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Copyright Infringement Suit over Dreamgirls Is Dismissed<br>Louisiana Federal Court Lacks Jurisdiction over French Studio<br>Second Circuit Sees Different "Concept and Feel" in Cookbooks Dispute<br>Unauthorized Use of Photo on Fiction Book Violates NY Publicity Right
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Amendment Denied For Malpractice Suit Over 'Bowie Bonds'<br>Malicious Prosecution Suit Is Reinstated Against Manatt Phelps
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COPYRIGHT DAMAGES/STATUTORY 'WORK'<br>COPYRIGHT JURISDICTION/RELATED CONTRACT CLAIMS
Features
Given that the story lines played out in Superman comic books are full of shadowy figures with dark motivations, it seems fitting that the real world legal fight over who owns the rights to the Man of Steel would feature such a character in a pivotal role. On May 14, Warner Bros. sued Marc Toberoff, the lawyer for the comic icon's co-creators' families, in federal court in Los Angeles, accusing him of engaging in a "scheme" to "enrich himself" by trying to wrongfully seize control of a substantial chunk of the Superman property.
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Talk about winning on a technicality. In a copyright infringement case brought by photographers who sued Houghton Mifflin Harcourt Publishing Co. over the allegedly unapproved use of their photos, Chief Judge Loretta Preska of Manhattan federal district court ruled in May that the works at issue had not been properly registered. Judge Preska threw out most of the photographers' claims in her 24-page ruling.
The U.S. Supreme Court late last month dashed the hopes of the National Football League for baseball-style immunity from antitrust laws, with justices ruling unanimously against the league in a dispute over NFL-licensed apparel.
There is no question that the economy has been rebounding in fits and starts over the past 12 months or so. The real issue, however, is whether some of the encouraging numbers and statistics supporting the general optimism that better times are just around the corner are also gaining real traction in the business community.
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Highlights of the latest intellectual property cases from around the country.
Features
It takes a good while for a producer to develop a motion picture based on a book. A screenwriter must be engaged, decisions must be made about how to adapt the book into a film, the screenplay must be written and revised, and then an entire creative team must be assembled. For this reason, the producer attempts to structure the acquisition agreement with the book author in the form of an option coupled with a self-executing purchase agreement. The option period gives the producer time to complete development activities, and if the option is exercised, the purchase agreement transfers audiovisual rights without further discussion.
Often the response to a demand letter alleging trademark, copyright or patent infringement is the filing of a lawsuit by the alleged infringer for declaratory judgment of non-infringement. This article offers practical advice on language that can be included in a demand letter that may avoid giving rise to DJ jurisdiction. The article also discusses Federal Circuit precedent that creates a different standard in patent infringement actions.
