But more importantly, to prevent the next Honey Booboo from being thrust upon society. To protect myself from such a lawsuit, the image to the right displays some of the characters at issue in this lawsuit and was taken from Sanrio’s website.

Defendants Blink & Blink, Inc. and its officers are accused of selling jewelry and other products that incorporate a cast of Hello Kitty characters: “This case concerns the concerted, systematic and wholesale theft of various world-famous intellectual properties owned by Plaintiff. Defendants are engaged in the manufacture, importation, distribution, promotion, sale and/or offer for sale of bracelets, rings, earrings, necklaces, and other personal accessories, which incorporate unauthorized likenesses of animated or live action characters owned by Plaintiff, including, but not necessarily limited to, Hello Kitty (collectively “Infringing Product”).” The suit seeks unspecified damages, but requests that actual damages be trebled pursuant to 15 U.S.C. § 1117.

The case is Sanrio, Inc. v. Blink & Blink, Inc., et al., CV13-08948 PJW (C.D. Cal. 2013).

how-to-protect-jewelry-trdemark-patent-copyright-attorney-chan-luu.jpgChan Luu, Inc.’s jewelry trademark infringement, copyright infringement, and unfair competition lawsuit arises from Victoria Emerson’s sales of wrap bracelets. Just this week two different jewelry designers inquired, after receiving cease-and-desist letters, whether jewelry designs were entitled to trademark and copyright protection. After explaining not only are jewelry designs entitled to copyright, trademark and trade dress protection, but also entitled to design patent and possibly utility patent protection, the enlightened jewelry designers recognized the value of obtaining intellectual property protection for their own designs. And now we return to our regularly scheduled programming.

Plaintiff contends that because of its extensive use of the Chan Luu trademark on jewelry, clothing, and accessories, consumers recognize the mark as a source of high quality products. Plaintiff also has several USPTO registered Chan Luu trademarks. In addition, Plaintiff allegedly owns the exclusive trademark rights to its purportedly distinctive curved oval button that serves as the closure for many of the bracelets, which it has used since 2002. Defendants are accused of using the curved oval button trademark in addition to using the Chan Luu trademark, including buying the word mark as an Adword.

The copyright infringement claim, however, is based on Chan Luu’s registration of collections of photographs instead of copyright registrations for the jewelry pieces themselves. Defendants are accused of copying Chan Luu’s product photographs and using the photographs on defendant’s website Plaintiff seeks unspecified monetary damages in addition to preliminary and permanent injunction preventing Defendants’ use of the copyrighted images and the Chan Luu word mark and the oval button trademark.

copyright-attorney-infringement-jewelry-necklace-halloween-von-erickson.jpgPlaintiff, Von Erickson Laboratories LLC, has conjured up a copyright infringement lawsuit that is sure to terrify numerous defendants for allegedly infringing its Halloween themed jewelry. Plaintiff is the owner of several U.S. Copyright Registrations for several pieces of jewelry, including a “stitches necklace,” a “blood drip necklace,” and their derivative works. Plaintiff makes the jewelry by hand by creating a mold from the structure and pouring molten vinyl into the mold, which vinyl can be dyed to any desired color. Plaintiff asserts that none of the defendants had any jewelry pieces remotely resembling Plaintiff’s products prior to Plaintiff’s creation, publication, and distribution of its products.

Defendants M&J Trimming Company and Papillon Accessories allegedly had access to Plaintiff’s designs because they previously ordered the stitches necklace from Plaintiff. Plaintiff contends that defendants’ stitches necklace are identical except for the functional closures. Functional features are not relevant in a copyright infringement analysis because they generally cannot be copyrighted.

jewelry-copyright-attorney-necklace-stitches.jpgFurther, although not identical, Plaintiff asserts that defendants’ blood drip necklace is substantially similar to Plaintiff’s blood drip necklaces.

Halloween-copyright-infringement-attorney-skull-design-cup-spencer.jpgCool Gear filed a copyright infringement lawsuit against Spencer Gifts and Spirit Halloween Superstores for selling cups incorporating Cool Gear’s copyrighted three-dimensional skull. The skull qualifies as a three-dimensional work of visual art and is entitled to copyright protection and registration. Indeed, Cool Gear is the owner of U.S. Copyright Registration No. VA 1-876-232 for the work titled “Three Dimensional Representation of A Skull.” The complaint alleges:

Defendants, without the permission or consent of Plaintiff, have manufactured and sold, and continue to manufacture and sell, a plastic tumbler product with a three-dimensional skull insert that is substantially identical to the Copyrighted Work (the “Infringing Work”). . . In doing so, Defendants have violated Plaintiff’s exclusive rights of reproduction and distribution. Defendants’ actions constitute infringement of Plaintiff’s copyrights and exclusive rights under copyright law.

It seems like Halloween season scares up a new Halloween themed lawsuit every year, including 2011’s Power Rangers Halloween costume trademark and copyright infringement lawsuit. Plaintiff seeks preliminary and permanent injunctions preventing defendants’ sales of the accused cups, in addition to unspecified monetary damages, attorneys’ fees, and costs.