Benjamin Appelbaum, Attorney at Law

Posts tagged "Intellectual Property Litigation"

Adidas files copyright infringement lawsuit against Ecco

Many New Jersey residents think of the apparel manufacturer Adidas when they see athletic shoes or sportswear with three stripes just as they associate Nike with their distinctive swoosh and Reebok with the Union Jack. The German company has spent decades building the Adidas brand, and it has taken aggressive legal action on several occasions against companies that it feels have infringed on its intellectual property rights.

Fan fiction plan results in lawsuit

The followers of popular television shows or movies sometimes create works of fiction to share with fellow fans. The owners of intellectual property guard their trademarks and copyrights zealously, and media outlets in New Jersey and around the country reported in December 2015 that Paramount Studios and CBS had initiated litigation against a company formed by a group of fans of the popular television and movie franchise 'Star Trek." The fans drew the ire of the entertainment giants by using crowdfunding websites to raise the money necessary to produce a 'Star Trek" movie for fans, and CBS and Paramount filed an amended complaint on March 11 that included specific instances of their alleged copyright infringement.

NFL holds copyright of recording of first Super Bowl

With the hype that surrounds the Super Bowl each year, it is likely that many tuned in to watch the Broncos defeat the Panthers. It is likely that many who engaged in this activity did not give a second thought to being able to view portions, if not all of it, at a later date, as a result of the National Football League recording it. As it turns out, this was not always a foregone conclusion. The first Super Bowl, which took place 50 years ago, does not have a recording of that broadcast.

Legal guidance re intellectual property litigation in New Jersey

Infringement upon certain intellectual property rights may carry civil and even criminal penalties under the law. New Jersey residents who wish to avoid intellectual property litigation may still be in need of legal intervention in order to do so. There are experienced attorneys in the area who are able to serve the needs and goals of those facing legal challenges concerning such matters.

Can a monkey hold a copyright to a photo it took?

Readers may remember a couple of years ago when a monkey got a hold of a camera and took a photo of itself. Afterward, the People for the Ethical Treatment of Animals claimed the monkey owned the copyright to that selfie and brought a lawsuit, seeking to establish this, on behalf of the animal. In addition, PETA said it would administer the copyright on the behalf of the animal. In the meantime, the photographer, who owned the camera used to take the photo, obtained a British copyright for the image. He also sought to have PETA’s lawsuit dismissed. 

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.

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.

Copyright infringement case against Taylor Swift dismissed

In previous posts we have written about why it is important to register a copyright to protect works against unauthorized use. When the owner of a copyright believes it has been infringed, legal action may be taken. The outcome of these lawsuits will depend on a variety of factors. Because these matters are usually complex, in these situations it is important that all parties involved have legal representation on their side.

Why copyrighting software could be a good approach

Copyright is designed to protect various forms of creative expression. Though perhaps not the first thing that comes to mind when one thinks about how a copyright can be used, software can benefit from a registration. There are multiple reasons why it is a good idea to pursue copyright registration for software.

'Happy Birthday' in public domain following ruling

If you are reading this it is likely that at some point you have either sung “Happy Birthday” to someone or had it sung to you. Few singing the song probably considered that they were potentially infringing on a copyright.

Benjamin Appelbaum, Attorney at Law - Intellectual Property

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