As iron sharpens iron, using overlapping layers of intellectual property protection can also be used to mutually strengthen existing forms of protection, and even build new rights. Here again, the TIE FIGHTER® provides a useful illustration. The U.S. PTO database shows that this three-dimensional TIE FIGHTER® registration shown above was issued under Section 2(F) of the Trademark Act. In general, trademarks must be d
Category: Copyright
AN INTERGALACTIC INTELLECTUAL PROPERTY MINEFIELD: THE STAR WARS® BRAND (Part 3 of 4)
One of the hallmarks of the STAR WARS® brand’s intellectual property portfolio is the creative use of overlapping layers of protection. As illustrated by the figure below, patents, copyrights and trademarks are not necessarily separate and distinct forms of intellectual property as many mistakenly suppose. For example, the same computer source code may be eligible for both copyright protection (vis-à-vis the expressi
AN INTERGALACTIC INTELLECTUAL PROPERTY MINEFIELD: THE STAR WARS® BRAND (Part 2 of 4)
By way of example, a quick search of the U.S. PTO’s Trademark Electronic Search Database reveals 97 live trademark registrations or pending applications containing the phrase “STAR WARS”. Moreover, the brand has further protected itself and diversified its licensing catalogue by securing trademark rights over many of the character names from throughout the STAR WARS® universe such as LUKE SKYWALKER® (Reg. No. 2454916
AN INTERGALACTIC INTELLECTUAL PROPERTY MINEFIELD: THE STAR WARS® BRAND (Part 1 of 4)
A long time ago in a galaxy far, far away … the STAR WARS® brand became one of the most iconic and lucrative licensing franchises of all time. In negotiating during the creation of the first STAR WARS® movie, George Lucas took an impressive gamble on himself and the brand he was creating -opting for the rights to all sequels and future merchandise in exchange for less money upfront as the director. With an estimate
Political Candidates: Play That Funky Music – But Be Prepared To Stop
As reported by Breitbart, a cavalcade of musicians have come forward in recent months to protest the unauthorized use of their songs by Presidential candidate Donald Trump. The Rolling Stones, Neil Young, Queen, R.E.M., Steven Tyler of Aerosmith and the Estate of George Harrison are but a few of the artists that have raised objections. Can these artists, however, force Donald Trump to stop? And does playing recorded
“Bad Boy of Pharma” Martin Shkreli Faces Copyright Lawsuit over Wu-Tang Clan Album
Pejoratively called the “Bad Boy of Pharma” after his company raised the price of Daraprim, a drug often used by AIDS patients, by more than 5000% overnight, Martin Shkreli has attracted a great deal of bad publicity. The BBC opined that he “may be the most hated man in America”. Hillary Clinton accused him of “[p]rice gouging”, while Donald Trump said “[t]hat guy is nothing. He’s zero. He’s nothing. He ought to be a
Let them Eat (Birthday) Cake and Sing!! $14 Million Settlement Reached in “Happy Birthday” Copyright Case
While many of us have known that every time a bell is rung an angel gets its wings, very few of us have known that for decades Warner Music has been receiving money every time the song “Happy Birthday” was sung as birthday candles were being blown out across America. But there is now good news for birthday clowns, family restaurants and the thousands of others who have collectively paid upwards of $50 million in
Filmmaker Tries to Blow Out Candles on Warner’s Copyright Registration in “Happy Birthday to You”
Whether it’s our family gathered around the table sharing birthday cake, or Marylyn Monroe crooning to the President, “Happy Birthday to You” is engrained in our collective American experience. Generations of Americans have sung or heard this song-year after year-as we blew out candles and laughed with friends. Yet for something so much a part of everyday life, “Happy Birthday to You” comes with an unusual caveat: th
Cuba Libre: Protecting Your Company’s Intellectual Property in Cuba
President Obama’s recent policy-changes on US-Cuban relations present exciting new possibilities for American companies. Only 90 miles from Florida and with over 11 million people, Cuba represents a significant, untapped marked for American exports.
Posthumous Posts and Other Digital Intellectual Property
With so much of our lives spent in the cloud, we have to prepare ourselves for a difficult question: what happens to our digital intellectual property when we pass away?
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