Posts Tagged: "Warner Brothers"

Disparaging, Immoral, and Scandalous Trademarks Since Matal v. Tam

A little more than one year ago, the U.S. Supreme Court struck down the Lanham Act’s disparagement clause as unconstitutional in Matal v. Tam, 137 S. Ct. 1744 (June 19, 2017).  While Tam settled some issues related to The Slants, the Washington Redskins, and D*kes on Bikes, the decision’s full impact remains to be seen. Issues remain ripe for future consideration. Most significantly, are trademarks considered “commercial speech?”  If so, laws relating to trademarks might be subject to relaxed scrutiny for constitutional compliance rather than strict scrutiny.

Trends in Copyright Litigation for Tattoos

An increasing trend in copyright infringement suits filed in the United States has tattoo artists bringing suit against entertainment entities, and in some cases against the tattoo bearer themselves, for the reproduction or recreation of tattoos they created. Most commentators would likely conclude that tattoos are eligible for copyright protection under the Copyright Act. However, it is important to note that a distinction can be made between the copyright in the design of the tattoo and the copyright in the tattoo as it is reproduced on the body of a person

Warner Bros. settles $80M copyright suit brought by Tolkien estate over LOTR online video and casino gambling games

On July 5th a federal judge entered an order granting the dismissal of a copyright case, which had been filed by the estate of famed English fantasy author J. R. R. Tolkien and American entertainment company Warner Bros. The case arises out of the Tolkien estate’s allegations that Warner Bros. was in breach of contract in using their merchandising rights to The Lord of the Rings and The Hobbit to develop video games based on those properties.

8th Cir. decision upholds injunction against merchandiser using famous Warner Bros. images

On November 1st, the U.S. Court of Appeals for the Eighth Circuit (8th Cir.) issued a decision in a case brought by motion picture entertainment company Warner Bros. and appealed by a group of defendants who licensed images culled from publicity material for some of Warner’s most famous entertainment properties. A panel from the 8th Cir. found in favor of Warner Bros. and affirmed an earlier verdict, which has helped to define whether publicity material for films and animated shows are available in the public domain. This decision is the second time that 8th Cir. has issued a judgment in this case.

Warner Bros. settles FTC charges over deceptive YouTube influencer campaign marketing of video game

The FTC filed a complaint against Warner Bros. for violating provisions of the Federal Trade Commission Act by making payments to prominent members of YouTube for positive reviews of its video game without publicly disclosing those payments. The FTC focused on the activities of an advertising agency known as Plaid Social Labs which was contracted by Warner Bros. in 2014 to coordinate a YouTube influencer campaign which marketed Shadow of Mordor. The FTC complaint listed two counts against Warner Bros., specifically one count for false claims of independent reviews and another count for deceptive failure to disclose material connection between endorsers and sellers.

I’ll get you, my pretty, and your little copyright too!

Last week, the 8th Circuit handed down a ruling saying that knickknack companies can’t use Warner Brothers’ copyrighted images on their merchandise even if they use public domain elements. Shocking. But for reasons unknown, some Hollywood types took this to mean that “every Wizard of Oz movie is in jeopardy”. Ummmm… no. Granted, the issues deal with one of the quirkier concepts in copyright law but just… no. At the end of the day, my pretties, it all boils down to what is protected by copyright, what is not, and what you can do with that stuff.

CorporateCounsel.com Names Top 10 IP Litigation Wins of 2009

The victories selected represent a diverse array of wins, which a press release announcing the Top 10 list says is due to “the differing objectives of IP litigation today.” These victories range from multimillion-dollar jury verdicts, including the biggest patent award ever, which was won by Johnson & Johnson’s Centocor Ortho Biotech unit against Abbott Laboratories, to the i4i injunction win blocking the distribution of Microsoft Word editions having a popular XML feature.