Copyright Infringement? New York Times Sues Book Publisher for Use of War Photos

In a recently filed lawsuit, the New York Times finds itself in the perhaps unusual posture of suing someone else for going to print. The vaunted newspaper sued the publisher and the author of a recent book, War is Beautiful, alleging that the book’s cover used thumbnails of numerous NYT front pages without paying a licensing fee. The complaint, filed in December, alleges that Powerhouse Books infringed on the Times’ copyright when it printed the book with a cover that contained 64 images of front pages that depict wartime photography.

Do the newspapers' front pages fall within fair use? Read more about Copyright Infringement.

-----

In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Mobile Ordering and Online Privacy

The customer strolls past the long line of caffeine-deprived commuters and saddles up to the bar, just as the barista presents a drink already prepared to her exact specifications: a grande, no-whip, extra-hot mocha with nonfat milk and an extra shot. Is the barista a psychic? Nope. A few minutes before arriving at the store, the customer used her smartphone to order and pay for her drink via Starbucks’ mobile app. A growing number of restaurants are following Starbucks’ lead and offering customers the option of ordering and paying ahead by way of their smartphones. 

What legal safeguards can restaurants employ to protect customer convenience? Read more about mobile ordering.

-----

In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Maker of NBA2K16 Video Games Sued Over Use of Players’ Tattoos

Over the previous decade, sports video games have become more and more sophisticated as makers work to get every excruciating detail about every player just right. One tattoo studio, however, alleges that Take-Two Interactive went too far in the latest edition of the popular basketball series NBA2K. Solid Oak Sketches sued the NBA 2K16 creator in federal court recently for copyright infringement, alleging that 2K16 used eight pieces its artwork on popular athletes such as LeBron James and Kobe Bryant without its permission.

Which NFL running back's tattoo landed EA Sports in hot water in 2013? Read more about video games and IP law.

-----

In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

“Retro” Logos and Macy's Trademark Infringement Win

Most of the brands owned by retail conglomerate Macy’s are no longer in business, but those defunct department stores’ trademarks are still going strong. A federal judge ruled in an order granting partial summary judgment that Strategic Marks, LLC could not sell T-shirts bearing these department stores’ logos because their use constituted trademark infringement. Macy’s has owned many other retailers, including Abraham & Straus, Bamberger’s, The Bon Marché, and The Broadway. Marshall Fields, for instance, was a Macy’s retailer that had been in business since the 1800’s, but in 2006, all of those retailers were converted to Macy’s.

Can a store's trademark still be owned after it closes up shop? Read more about Trademark Infringement.

-----

In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Legal Issues with Mobile Apps

Mobile order and pay-ahead apps boost sales and customer loyalty – but restaurant operators must address legal issues, too. Only a few years ago, customers relied on restaurant mobile apps primarily to find a nearby location or to browse a menu. But now, they’re reaching for their phone for a whole lot more. “As a growing number of restaurant chains move into the mobile/digital space, the features available to guests are become increasingly complex,” according to Lisa Jennings, West Coast Bureau Chief for Nation’s Restaurant News. Guests are turning to mobile apps to order ahead, pay, and skip the line. 

Learn how a good privacy policy can help protect your business while exceeding customer's expectations. Read more about mobile apps.

-----

In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

'Deadpool' and Copyright Infringement

The newest superhero blockbuster, “Deadpool,” is a certified hit, having racked up more than $500 million at the worldwide box office after only two weekends. But prior to its release, the script was in limbo for many years. The prospects of the movie’s production weren’t looking promising—that is, until test footage leaked on the Internet, sparking strong positive reactions from comic book fans and spurring Fox into action. As damaging as copyright infringement may be to the movie industry, Fox may owe its latest hit to the footage’s illegal release.

Did actor Ryan Reynolds spill the beans on who leaked the footage? Read more about Copyright Infringement.

-----

In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Weekly IP Buzz for week ending June 8, 2018

Hasbro Trademarks Play-Doh Scent; Reposting Sports Clips and DMCA Takedowns; Amazon Fights ASIN Hijacking

Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending June 8, 2018.

Sensory Marks: Hasbro Trademarks Signature Play-Doh Scent

While the U.S. Trademark Office has long allowed the trademarking of scents and smells as sensory marks, few companies apply to have scents trademarked because the application can be difficult to complete and because few companies find it necessary to enforce such trademarks. This past month, Hasbro made news by filing a trademark application to protectthe scent of Play-Doh. Although Play-Doh has been around for over two decades, Hasbro only recently decided to file for federal protection of the product. Read more about sensory marks.

“GIF” Me a Break: Reposting Sports Clip Could Cost Twitter Account

Should you think twice before tweeting that sports highlight or animated GIF? While sports bloggers have long created and posted video excerpts and animated GIFs of NFL, NBA, MLB, NHL and NCAA sports footage to which they have no express rights, recent crackdowns by some of these entities – in the form of DMCA takedown notification – suggests that such actions may cost you your Twitter or other social media accounts. The Digital Millennium Copyright Act (DMCA) was signed into law by President Clinton in 1998 and essentially protects copyrighted information from infringement on the Internet. Read more about the law surrounding social media.

Amazon Fights ASIN Hijacking

As Amazon has experienced exponential growth since its inception, it has had to wrestle with new and emerging issues in technology and intellectual property law. One of the more recent issues has been ASIN hijacking. ASIN stands for Amazon Standard Identification Number. The Amazon Standard Identification Number is a 10-character alphanumeric unique identifier assigned by Amazon and its partners to products for easy and uniform identification within the Amazon organization. Other similarly used identifiers are the Universal Product Code, which is a twelve-digit bar code used in the United States or the European Article Number (“EAN”), which is a 12-13-digit product identification code used in Europe. Read more about Amazon and evolving IP issues.

Click to read last week's Weekly IP Buzz.

For more posts, see more at our intellectual property law blog.

--------

Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charitable movement devoted to changing the world one random act of kindness at a time, and publishes Thriving Attorney, a blog dedicated to exploring the business of the practice of law, productivity and performance for attorneys, and other topics such as law firm leadership and management, law firm culture, and business development for attorneys.

Click to learn more about Darin M. Klemchuk's law practice as an intellectual property lawyer.

Copyright Protection Now Included Amongst Batmobile Features?

Moviegoers won’t find out who wins the head-to-head match-up in “Batman v. Superman: Dawn of Justice” until March 25, but Batman has already scored one recent intellectual property victory in the courtroom. Recently, DC Comics and Warner Bros., Inc. won copyright protection for the superhero’s signature vehicle, the Batmobile. Last week, the Supreme Court declined to hear the case, solidifying the legal win.

In what year did DC Comics first introduce the iconic ride? Read more about Copyright Protection. 

-----

In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Risky Business: Beware Hackers and Holiday Fraud

With Black Friday, Cyber Monday, and numerous events held during the holiday season quickly approaching, some hackers are looking forward to stealing personal information from consumers. While consumers realize they are at risk, businesses that offer eCommerce should also realize they are at risk of losing money and at risk of being held liable for consumers’ stolen personal information.

What technological safeguards should businesses take during the holiday season? Read more about hackers and eCommerce.

-----

In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Now Loading... Patent for Mini Video Games Loading Screen Expires

If you’ve ever played video games, you know the worst part can be waiting for the game to load. Nothing happens. The screen sits immobile, reads “now loading,” or perhaps features a fact or tip about the game. And that is because technology company Namco Bandai has held a patent on mini games within those loading screens since 1995. But on Friday, that patent finally expired, paving the way for other gaming companies to make the video game loading screen a little more interesting.

Will game developers still have to pay licensing fees to Namco for similar mini games? Read more about Patents.

-----

In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

All About Turkey Day Trademarks

It’s Thanksgiving and, like many Americans, your Turkey Day will likely be filled with family, lots- no, too much!- food, the Macy’s Thanksgiving Day Parade, and football. These are not only traditions for many Americans but they also are the subjects of Thanksgiving-themed trademark registrations or applications. Between gorging yourself on Aunt Linda’s famous pie or pretending to laugh at same jokes that Uncle Steve tells every year, enjoy this list of Thanksgiving-inspired trademarks.

What do you call a 'bird-within-a-bird'? Read more about festive Trademarks.

-----

In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Can 3D Digital Models Be Patented?

3D printing has become more and more accessible for a variety of different industries, and now, sometime this summer, the U.S. Court of Appeals for the Federal Circuit will decide whether 3D digital models can be patented. It is a particularly tricky legal issue because the circuit’s discussion centers around the computer files of the 3D-printable models, rather than the finished printed models themselves. The case involves Align Technology, a company that owns several patents relating to methods to produce orthodontic teeth aligners, including those for Invisalign, which is an alternative to metal braces.

Does something have to be tangible to be patentable? Read more about the law surrounding 3D printing.

-----

In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Patent Infringement Complaints and Amended Federal Rules

The amended Federal Rules of Civil Procedure will take effect on December 1, 2015. Before implementation of these Rules, in its complaint, a plaintiff alleging patent infringement merely had to place the defendant on notice of its infringement. This has been referred to as “notice pleading.” Over the last 10 years, the Supreme Court has attempted to increase the level of factual detail needed to place a defendant on notice through Bell Atlantic v. Twombly, 550 U.S. 544 (2007) and Ashcroft v. Iqbal, 556 U.S. 662 (2009). However, the Federal Circuit in 2012 (In re Bill of Lading Transmission and Processing System Patent Litigation) found that if the Twombly/Iqbal standards conflict with Form 18 of the Federal Rules of Civil Procedure with respect to a direct infringement allegation, then Form 18 controls.

What is a 'plausible' claim of infringement? Read more about the new rules. 

-----

In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer..

Texas A&M Takes Indianapolis Colts to Task Over ‘12th Man’

Several professional football teams use the phrase ‘12th Man’ in association with their organization. It’s a phrase that for these teams implies the fans play an important part in their teams’ success. But all these teams owe the phrase to Texas A&M, which has trademarked the phrase. Recently, to enforce its trademark, Texas A&M sued the Indianapolis Colts to prevent the organization’s alleged unauthorized use of the phrase.

In what year did A&M trademark the phrase? Read more about the 12th Man Mark.

-----

In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

.

eCommerce and the Importance of Privacy Policies

A privacy policy, also known as an information management policy, is an agreement between a website operator and a website user that determines how the operator intends to use, collect, store, share, and protect the data that the user shares through interactions with the website. Even a little more than a decade ago, some commercial websites did not have privacy policies, but now, virtually all websites have one. These policies, which should be separate from the website’s terms of use agreement, are a necessity for several different reasons.

What two questions should a privacy policy answer for website users? Read more about how your information is collected online.

-----

In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Can Taylor Swift "Shake It Off" When it Comes to Infringement?

Pop superstar Taylor Swift is used to fending off the haters, but this time, she will be doing it in federal court. In a recent lawsuit, R&B singer Jessie Braham sued Swift for $42 million, alleging that Swift took lyrics from his 2013 single, “Haters Gone Hate,” for her No. 1 hit single “Shake It Off.” Braham is alleging copyright infringement based on his song’s chorus, which contains the following chorus lyrics: “Haters gone hate, playas gone play / Watch out for them fakers, they’ll fake you every day.” Swift’s song, on the other hand, contains these chorus lyrics: “Cause the players gonna play, play, play, play, play / And the haters gonna hate, hate, hate, hate, hate.” 

Is Braham just another hater, or does he have a legitimate claim? Read more about copyright infringement.

-----

In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Putting the "Pin" in Pinterest – US and UK Lose Trademark Battles

Pinterest, the social networking site where users can “pin” items to various interest boards, has an estimated value of more than $11 billion. There is no doubt that its 70 million users identify the “Pin” and “Pin it” marks used on the site. But all of that notoriety and widespread use did not prevent it from losing two important trademark battles over exclusive right to use the word “pin” in connection with its various services.

Who hasn't heard of Pinterest? Read more about the battle of the pin.

-----

In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer..

Owner Modifications to Vehicle Software Modifications Allowed by Copyright Authorities

Under a recently issued series of Digital Millennium Copyright Act (DMCA) exemptions, vehicle owners will soon legally be allowed to access the vehicle’s software. The Library of Congress, whose copyright office issues such exceptions every three years, permitted access to the software for, among other reasons, diagnosis, repair and modifications. The exceptions will go into effect in one year, and they must be renewed in three years. They also apply to certain agricultural vehicles, such as tractors. Vehicle owners still may not extract code, replicate it, and sell it.

How vulnerable is your vehicle's computer system to hacking? Read more about Copyright Protection.

-----

In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.

Weekly IP Buzz for week ending June 1, 2018

23andMe's IP Claims Against Ancestry.com; All About the GDPR; Protecting Seismic Data in the Oil Patch

Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending June 1, 2018.

23andMe Hits Ancestry.com with Multiple Intellectual Property Claims

23andMe has sued rival genealogy company, Ancestry.com LLC (“Ancestry”) in federal district court over claims of patent infringement, false advertising; and has also petitioned for trademark cancellation of Ancestry’s registration of “ancestry.” Currently, Ancestry is the largest for-profit genealogy company. In the recent dispute between the two companies, 23andMe has sued Ancestry for patent infringement over their patent, U.S. patent number 8,463,554, entitled “Finding relatives in a database,” which covers a systematic method of analyzing DNA in databases and identifying those strands, regions, or portions that are “identical by descent” in matching regions of the DNA genome. Read more about the kinds of intellectual property claims.

What Do You Need to Know About the GDPR?

Over the last few weeks you might have noticed an influx of new emails and paper mail notifying you about changes to the privacy policies of services that you may often use online. A lot of this has to do with the fact that a new European Union Law, the General Data Protection Regulation (GDPR), came into effect May 25, 2018. The GDPR is the European Union’s new, overarching privacy law and is aimed at giving consumers more control over their personal data in an effort to force companies to provide more transparency over what information they collect as well as to ensure that the personal data collected is well cared-for and adequately protected. Read more about the implications surrounding the GDPR.

Treasure Maps: How to Protect Seismic Data in the Oil Patch

Seismic data has long been considered highly-valuable in the oil and gas industry. So much so that people in the industry often call seismic data maps “treasure maps” because they “show you where the gold is” by identifying the best locations to drill in an oil or gas prospect. Seismic data owners often provide access to or share their seismic data when looking to collaborate or sell an oil and gas prospect. Seismic data owners encounter several issues when determining whether to share the seismic data; how to share the seismic data; and who to share the seismic data with. Read more about safeguarding seismic data.

Click to read last week's Weekly IP Buzz.

For more posts, see more at our intellectual property law blog.

--------

Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas. He also co-founded Project K, a charitable movement devoted to changing the world one random act of kindness at a time, and publishes Thriving Attorney, a blog dedicated to exploring the business of the practice of law, productivity and performance for attorneys, and other topics such as law firm leadership and management, law firm culture, and business development for attorneys.

Click to learn more about Darin M. Klemchuk's law practice as an intellectual property lawyer.

Supreme Court Reviews Willful Patent Infringement Standard

At a glance, two of the Supreme Court’s most recent cases have little in common: one involves electronic components in circuit boards, and the other involves a pressurized irrigation system for cleaning wounds during surgery. But the Court recently granted certiorari and combined the cases to decide the standard through which lower courts should decide willful infringement in patent cases.

How might small businesses be affected by the two-part test used to evaluate alleged infringers?  Read more about willful infringement.

-----

In addition to Thriving Attorney, Darin M. Klemchuk is founder of Klemchuk LLP, a litigation, intellectual property, and transactional law firm located in Dallas, Texas.  He also co-founded Project K, a charity devoted to changing the world one random act of kindness at a time.  Click to read more about Darin Klemchuk's practice as an intellectual property lawyer.