Benjamin Appelbaum, Attorney at Law

December 2015 Archives

David Lowery seeks class action intellectual property litigation

Copyright infringement is becoming an increasingly debatable issue as more and more online venues are providing music streaming services. David Lowery, lead singer of the well-known bands, Camper Van Beethoven and Cracker has requested class action intellectual property litigation against streaming provider, "Spotify" for allegedly failing to obtain appropriate mechanical rights when making songs available to its subscribers. The recent lawsuit, filed outside the state of New Jersey, is being closely followed by many musicians who remain concerned that they are not being paid the royalties due them when companies like Spotify make their music available for streaming.

Grumpy Cat owners claim trademark law infringement

Copyright, patent infringements and other legal issues regarding intellectual property or hard copy products are matters frequently addressed in courtrooms in New Jersey and others throughout the nation. A recent trademark law battle remains ongoing between two entities. The owners of Grumpy Cat Limited claim that Grenade Beverages  has violated terms of an agreement in a dispute over products sold under the "Grumpy Cat" brand name.

Will new rules impact the number of patent complaints filed?

Readers may be aware that there is a specific period of time during which a patent cannot be used by another party without risking an infringement action. Once that period of time passes (usually 20 years) a patent can be used by anyone, without having to pay royalties.

Appearance of competitor's product deemed trademark infringement

Products of all types could be the subject of trademark litigation. They do not need to be an expensive product for trademark action to be taken. A lawsuit filed by the manufacturer of automotive air fresheners, against a competitor, illustrates this.

Businesses should take steps to protect against repeat infringers

In previous posts we have written about the importance of taking steps to prevent infringement of intellectual property. The failure to do so can negatively impact the business. As it turns out, there could be other ramifications as well, such as frustration on the part of courts with businesses these businesses. This is illustrated in the recent decision against Cox Communications, by a federal court.

Benjamin Appelbaum, Attorney at Law - Intellectual Property

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