Archive | Ms. Mendelewski’s Posts RSS feed for this section

The Evolution of Chick Chat

26 Apr

Chick Chat at the Beginning

Chick Chat Now

Four months ago, four chatty chicks from Professor Evans’ entertainment law class at Widener University School of Law, Harrisburg embarked on a long journey to start a law firm.  As part of the class, each firm was required to maintain a blog about hot topics in entertainment law.

Through this process, the members of Chick Chat tirelessly worked to maintain our blog and the product of our efforts can be seen through the differences from our very first post to our final post.

Feel free to leave us any comments you may have.

Our Firm Disclaimer and Firm Information can be found at this link.

World IP Day 2012

26 Apr

 

Credit: World Intellectual Property Organization

Every year on April 26, World Intellectual Property Day is celebrated.  World IP Day was established by the World Intellectual Property Oganization (WIPO) to increase general understanding of what IP really means.  The day is meant to “raise awareness of how patents, copyright, trademarks and designs impact on daily life” and “to celebrate creativity, and the contribution made by creators and innovators to the development of societies across the globe.” Visionary Innovators. For World IP Day events in the US, follow this link.  For notable dates in US copyright history, follow this link.To view our Firm Disclaimer, follow this link.

Update: Chinese Court Seeking to Mediate Settlement Between Apple and Proview

24 Apr

Credit: Apple Inc.

Apple’s trademark issues continue in China (see our earlier posts entitled Apple Could Face Fine of $1.6 Billion for iPad Trademark Infringement in China and Update: Battle Over iPad Trademark Continues).  A senior official in China has suggested Apple could risk losing the use of the iPad trademark in China.  A Chinese court is currently seeking to mediate a settlement between Apple and Proview, who is challenging Apple’s use of the iPad name. Continue reading

New Legal Battle for Google in Germany

20 Apr

Credit: Google, Inc.

Google just can’t seem to catch a break these days.  A court in Hamburg, Germany ordered Google to install filters on the YouTube service in Germany to prevent copyright infringement of the rights of musicians, filmmakers, and others in the entertainment industry.  While Google was not direclty responsible for uploading infringing material, the judge in Hamburg found the company should have done more to stop the violations.

In a statement by the company, it said:  “Today’s ruling confirms that YouTube is a hosting platform and cannot be obliged to control all videos uploaded to the site.  The ruling is a partial success for the music industry in general, for our users as well as artists, composers, YouTube and other Web platforms in Germany.”

An appeal is expected by Google.

To view the full article from The New York Times, follow this link.

To view our Firm Disclaimer, follow this link

EVENT: Widener Law Presents IP Law Program

18 Apr

 

Credit: Widener University School of Law

Widener University School of Law, Delaware campus, will host the event “Introduction to Intellectual Property Law”  Thursday, April 19.  This event is designed to introduce entrepreneurs, artists, and inventors to the basics of intellectual property law.

“The program, presented by Widener Law with support from DuPont, is also intended to benefit attorneys with backgrounds outside intellectual property law. It presents an opportunity for the small business community to learn strategies for success that can strengthen the ability to create jobs and grow in a difficult economy. The program is additionally designed to encourage pro bono assistance from seasoned intellectual property professionals to support these innovators.”

To find out more information about this event at Widener Law, follow this link. To view our Firm Disclaimer, follow this link.

New Royalty Rates for Digital Music

17 Apr

Google, Apple Inc., and Amazon reached an agreement last week with record industry representatives to set royalty payments for their cloud services.  Last year the companies started their cloud services  allowing users to access, purchase and store music from the Internet.  These services were not covered by the earlier royalty agreement.  The new proposal would create guidelines for five new types of services, including online “locker” services.

“If you purchase a cell phone and got song as a ringtone, if you pay for a subscription to an on-demand service such as Spotify, if you stream your own collection via a “locker” like Amazon’s Cloud Player or Apple’s iCloud, a new agreement between music industry officials, cell phone companies and digital streaming services will determine how much the copyright holders will make each time you press play.”

Once the proposal is approved by the Copyright Royalty Board, the new terms would go into effect in 2013, and expire in 2017.

To find out more, visit the NPR blog at this link.

To view our Firm Disclaimer, follow this link.

US Band Sues UK’s One Direction

11 Apr

Credit: Reuters

British boy band One Direction has been sued by a small California pop-rock group for trademark infringement.  The California band is seeking an injunction to prevent Simon Cowell’s entertainment joint venture with Sony Music, Sysco Entertainment,  from using the One Direction name in promotional material.

 The California band began using the name One Direction in 2009 and plays local fairs and bars.  An application to register the tradmark was filed by the California band in Feburary 2011.  The British boy band One Direction was discovered in 2010 on Cowell’s show, “The X Factor.”  Since 2010 the British boy band has enjoyed great success with their first single reaching the top of the UK charts.  The band is followed by 4.2 million fans on Facebook and 2.8 million fans on Twitter.  

“The lawsuit said the continued use by both bands of the same name was causing substantial confusion and substantial damage to the goodwill earned by the California group.” 

The full article from The Baltimore Sun, can be found at this link

To view our Firm Disclaimer, follow this link.

Second Legal Blow to Google in Two Weeks

10 Apr

Credit: Google, Inc.

Google suffers its second legal setback in two weeks.  First, last week the Court of Appeals for the Second Circuit revived Viacom’s $1 billion lawsuit against Google’s YouTube video site. (See our earlier blog post about Viacom’s lawsuit, Viacom Battle with YouTube Continues).  Then on Monday the U.S. Court of Appeals for the Fourth Circuit vacated part of an earlier court decision dismissing a trademark infringement lawsuit filed against the Internet-search company by Rosetta Stone.  The court revived claims that Google directly infringed on Rosetta Stone’s trademark and diluted the Rosetta Stone brand.

In a lawsuit filed in 2009, Rosetta Stone accused Google of committing trademark infringement by selling the language-software maker’s trademarks to third-party advertisers for use as search keywords.  Google sells advertisers the rights to use certain words or phrases as keywords for the paid ads, known as sponsored links, on search result pages.  Users are directed to the advertiser’s sites via the links and Rosetta Stone argued customers searching for its language learning software on Google were redirected to competitors and software copycats.  The keywords that Google sold to other businesses included “Rosetta Stone” and “Rosettastone.com.”  In 2010 a Virginia District Court dismissed the case finding there was no likelihood of confusion to consumers from the sale of the keywords.

More information can be found at this article from MSNBC.

To view our Firm Disclaimer, follow this link.

Entertainment Law Class Blogs Receive Recognition from Law School

9 Apr

Widener University School of Law in Harrisburg, Pennsylvania recently published an article on the school’s website about the entertainment law class of Professor Tonya Evans.  Students in the class are divided into five law firms with the firms maintaining their own blog about current hot topics in the entertainment industry.  Each firm has developed their own identity by using Twitter, Facebook, and Linkedin.  The law firms, in addition to ChickChat, include: Creative Protection, Dumas Firm, The Mentally In Firm, and wRAP jhAM.

The article, written by Erica Scavone of the class law firm, Dumas Firm LLP, can be found at this link.  Professor Evans has also blogged about the law firms as well.

To view our Firm Disclaimer, follow this link.

Viacom Battle with YouTube Continues

6 Apr

Credit: Viacom/YouTube

In 2007, Viacom sued YouTube for $1 billion alleging the site allowed users to post copyrighted Viacom content without permission between 2005 and 2008, including content from Comedy Central’s “The Daily Show” and “The Colbert Report.”  In 2010 a District Court judge granted summary judgment to YouTube and ruled YouTube was protected from the infringement claims under a “safe harbor” provision of the Digital Millennium Copyright Act.  The District Court judge ruled YouTube was protected under the safe harbors of the DMCA because there was not enough notice of the individual infringements.  Recently the U.S. Second Circuit Court of Appeals remanded the case to the district court.  The courts opinion stated:

“We conclude that the District Court correctly held that the 512(c) safe harbor requires knowledge or awareness of specific infringing activity, but we vacate the order granting summary judgment because a reasonable jury could find that YouTube had actual knowledge or awareness of specific infringing activity on its website.”

This remand gives Viacom a second chance to prove the copyright infringement claims against YouTube.  It continues the ongoing battle between entertainment companies and Web entrepreneurs over ‘user-generated content’ sites.

The full article from the Los Angeles Times can be found at this link.  An additional article from Fox News can be found at this link.

To view our Firm Disclaimer, follow this link

%d bloggers like this: