A Trademark War in the Athletic Arena
Two of the biggest brands in the fitness industry went head-to-head recently in a lawsuit for trademark infringement, which means one company is using some form of a trademark that another company believes is too similar to their own. Peloton has sued Lululemon over trade dress, which is a type of trademark that encompasses product design or product packaging.
Brief History of the Parties
Peloton is known for its high-end, at-home workout machines and classes, and has sued to protect its athletic wear line from trademark infringement. At number 1, Lululemon Athletica is the most popular activewear brand of 2022. To understand the sheer size and popularity of Lululemon compared to Peloton, when it comes to clothing, Peloton does not even appear in the top 15 most popular brands of 2022, according to USA today.
Be Ready to Face the Consequences, Warner Bros.
Remember Ed Helms’ face tattoo from “The Hangover Part II” movie? Did you notice the resemblance between the tattoo featured in the film and Mike Tyson’s face tattoo? Well, Warner Bros. may not have gotten permission to use that tattoo from artist S. Victor Whitmill who designed Tyson’s famous tattoo.
Before the movie’s release, Whitmill filed a complaint against Warner Bros., alleging that the facial tattoo in the film infringed on Whitmill’s copyright in the tattoo. Whitmill sought a preliminary injunction, which would have halted the film’s release. A preliminary injunction is a pre-trial court order that stops action by the opposing party in a lawsuit.
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Thinking out Loud…. About Copyrights: Ed Sheeran’s Recent Copyright Lawsuits
Ed Sheeran is a Grammy-winning artist known for his hit songs such as “Thinking Out Loud” and “The Shape of You.” Sheeran has accrued a great deal of wealth and as a result seems to be a good target for copyright trolls, litigious entities or individuals that litigate large amounts of copyright infringement cases with often baseless claims in the hope for a settlement. Ed Sheeran is a well-known artist and as such, he is in a financial situation to settle lawsuits rather than go through the litigation process. Continue reading “Thinking out Loud…. About Copyrights: Ed Sheeran’s Recent Copyright Lawsuits”
My Summer Working on “Secrets” … Trade Secrets!
Stealing, scheming, heroes, villains, action! You might think I’m talking about the new James Bond movie, but I’m actually talking about intellectual property!
When people hear the words “intellectual property” they may think of the traditional patents, copyrights, or trademarks. But most people might not realize that there is another kind of IP – trade secrets. I definitely fell into the “not knowing” category prior to working at an IP firm this past summer.
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Movies and Beyond: My Journey into IP
My journal into intellectual property begins with movies. I have always been fascinated by them. How a combination of images and sounds can captivate audiences worldwide, never ceases to amaze me. This fascination led me to study every aspect of filmmaking. This included how a scene is staged, the process where a director tells the actors where to go and how to move. Indeed, when I was a freshman in college, the only career path I had in mind was one in film.
Free Patent Lawyers? It’s easier than you think!
Are you a student curious if there is a place for pro bono work in patent law? Are you a practitioner curious about how the U.S. Patent and Trademark Office (USPTO) has addressed accessibility to patent protection? Do you or a friend want to file a patent for an invention but can’t afford a patent attorney? If so, this blog is for you! Continue reading “Free Patent Lawyers? It’s easier than you think!”
Sports, Photography, and Copyright: Who Has the Rights?
For sports fans, photographs taken during competition can become iconic. Muhammad Ali standing over Joe Frazier, the United States Hockey Team celebrating the “Miracle On Ice,” and Tiger Woods at the Masters are a few examples. Sports photos are highly marketable, but who owns and has the rights to use these photos?
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Classic Copyright Issues
If I played “Blue Danube” by Johann Strauss II, you would probably recognize the song immediately. In fact, there are dozens of classical pieces that many of us are probably familiar with, even if we don’t listen to classical music regularly. Copyright for classical music can sometimes cause issues for YouTubers and other internet content creators. For example, a YouTuber might think that they are free to play a song because the composer has been dead for centuries. However, the recording they choose to play in their videos might be protected by copyright law and result in the video being taken down! Two content creators named Ludwig Ahgren and “JSchlatt” took it upon themselves to solve some of their copyright problems once and for all. To understand what they did and how they did it, we should talk about copyright law first. Specifically, let’s look at the distinction between copyright protection over a musical composition versus a sound recording. Continue reading “Classic Copyright Issues”
“Scamilton” – Copyright Troubles in “Way-Off” Broadway Productions
When I was in high school, the annual musical was always a big deal. They would do renditions of famous productions such as Fiddler on the Roof, The Sound of Music, and even Disney’s High School Musical. Although I had long since graduated from high school by the time my favorite musical Hamilton became popular, I noticed that there weren’t really productions of it outside of Broadway sponsored productions. Perhaps a recent controversy regarding the threat of a copyright lawsuit and an unauthorized Hamilton production at a Texas church helps explain why…
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Something’s Wrong with this Drip
Something’s Wrong with this Drip
Have you seen this Gucci shirt? Does anything seem strange about it to you? What if I told you that if you moved the dripping paint, the logo looked a bit different? Continue reading “Something’s Wrong with this Drip”