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Posts Tagged: "Spotify"

Spotify Successfully Opposes Two Marijuana-Related Trademark Applications

On January 11, the U.S. Patent and Trademark Office’s (USPTO’s) Trademark Trial and Appeal Board (TTAB) issued a precedential decision finding dilution by blurring and sustaining two oppositions filed by Spotify AB against two marijuana-related trademark applications. Applicant U.S. Software Inc. filed trademark applications for POTIFY in standard characters, and stylized with a design on July 17, 2017, and May 2, 2018, respectively. These applications sought to register POTIFY for: “downloadable software for use in searching, creating and making compilations, rankings, ratings, reviews, referrals and recommendations relating to medical marijuana dispensaries and doctor’s offices and displaying and sharing a user’s location and finding, locating, and interacting with other users and place, in International Class 9.”

Rovi/Comcast Battle Grows Deeper and Spotify Takes Swing at S.I.S.V.E.L. Patent at PTAB

Last week, the Patent Trial and Appeal Board (PTAB) issued 39 decisions on inter partes review (IPR) proceedings, instituting 24 IPRs and denying 15. The PTAB instituted one of four IPR petitions filed by Comcast to challenge a single patent owned by Rovi, adding a new chapter to the legal battle between those two parties over unlicensed television technologies. Spotify also saw the institution of one of three IPR petitions challenging user profile and playlist recommendation patents owned by S.I.S.V.E.L.

Western Tennessee Judge Denies Spotify’s Motions to Dismiss Copyright Infringement Claims Brought by Bluewater Music

U.S. District Judge Jon McCalla of the Western District of Tennessee recently issued an order denying motions made by interactive streaming music provider Spotify to dismiss a case including copyright infringement claims brought by independent music publisher and copyright administration company Bluewater Music Corporation. Judge McCalla’s order determined Bluewater has standing for all 2,142 music compositions it has asserted based on ownership or an exclusive license of the works. Given Bluewater is seeking the maximum statutory damages of $150,000 per infringed work, Judge McCalla’s order allows Bluewater to continue pursuing a maximum damages award of $321.3 million.

Spotify, SoundCloud and Deezer Music Apps Sued for Infringing Music Organizer and Entertainment Center Patent

Patent owner MOAEC Technologies filed suits alleging claims of patent infringement in the District of Delaware against a series of music entertainment app providers including Spotify, SoundCloud and Deezer. The suits claim that music services offered by all three defendants infringe upon a patent covering a music library collection technology invented by the founder of MOAEC… MOAEC’s suits also include language in an apparent attempt to preempt any patent validity challenges under 35 U.S.C. § 101, the basic statute governing the patentability of inventions, under the Alice/Mayo framework.

Largest Ever Copyright Royalty Board Ruling Transforms How Songwriters are Paid

Less than 48 hours before the 60th Annual Grammy Awards in New York City, the Copyright Royalty Board (CRB) ruled to increase royalty payments to songwriters and music publishers from music streaming companies by nearly 44 percent, the biggest rate increase granted in CRB history. These rates will go into effect for interactive streaming and limited download services like Amazon, Apple, Google, and Spotify for the years 2018-2022, and will transform how songwriters are paid by these interactive streaming services.

Where Does Blockchain Fit in Digital Rights Management?

The lawsuit is the latest example of content creators chasing down a third party that does not directly infringe content but rather facilitates infringement through a combination of its own hardware and third-party software… Currently, the increasingly proposed solution for safeguarding digital information is blockchain technology. Blockchain is being implemented in various industries to solve inefficiencies in areas from identity protection to supply chain management… To understand blockchain technology as a potential solution to the problems posed in the digital rights management space, one must first understand what the technology is and how it operates.

Spotify Sued by Music Publishing Company for Unauthorized Use of Thousands of Songs

The world’s biggest music streaming service, Spotify, has recently been sued by Wixen Music Publishing for allegedly using thousands of songs without a license and compensation to the publisher. Filed in the United States Federal District Court for the Central District of California, this is a major lawsuit that is only the latest in a string of legal actions that Spotify has faced in the past year. Benjamin Semel, partner at Pryor Cashman LLP, sat down with IPWatchdog to discuss the lawsuit in detail. He told us that this lawsuit speaks to the risk for music services like Spotify of a strategy to seek forgiveness rather than permission. Currently, copyright law gives music services the ability to compel songwriters and publishers to license their songs, but a specific process must be followed.

Federal Circuits invalidates patent covering starting a session on one communication-enabled device and transferring it to another

The Federal Circuit decision in the case of CRFD Research v. Matal resolves three appeals involving a single patent: CRFD’s ‘233 patent describing methods and systems that allow a user to begin a session on one communication-enabled device and transfer it to another… Lack of anticipation based on a single reference does not preclude a finding of obviousness based on the same reference. Even if a reference’s is insufficient for anticipation, which is a question of fact, that same reference teachings may be used to find obviousness, a question of law based on underlying factual findings.

In the Era of Spotify and Pandora Where Do ASCAP and BMI Fit?

In traditional music recording, artists have had to choose to license their music through major music industry organizations like ASCAP and BMI. In the age of streaming music through Spotify, Pandora and other services what is the purpose of these organizations? The licensing groups have served as clearinghouses for smaller players in the music industry who cannot feasibly deal with multitudes of licensees on their own. But with Taylor Swift and other “major” artists choosing to deal—or not deal—with the streaming services that opens the question about blanket music performance licenses.

Spotify reaches $43.5M settlement over class action suit on unpaid royalties for copyrighted songs

The $43.5 million from the recent Spotify settlement will reportedly go towards a separate fund to compensate publishers and songwriters. Such payments made by Spotify and other streaming services to copyright owners are known as mechanical royalties. Mechanical royalties are usually paid when a copy of a song is made, such as when a music publisher creates a CD containing copyright-protected songs. Although Spotify doesn’t sell or distribute physical media, it does owe mechanical royalties when it streams a copy of a song to a user.

The changing role of the trademark lawyer, managing complexity and generating insight to drive business advantage

The idea of brand value is evolving. Trademark lawyers must be concerned with everything that contributes to the protection of a brand, not just its trademarks. Protecting a brand now includes a number of issues that were simply not relevant to the role twenty years ago, such as: trademarks in domain names; the use of trademarks online; trademarks used in social media handles; and trademarks being mentioned in general online commentary.

Spotify, Pandora land top spots in growing online music streaming sector

A report issued in March of this year found that a full 45 percent of the 119 million people listening to online radio services were tuning into Pandora’s service. Pandora also had the greatest brand awareness, registering with 75 percent of survey respondents. The study also found that 73 percent of people accessing online streaming music services did so through their smartphones. However, in terms of paid subscribers, Pandora has to cede that crown to Spotify, headquartered in Stockholm, Sweden. In late October, the Spotify app became the top grossing app downloaded from the iPhone App Store. Of Spotify’s 60 million streaming music users, 25 percent of those users pay for the premium music subscription, gaining its 15 millionth paid subscriber just as the 2015 calendar year started. As of March 2014, Pandora only had 3.3 million paid subscribers in its total registered user base of 250 million people.