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Unlike other branches of intellectual property law, where the rights lapse after a span of time, trademark registrations are valuable because they can last indefinitely, so long as they continue to be used in commerce as a distinctive brand to distinguish a client’s goods and services. A federal trademark registration is required to take down social media infringers, combat counterfeiters and sell a client’s wares in an Amazon seller store. A registration can be helpful when seeking an investment for any start-up or new business, writing cease and desist letters or suing infringers. It significantly increases the value of any license agreement and initial public stock offering, or when it’s time to securitize a portfolio or sell the business.
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Are Rule 12(b)(6) Dismissals In Copyright Infringement Lawsuits In Danger?
By Alan Friedman
Until recently, the Second and Ninth Circuits have both been receptive to dismissals under Rule 12(b)(6) if the court determines the plaintiff cannot plausibly state a claim of copyright infringement because the two works are not substantial similar. However, a pair of recent “unpublished” Ninth Circuit reversals involving prominent motion pictures stand in contrast to a recent Second Circuit decision affirming such a dismissal.
By Robert Storace
More than 50 wrestlers sued World Wrestling Entertainment, claiming it knew — but never disclosed — the risk associated with the sport. But it was Massachusetts plaintiff counsel Konstantine Kyros and his firm who judges singled out for plagiarism, false claims and other misbehavior in the case.
Global Perspective On Filing Trademark Registrations
By Peter E. Nussbaum and Neha Bhalani
The entertainment industry is a global business, but many U.S. brand owners do not realize that their valuable trademark rights stop at the U.S. border.
CA Appeals Court Rules Hobbs & Shaw Film Dispute Must Be Heard By Court
By Alaina Lancaster
Universal City Studios will have to settle a contract dispute with a producer from the Fast & Furious movie franchise in court after a California appeals court ruled the entertainment company could not enforce an arbitration agreement.
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