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In what will be the last of his many U.S. Supreme Court opinions on intellectual property, retiring Justice Stephen Breyer broadly interpreted a safe harbor provision that Congress inserted in the process for copyright registration in 2008.
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New Decisions In Disputes Over Titles Reinforce ‘High Bar’ In Proving Public Was ‘Explicitly Misled’
By Stan Soocher
When it comes to expressive content, disputes over trademark rights in titles of creative works are commonly fought under the federal Lanham Act. Many of these battles play out in courts in the U.S. Circuit Court of Appeals for the Ninth Circuit, which has well-developed legal guidelines on the subject — many of them from lawsuits that have arisen in the entertainment industry.
Conn. Fed. Court Distinguishes Funny Girl Lyrics Royalty Rights from Copyright
By Allison Dunn
A federal judge in the U.S. District Court for the District of Connecticut sided with the family of a production company executive in finding that the wife of late Broadway lyricist Bob Merrill had no right, under §304(c) of the U.S. Copyright Act, to cancel a more than 50-year-old royalty agreement between the executive and Merrill.
Texas App. Court’s Ruling in Suit By Band Member’s Lawyer
By Adolfo Pesquera
A.B. Quintanilla III, founding member and leader of the Latin music group Kumbia Kings, prevailed on appeal in a dispute with a Texas attorney who claimed Quintanilla conspired to cut the lawyer out of his alleged share of a settlement.
Legal Malpractice Suit Involving Celebrity Memorabilia Can Proceed
By Jason Grant
A New York appeals court rejected a Manhattan boutique law firm’s attempt to dismiss a malpractice action against it, finding that questions remained as to whether the statute of limitations for the claim was tolled and if the firm received sufficient notice about a bankruptcy that prevented its client from collecting a judgment.
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