Keeping Up with the Kardashian Kontracts
The Kardashians are once again making headlines. This time, Hillair Capital Management, an investor in the Kardashian Beauty makeup brand, has sued Kim, Kourtney, and Khloe Kardashian for fraud, breach of contract, and disparagement, among other things. Hillair seeks to recover the $10 million it invested in an effort to rescue the beauty line. Additionally, Hillair seeks to recover its interest in the joint venture, which is allegedly valued at somewhere between $64 and $180 million.
What did Khloe say about the brand at a Dubai exhibit that shocked audiences? Read more about Contract Law and Trademarks.
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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.
Communist Party to Copyright Red Star Symbol
Perhaps paradoxically, Russia’s Communist Party is embracing the concept of intellectual property and seeking a copyright claim over the party’s red star symbol. Party officials said that through the move they hope to prevent foreign companies like Macy’s, Heineken beer, and the California Republic from using the symbol in their own logos. “Sometimes our symbols are used for commercial purposes, and the state must protect state symbols from commercial use by foreign firms,” said Vadim Solovyov, chief lawyer for the Communist Party, to The Moscow Times.
Have you recognized the use of a red star in other brands? Read more about Copyright Protection.
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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.
Product Placement - The Next Wave of Advertising?
When the young hero in E.T. created a trail of peanut butter candies, he did much more than just lure a shy little alien out of the bushes. That iconic moment in the 1982 blockbuster began the transformation of product placement into a multi-billion dollar business. Originally, E.T.’s filmmakers approached Mars, Inc. for permission to use M&Ms in the scene, but Mars passed. Mistake…big mistake. Not only did the film catapult Reese’s Pieces’ popularity – sales reportedly increased 65% within three months – it also turned product placement into a major source of revenue for filmmakers.
Did your favorite beer brand make a cameo in a recent Bond film? Read more about Product Placement.
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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.
"Kentucky" Trademark Dispute: Mist Moonshine and the University of Kentucky
Colin Fultz, the grandson of a bootlegger, runs a small distillery in Kentucky that produces his signature Kentucky Mist Moonshine, and he sells T-shirts, hats, and other memorabilia bearing the name in his distillery’s gift shop. The University of Kentucky took note; although it doesn’t take issue with the mist or the moonshine, it sought to put a stop to apparel bearing the word “Kentucky,” asserting that it owns a defensible trademark to the state’s name. The university registered “Kentucky” with the United States Trademark and Patent Office in 1997 and threatened legal action if Fultz did not stop his memorabilia sales.
Can you trademark geographically descriptive terms? Read more about Trademark Law.
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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.
Movie Titles, Trademarks, and MPAA Protection
Ever wondered how two movies can share the same title? Or maybe why more movies don’t have the same title? The answer to both of these questions lies in what you can and can’t protect under copyright and trademark law, and the movie industry’s solution to this issue. Typically, copyright and trademark law do not protect movie titles. Copyrights are intended to incentivize creativity (and the effort it takes to be creative) by protecting original expression. In order to qualify for copyright protection, a work must have some amount of “authorship” and be “fixed in a tangible medium” (for example, in writing or saved on a hard drive).
Are movie titles distinctive, or merely descriptive? Read more Trademarks.
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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.
Atari Stakes Claim on "Haunted House" Phrase
Throughout the ’70s and early ’80s, Atari was on top of the video game world, but it has not produced any new games in years. These days, the technology company makes more money enforcing its intellectual property profile. And now, it will go before the USPTO in defense of the phrase, “Haunted House,” the name of a game Atari released in 1982 and a phrase found within the title of a game that Hazy Dreams is currently creating.
Is the phrase to generic to warrant protection? Read more about Atari and IP Law.
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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 Branding, Trademarks, and Product Placement in Movies and Other Productions
Buy a can of Coca-Cola® and it might cost you a dollar or two. But put that can in the hands of the leading man in your production and he’s wielding something that’s worth billions of dollars: the Coca-Cola® brand. In Part 1, From James Bond to Superman: Is Product Placement the Next Wave of Advertising?, I discussed the growth of product placement into a multi-billion dollar business. We will now focus on potential legal issues if branded products appear in productions without permission of the brand owners.
What legal doctrine allows Saturday Night Live to entertain us with a fake Preparation H commercial? Read more about Trademarks.
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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.
Prince and Copyright Protection
While the music world lost an icon in Prince, many artists and attorneys in the intellectual property legal industry also remember Prince for his zealous enforcement of copyright protection and artists’ rights. Relying on existing law and creating new legal precedents, Prince was not shy about enforcing his legal rights amid an increasingly hostile Internet age. In stark contrast to the many artists, both established and new, that chose to embrace digital distribution and the accompanying exposure garnered from social media platforms, Prince took the opposite approach.
Which nonprofit organization focuses on civil liberties in the digital world? Read more about Prince and his fight for artist's rights.
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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.
Buck Rogers' Movie and Copyright Troubles
Superhero blockbusters seem like the surest thing in movies these days with Batman v. Superman: Dawn of Justicetaking in almost $450 million from the worldwide box office in its first weekend. So it makes sense that Sony and Warner Bros. have shown preliminary interest in financing filmmaker’s Don Murphy’s attempt to create a Buck Rogers movie. But Murphy is not sure the Rogers story has entered the public domain, and a federal court recently held that it cannot tell him whether it has until he has already started making the movie.
In what year was the first novella referencing Rogers released? Read more about Copyright Law and the movies.
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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.
Understanding the Legal Madness of College Basketball
With men’s and women’s college basketball tournaments well underway, it is important for bloggers, broadcasters, and business owners to be aware of the National Collegiate Athletic Association’s® (NCAA) intellectual property rights and laws governing sales promotions related to basketball tournaments. Displaying signage that includes “March Madness” in a clothing store window or posting an advertisement that reads “Champions Play Here” in a blog post directed to promoting a fitness studio should only be done after receiving written approval from the NCAA.
While most social basketball pools are harmless, don't forget to brush up on the law before checking boxes once March rolls around. Read more about Trademarks.
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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.
Brand Battle: Batman v. Superman
Positioned between the end of awards season and release of the summer blockbusters is the most awaited- and will undoubtedly be one of the most talked about- movies of 2016 and possibly this decade, “Batman v Superman: Dawn on Justice.” The lift of the review embargo on Tuesday has sparked extensive debate and even verbal attacks by fans since the film has been given less than positive reviews by most critics.
How many federal trademark registrations have been issued including 'bat' and 'super' since 1940? Read more about vigilantes and Trademarks.
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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.
Mass-Market Edition of ‘To Kill a Mockingbird’ Quashed by Harper Lee's Estate
One of the most-read books in high schools throughout the country will soon be undergoing a major change. After the death its author, Harper Lee, the novel “To Kill a Mockingbird” will cease publication in its “mass-market edition form”—a decision that Lee’s estate made. This decision is significant because mass-market editions of books are typically much cheaper than their traditional paperback counterparts.or instance, one publisher sells a mass-market edition for $8.99, while a rival publisher, HarperCollins, sells the paperback for $14.99 and $16.99.
What other classics have already done away with mass-market editions? Read more about Copyright Protection for the popular read.
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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 29, 2018
Weekly IP Buzz -- Privacy and Virtual Assistants; IP Protection for Fireworks; Airline Trademarks -- Here's a summary of interesting developments in intellectual property, technology, social media, and Internet Law for the week ending June 29, 2018.
Privacy and Virtual Assistants; IP Protection for Fireworks; Airline Trademarks
Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending June 29, 2018.
How Much Does Your Virtual Assistant Know About You?
Amazon recently had to answer to the U.S. Senate after it was confirmed that a product in their virtual assistant line, the Amazon Echo, recorded and then forwarded a private, household conversation to a third party. While there are technical disagreements between the household and Amazon over whether the recording and forwarding of the conversation was unauthorized, Amazon has now had to answer to Congress regarding privacy concerns that have arisen over the incident. Amazon defends their product by claiming that the virtual assistant, Alexa, only woke up, after hearing a word in the conversation that sounded like the wake word, “Alexa.” Read more about privacy and your virtual assistant.
Intellectual Property Protection for Fireworks
Every July 4th, we celebrate an American tradition with food, friends, family, and, of course, fireworks. While fireworks are generally easy to procure, depending on what state you are in, few know about the surprisingly high amount of intellectual property challenges that fireworks manufacturers and vendors face today. The following discusses the IP challenges as well as forms of intellectual property protection for fireworks. One of the first challenges comes from advertising online. While fireworks are a popular search term online, keen observers might notice that searches for fireworks do not yield top hits for vendors and online stores like most search results would. Read more about IP law surrounding fireworks.
Where Do Airline Trademarks Go When Grounded?
Airline acquisitions/mergers have been a relatively common occurrence. Most recently, in 2016, Alaska Airlines acquired Virgin America. This was just another acquisition in a long line of airline acquisitions, and with each acquisition, questions arise as to what happens with trademarks associated with the airline being acquired. With the Virgin America acquisition, Alaska Airlines has recently announced that it intends to stop use of the Virgin America name and logo by 2019. Under U.S. trademark law, a mark generally goes abandoned and is free to use by others, if use has been discontinued (usually for at least 3 consecutive years) and the owner cannot demonstrate intent to resume use. Read more about Trademarks.
Click to read last week's Weekly IP Buzz.
For more posts, see more at our intellectual property law blog.
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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.
Neither Wins in Land O’Lakes v. Land O'Lakes Trademark Dispute
Two owners of a “Land O’Lakes” trademark recently went head to head in a Seventh Circuit trademark dispute. They made for unusual adversaries—one is in the business of selling dairy products like milk, butter, and cream, the other of selling fishing tackle. And for that reason, a three-judge panel dismissed the case; neither was likely to do much damage to their counterpart. The dairy manufacturer named Land O’Lakes is perhaps more well known.
Learn why industries matter when it comes to disputes between identical trademark holders. Read more about Trademarks.
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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 15, 2018
Weekly IP Buzz -- Ticketmaster Sues Over Alleged Illegal Bots; Hoverboard Fighting Segway at ITC; Driver's License Smartphone App? -- Here's a summary of interesting developments in intellectual property, technology, social media, and Internet Law for the week ending June 8, 2018.
Ticketmaster Sues Over Alleged Illegal Bots; Hoverboard Fighting Segway at ITC; Driver's License Smartphone App?
Here's a summary of interesting developments in intellectual property, technology, social media, and Internet law for the week ending June 15, 2018.
Ticketmaster Sues Prestige Entertainment for Alleged Illegal Bot Use
A U.S. district judge has given the go-ahead for a federal lawsuit between Prestige Entertainment and Ticketmaster, alleging illegal bot use, copyright infringement and other violations of intellectual property law, to continue in federal court. Ticketmaster filed a lawsuit against Prestige Entertainment alleging that Prestige used computer bots to purchase large amounts of tickets to blockbuster events that include, for example, the play “Hamilton” and the Mayweather vs. Pacquiao boxing match. In May, a California district court judge ruled that Ticketmaster’s petition did indeed include a legitimate claim, and as such, did not warrant dismissal by the court. Read more about bot use.
Makers of Hoverboard Fighting Segway at ITC
The U.S. International Trade Commission has begun investigating a complaint that Powerboard LLC’s “Hoverboard,” among other companies and products, violates a collection of patents held by Segway, Inc. You have probably seen high school and college students rolling by you recently on a two-wheeled contraption that reminded you of Marty McFly from Back to the Future, Part II. That contraption would be a “Powerboard by Hoverboard,” and Segway alleges that Powerboard LLC violates Section 337 of the Tariff Act by importing and selling the Powerboards and their components. This is actually Segway’s second complaint to the International Trade Commission regarding these patents this year. Read more about Hoverboard.
Will Electronic Driver’s License App Entitle Police to Search Smartphones?
Iowa has become the first state to actively pursue the use of electronic drivers’ licenses on smartphones. Announced in 2015, Iowa’s Department of Transportation began plans to offer their own license mobile application to state drivers for free. The electronic application would allow Iowa police to accept the application at traffic stops in lieu of a traditional license, and Iowa intends to also allow airport security officers to use the application for identification purposes as well. While many states already allow drivers to demonstrate proof of insurance via electronic means, this would mark the first time a state recognizes electronic applications as proof of identification. Read more about your privacy and the police.
Click to read last week's Weekly IP Buzz.
For more posts, see more at our intellectual property law blog.
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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.
Intellectual Property - Putting the "TEAM" in Arbitration
The new economy is an overwhelmingly knowledge-based economy, which means that contracts, software licenses, and agreements between companies, vendors, or suppliers have become increasingly focused on intellectual property issues such as software theft, copyright infringement, trademark infringement, trade secret misappropriation, and other intangible assets of a company. These contracts often have arbitration provisions related to any disputes, which may arise between the parties. The “TEAM” factors below apply to any intellectual property arbitration and include Timing, Experts, Appointment, and Management of an arbitration proceeding. These TEAM factors are important considerations for any party arbitrating an intellectual property dispute.
What is the typical timeframe needed to effectively prepare? Read more about IP Arbitration.
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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.
Royalty Payments and Jay Z's Copyright Lawsuit Victory
Sound engineer Chauncey Mahan has now all but exhausted his remedies in a copyright claim against rapper Jay Z after the Second Circuit affirmed a district court ruling against him and remanded the case for further damages calculations. In July, a Manhattan judge awarded Jay Z $253,000 in attorney’s fees after saying that Mahan’s claim was “objectively unreasonable.” Mahan sued Jay Z, Roc-A-Fella Records, and Roc Nation in 2014, alleging that he had a copyright interest in more than 40 songs that he worked on with the rap superstar.
Learn why it's a "hard knock life" for IP litigants who pursue frivolous claims. Read more about Copyright Law.
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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.
Standing to Sue: Licensing Issues and Patent Infringement
Luminara Worldwide, LLC v. Liown Elecs. Co. provides a great recap of issues to consider when analyzing standing and joinder in patent infringement cases. No. 2015-1671, slip op. at 5-13 (Fed. Cir. Feb. 29, 2016). In Luminara, Disney (the patentee) granted Candella (the exclusive licensee) a license to “make, have made, use, sell, offer for [sale], and import” artificial candles practicing the patented “Artificial Flame Technology.” Id. at 3. Disney later gave Candella the right to sublicense its interest in the Artificial Flame Technology, assign its interest with Disney’s consent, and sue without Disney’s consent. Id. at 4. Candella later merged with plaintiff Luminara. Id. at 5.
What rights does a patentee retain? Read more about Patent Infringement.
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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.
Thin Mints and Girl Scout Cookie Trademarks
Girl Scout cookies recently went on sale so prepare yourself for heated debates about the best cookie and, of course, the guilt of eating an entire box of cookies in one sitting. I wasn’t surprised to learn that Thin Mints are the all-time best selling cookies (as well as my personal favorite). Regardless of your preferred Girl Scout cookie, most of the people reading this will contribute to the $700 million-plus annual fundraising empire. When the Girl Scouts started selling cookies decades ago, only one kind of cookie was available – a simple sugar cookie. Over the years, over 50 kinds of cookies have been sold as Girl Scout cookies and about 40 of those have been discontinued.
Which caramel variety was allegedly named after the Girl Scouts founder? Read more about Trademarks.
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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.
Typosquatting Basics
Typosquatting (also referred to as URL hijacking or using a fake URL) is a form of cybersquatting in which an individual sets up a website that incorporates one of several typographical errors typically made when Internet users type a website address. Typosquatters then use those mistakes to their own advantage, often for personal gain. Some common uses of mistaken domain names include: trying to sell the domain name to the original brand owner; passing off the website as part of the branded entity; making money with pay-per-click revenues; redirecting to a competitor; and participating in malicious activities (intercepting passwords, installing malware, etc).
Hacking, phishing, and fraud - oh my! Read more about Typosquatting.
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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.