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: Entertainment
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
How’s the “TRUMP” Brand Doing Donald?
What do Brittany Spears, Tiger Woods and Samsung all have in common? They all, through self-infliction, have caused tremendous damage to their brand. While its normal (and often unavoidable) for the brand of a celebrity or a company to lose value over time, causing self-inflicted damage to your brand during its heyday can be catastrophic and cost millions. Worse still, any attempt to reverse the damage – once done –
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
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
“TRUMP” THE BRAND AFFORDS DONALD TRUMP INSTANT RECOGNITION AMONGST AMERICAN VOTERS
He is riding high in the polls and was front and center in the first Republican Presidential Debate. Some consider him an arrogant blowhard, while others believe he is the “straight talker” that the country desperately needs. Perhaps no presidential candidate elicits such an extreme response to his or her very name. You may love him or hate him, but there is little doubt that you know him.
DISNEY SETTLES TRADEMARK DISPUTE WITH DEADMAU5
Disney has recently settled a trademark dispute with deadmau5 (pronounced “dead mouse”) regarding a mouse head design alleged to be confusingly similar to the famous Mickey Mouse logo.
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