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UPDATE: Battle over iPad Trademark Continues

24 Feb

Apple appears to be out of hot water in Shanghai, for the moment (see our earlier posts, entitled Apple Could Face Fine of $1.6 Billion for iPad Trademark Infringement in China” and “UPDATE: China Seizing iPads”).  A court in Shanghai rejected Proview’s request for a preliminary injunction to stop Apple from sell its iPad tablets in the city.  The court stated proceedings in the dispute would be halted until the Higher People’s Court of Guangdong decides an appeal brougt before the court by Apple.  A hearing of the case is schedule before the Guangdong court on February 29.

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UPDATE: “Linsanity” Trademark ?

17 Feb

In an effort to protect his name, New York Knicks player Jeremy Lin has applied to trademark the use of “Linsanity”.

“Jeremy Lin is going on offense to protect Linsanity.  The Knicks sensation this week applied for trademark rights to Linsanity,  One of Lin’s attorneys confirmed it.  Lin paid a filing fee of $1,625 to cover use of the trademarked term on all manner of apparel, including underwear. In a detailed listing of goods, the filing seeks to protect its use on everything from action figures to beverage sleeves and backpacks.  Lin filed his application on Feb. 13, several days after two California men entered the cash-in derby to trademark Linsanity. But Washington, D.C., trademark attorney Josh Gerben told The Huffington Post that those claims will likely turn into a procedural air ball, costing the two men time and money.”

The full story can be found at this link.

“Linsanity” Trademark ?

16 Feb

Yenchin Chang and Andrew W. Slayton are two individuals that have sought to Trademark New York Knicks point guard Jeremy Lin.  While Yenchin Chang is not associated with Jeremy Lin, Andrew Slayton was a former high school coach of Lin’s and has even registered several domain names where items related to the point guard are being sold.

“In the latest attempt to game the U.S. trademark system, Jeremy Lin followers are making their own play to profit on the Knicks’ sensation.  Earning the rights to the term most associated with Lin’s instant celebrity could mean big bucks in royalties for its usage on merchandise like T-shirts and hats.  One trademark attorney in the story doubted either would win, calling the moves a “bad-faith” attempt to make money off of Lin’s emergence.”

The full story from The Huffington Post can be found at this link.

ASCAP Reaches Fee Settlement with Radio Stations

8 Feb

The US District Court in the Southern District of New York approved the settlement agreement between ASCAP (American Society of Composers, Authors and Publishers) and the Radio Music License Committee (RMLC) setting the fees radio stations are to pay to publicly perform ASCAP’s 8.5 million plus works through 2016.  The Broadcast Law Blog recently highlighted the details of this settlement:

“Music radio pays ASCAP 1.7% of “revenues subject to fee from radio broadcasting.”   Under this new deal, New Media revenues that are more than just simulcasting your over-the-air signal are also covered, and are also subject to the same 1.7% of revenue fee, but there is a 25% deduction from that fee (presumably due to the higher commissions customarily paid for online revenues, but subject to adjustment back to 12% if the total of the higher new media deductions would cost ASCAP more than $5,000,000 than if the deductions had been at the 12% level).  Other good news includes that the broadcast industry has been paying too much from January 1, 2010, when this rate period began, until now, and the radio industry is owed a $75 million refund by ASCAP.”

Follow this link to check out the full blog.

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