Counterfeit Parts and Products Liability
You are an aircraft manufacturer. A component of your aircraft malfunctions, falls off the aircraft, and subsequently causes the crash of an aircraft. It turns out that the component was counterfeit. Increased liability for aircraft manufacturer? What if the legitimate component manufacturer knew it's components were being counterfeited and failed to properly police? Liability?
Inspired by.
Louis Vuitton wins major counterfeiting case against Google in France
Louis Vuitton wins a major battle against Google in France. The case could have major implications for Search worldwide. Stay tuned.
Get Behind Thee, Lawsuit!
White Stripes have prevailed over a producer and sound engineer who claimed he was owed gobs of royalties as a co-author of the band's album Der Stijl. The article points out the increasing use of work-for-hire agreements to avoid such disputes. The lesson: it's only rock-n-roll, and I like it, but get it in writing.
Broken Flowers Infringement Suit
The Globe has the story of an NYU professor and screenwriter who claims the producers of the Bill Murray film "Broken Flowers"
took most of their ideas from his screenplay. As the story suggests, many of these claims go nowhere, most often because it's very difficult to prove the allegedly offending party had access to the plaintiff's work. We've had our own run-ins with similar scenarios. Here, however, it sounds like there might be a pretty good paper trail in that regard. Good one to keep an eye on.
YouTubin'
The RIAA is apparently
prepping for a war against YouTube and its ilk for the countless infringing works streaming therefrom every day. Henry Jenkins takes a look at
the rock and the hard place. The general consensus around the web appears to be (unsurprisingly) that the RIAA is once again fumbling for the blunderbuss in the face of uncertainty, rather than taking the long view. Or is it just doing its job?
In the meantime, and illustrating the fact that unauthorized use of copyrighted material can lead to more than just a nastygram from an industry lawyer, one particularly energetic teen from Massachusetts has gone and
snagged herself a contract with Carson Daly's production company on the basis of her YouTube antics.
Mmmm, Fluffernutter
In a story sure to appear in the last five minutes of local newscasts across the country, Massachusetts lawmakers are
fighting over the future of the Fluffernutter in school lunchrooms. As a Fluff fan, I'm all for the Fluffernutter taking its place as the official sandwich of the Commonwealth. Though I must admit, I had one last week after work and my stomach hurt for hours afterward. Another sign of old age, I suppose. How sad.
Bonus Fluff coverage: the Fluffernutter was the
subject of a trademark dispute earlier this year.
"Bad Twin" and Broken Synergy
Fans of the show "Lost" are probably aware that one of the passengers on the doomed fictional flight was the author of a manuscript entitled "Bad Twin," and that said manuscript miraculously survived the crash. As part of its varied efforts at taking the Lost adventure beyond the television screen -- including
mysterious websites and
questionable ad partnerships -- ABC commissioned an author to write "Bad Twin." The network also suggested various clues he should incorporate into the book, presumably other books, music, etc., which they would eventually reference on the show. Unfortunately for ABC, the author didn't take those suggestions to heart, and instead
inserted references to entirely different elements. Now the book has become a bestseller, and ABC has to decide if it wants to pony up the cash to get copyright clearances for those clues, or ignore them and risk the wrath of the Lost fanatics. Why these "suggestions" weren't contractual obligations I have no idea.
Use of Trademarks by Users in MMORPGs
Interesting discussion regarding the
use of trademarks "in-world" by Second Life "Residents." Including a response from Linden Labs. I think mark owners are missing out on a great opportunity here.
via Pho.
BlackBerrygate
Interesting follow up to
this post regarding RIM
ex parte communications during the NTP v. RIM litigation.
New Copyright Fees as of July 1, 2006
New Copyright Office fee schedule as of July 1, 2006. Unless Congress says otherwise, which it wont.
The Helmet Clause
Of course I wish him a speedy recovery, but the cold, steely lawyer in me wonders if Roethlisberger breached his contract. The John Clayton interview showing on the ESPN sidebar does go into this a bit. Clayton doesn't think there is anything more specific in Roethlisberger's contract than the standard "injuries suffered outside of the game" clause.
Apparently unlike
Kellen Winslow's contract with the Cleveland Browns.
Save the Date: Cablevision DVR hearing scheduled
The suit over Cablevision's remote DVR service is shaping up to be rather significant, with some predicting it will ultimately be heard by the Supreme Court and settled by Congress.
Multichannel News has the latest, including the court schedule. Looks like the hearing will take place in late October or early November, which
puts a crimp in Cablevision's plan to have the service ready by Thanksgiving.
Stolen art, $3 billion real estate funds, and an unethical lawyer
The mystery behind a major Massachusetts art theft (the largest unsolved burglary from a private residence in state history) was solved last winter. But a story in today's Globe raises more questions than it answers.
Now, the brothers who run a $3 billion real estate fund have parted ways due to one brother's involvement in the attempted consignment of the paintings to Sotheby's. Oh, and if you're a lawyer there is a great practice pointer in the story: Don't hide stolen property for 27 years and then try to sell it.
Matt says: the fact that the attorney and the two feuding brothers are Armenian has not escaped my attention, by the way. The Armenian half of me advises all those involved to sit down over a nice
lahmejune and work things out.
WoW gold-farming
Author of an unofficial World of Warcraft gold-farming guide settles with Blizzard Entertainment (owned by Vivendi). Settlement allows author to keep selling his guide provided he keeps disclaimers about the guide's unofficial nature and that he does not include links or instructions on how to locate cheats in the game.
Wal-Mart sued by Fendi
Fendi suing Wal-Mart for trademark infringement. LVMH is claiming that Wal-Mart has been selling knockoffs at Sam's Club stores. And pricey ones at that.
See also..
Dotster named in cybersquatting suit
Dotster being sued for cybersquatting. This does not surprise me in the least and is most likely the tip of the iceberg.
Thank you Mr. John Fogerty
Plaintiff photographer ordered to pay $388,424.54 in legal fees to Urban Outfitters in unsuccessful copyright infringement action. I'm curious as to why the plaintiff did not prevail. The limited facts in the article do suggest that the photos were infringed and that actual damages may have been available.
Glass Blowers Coming to Blows
Over the weekend Aaron and I gave a short talk about copyright law at the Newburyport Art Association. It went over well, we think, and the audience -- mostly local artists -- had some good, interesting questions, including whether copying an artist's style constitutes infringement (it generally does not). Next time we host one of these presentations we'll have some fresh material on that particular topic in
this copyright infringement dispute between glass artist Dale Chihuly and his former assistants.
Ann Althouse offers her thoughts, as does
William Patry.
