Eddie Van Halen Tells Nike: Just Do it? You Already did it, copyright infringement!
© Cheryl Hodgson 2009 | Posted On June 28, 2009
Not to be outdone by Ozzy’s media frenzy over BLACK SABBATH, Eddie Van Halen’s guitar stripes are creating a riff in Nike Town. Nike, the company that says JUST DO IT, just got told by Eddie Van Halen in a lawsuit, YOU DID IT! “You stole my copyright.” Nike launched its new Dunk Lows which contain a red white and black striped color scheme similar to Eddie Van Halen’s Frankenstein guitar design.
Eddie’s designs for the guitars were copyrighted in Washington in 2001. Copies of his registrations are properly attached with photos to the Amended Complaint filed June 25, 2009 in the U.S. Central District Court in Los Angeles. His claim is solely for infringement of the artistic design as shown in this copyright.
Early reports contained in Rolling Stone taken largely from an article in Spinner were a bit confusing, since claims of trademark and copyright infringement were bantered about interchangeably. Typically, many people don’t quite understand the difference between a trademark and copyright, confusing the two. (Okay, I’m available to the media to clarify these differences before articles appear!)
Did NIKE JUST DO IT?
While Eddie’s guitar design could conceivably qualify as a trademark, there do not appear to be any existing trademark registrations for the design as a trademark, nor allegations in his complaint that the design on the guitar functions as distinctive trade dress. The latter can be protected, but requires a higher burden of proof, including distinctiveness and even consumer association. Then there is the issue of the difference between shoes and guitars, although Eddie has launched his own shoe line with the stripes.
Way to go Eddie, for getting good legal advice and listening. He registered his designs as works of art (which they are) and if successful in his lawsuit, he can be awarded statutory damages as well as attorney’s fees. These remedies not available if you fail to register those artistic works prior to infringement. It’s a mere $35 fee and easy at www.copyright.gov. So JUST DO IT!
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Technorati Tags: attorney fees, Copyright, copyright registration, Intellectual Property, Music Law, trademark registration
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Trademark a Band Name: BLACK SABBATH Ozzy Osbourne v. Anthony Iommi
© Cheryl Hodgson 2009 | Posted On June 15, 2009
Ozzy Osbourne isn’t content to just watch Top of the Pops from his mansion in Jordans, outside of London; he wants his name back!
Osbourne recently launched a lawsuit and media blitz over rights in the BLACK SABBATH name against former band mate Anthony Iommi. The media thus far is mostly a “We love Ozzy Best Fest.” Rolling Stone-Investigative Journalism-Are you kidding? As a trademark lawyer with a music industry background, I have litigated and registered dozens of band names. This charade once again serves as a reminder to successful trademark owners, even aging rock stars, “It’s all about the brand stupid.” Osbourne is claiming rights to 50% of the name and merchandising royalties garnered by former band mate Iommi, who registered BLACK SABBATH at the U.S. Trademark Office in 2000 as well as in Europe The case is likely to reach settlement, encouraged by the court, since judges typically don’t like to see these types of facts in their courtroom. Then there is the cost factor. Does Iommi have the staying power for a costly legal battle, almost always an issue in group name disputes? If he’s collecting the royalties, he may stick it out. In group name disputes, one party usually has the facts, and the other the money. Guess which one typically prevails?
Ozzy acknowledges he ceased to perform or use BLACK SABBATH from 1980 to 1996, returning in 1997 when the two did a reunion tour. Iommi continued use the name during those years, performing in small venues, struggling to keep the name alive. That’s a very strong indication of abandonment of rights by Ozzy, who claims immaculate resurrection based upon his talented wife’s management skills by reuniting the group in 1997. But on what terms?
Osbourne’s official statement reads: Read the rest of this entry »
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Technorati Tags: Add new tag, band name, black sabbath, brand management, Branding, Entertainment Law, Intellectual Property, Music Law, right of publicity, trademark registration
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Facebook Brand Grab: Another reason to trademark a name
© Cheryl Hodgson 2009 | Posted On June 11, 2009
Facebook, Inc., announced that beginning Saturday, June 13th at 12:01 a.m. U.S. EDT, users of the Facebook website will be allowed for the first time to create personalized URLs for their Facebook pages (facebook.com/yourname).
Owners of international trademark registrations or federal trademark registrations can reserve their trademark on the Facebook platform by submitting relevant information to Facebook, Inc. through their trademark protection contact form, available at http://www.facebook.com/help/contact.php?show_form=username_rights.
Facebook, Inc. has created an online form for rights owners interested in preventing their trademarks from being registered as usernames by Facebook users.
We suggest trademark owners take advantage of this opportunity to be proactive in trademark monitoring and enforcement, lest your trademark end up as part of someone else’s facebook page.
An interesting article appears in Advertising Age http://adage.com/digitalnext/article?article_id=137195.
Contact our office for further assistance or information. 310.623.3315.
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Technorati Tags: brand equity, brand management, brand protection, Branding, Intellectual Property, trademark registration, Trademarks
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International Trademark Registration Now More Affordable!
© Cheryl Hodgson 2009 | Posted On June 10, 2009
In a world that is growing increasingly smaller, Trademark USA is just the beginning for many companies who want to protect Intellectual Property including a global trademark. Be certain your business is protected in Europe. The time has never been better to secure international trademark protection:
1. Protect the right to own and monitor use of your trademarks in advertising and in country level domains throughout the EU member countries by distributors or affiliates.
2. Secure protection in 27 countries at once to protect the right to future expansion in Europe.
3. Trademark fees have been recently reduced, and you can to file broadly in three classes for the same fee.
As of April 1, 2009, the European Trademark Office ended the practice of charging for Trademark Registration Certificates. As a result, to register a trademark in Europe now only costs $2,300 and protects your business name or slogan in EACH of the 27 countries that make-up the European Union. This price also includes three entire classes of goods and services, which is rare in international trademark applications.
Hodgson Law benefits from having European and American licensed attorney Ryan Segarra Blaney. Prior to joining HL, Blaney was an associate at a major Spanish intellectual property firm based in Barcelona, Spain. Blaney and HL can guide you with expert knowledge of the European Trademark process from right here in the United States – saving you both time and money.
Due to a special arrangement with our EU affiliate law firm, HL is able to offer clients an additional trademark search package for $1,500. HL has access to a unique European Trademark database which is updated weekly, and will allow you to know what is already registered in Europe, before you embark on your business goals.
If you order a European Trademark Search prior to July 15, 2009, Hodgson Law will provide a free analysis and consultation on how best to move your brand into Europe. This is an estimated savings of $500.
HODGSON LAW: In Touch with You, Europe… and the World…
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Technorati Tags: brand equity, brand management, brand protection, Branding, brands, business management, intangible assets, Intellectual Property, trademark infringement, trademark registration, trademark selection, Trademarks, women entrepreneurs
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What is Branding?: Elle McPherson Gives Us an Insiders View
© Cheryl Hodgson 2009 | Posted On May 26, 2009
Who said intellectual property was not sexy?!!
At the recent International Trademark Conference in Seattle, Washington, May 2009, Elle McPherson spoke to several thousand trademark attorneys and brand owners about how to create a great brand. Branding is an integral part of our world now, bombarding us in every type of media format we are faced with on a daily basis. In order to create a great brand, you first have to have a vision. Elle Mcpherson had this vision, and next year that vision is expanding into more than 20 new countries worldwide.
Branding entails developing a name or slogan behind a person or product. Branding not only entails picking a name and registering it as a trademark, it involves registering and developing that brand on an international level. Moreover, a federally registered trademark is not the end. Branding includes protecting and enforcing that name so that it does not become diluted, it remains strong and continues to represent the product or services you are providing to consumers.
Elle McPherson created “Elle McPherson Intimates” as a lingerie brand to align her face and image behind. This “brand” began in her native Australia, and over the course of time, has expanded into other Anglo countries such as the U.S. and the U.K. If this were not challenging enough, Elle is taking her brand worldwide by launching next year into over 20 countries. This feat will inevitably mean gaining registrations for her initial Aussie international trademark registration in each of the countries Elle launches in. Once registered in each country, Elle will have to enforce her brand to make sure that the name is not infringed in cyberspace, nor allow copies of the product to be pirated and pushed through customs.
Everyone at INTA 2009 appreciated Elle taking the time to highlight the importance of branding, and Los Angeles Trademark Lawyers Hodgson Law, wish her the best of luck in all her future endeavors.
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Technorati Tags: Australia, Branding, cybercrime, Elle, Elle McPherson, enforcement, Intellectual Property, trademark
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International Trademark Association Conference – Seattle, Washington
© Cheryl Hodgson 2009 | Posted On May 26, 2009
Hodgson Law just returned from a week in Seattle, Washington, and we are exhausted! However, we attended the International Trademark Association Conference which is held once a year in a different city in the world. This year the chosen city was the majestic metropolis of Seattle.
After arriving in the city the night kicked off for us attending a party hosted by Knobbe, Marten, Olsen & Bear atop the Seattle Space needle. The views were amazing, as were the new friends we made from Brazil, Argentina, Mexico, Belgium and Spain.
Intellectual Property attorneys from all over the world congregated in Seattle to discuss pertinent issues in the IP realm, from branding to enforcement, patent issues to copyright filing and everything in between. Hodgson Law discussed Entertainment Law issues facing the legal community, enforcement issued faced by in-house corporate counsel as well as IP auditing issues in an era pronounced by mergers, acquisitions, buy-outs and general closures.
Hodgson Law would like to thank all of the new friends they made in Seattle, from all over the world. We sincerely are excited and look forward to working with you in the near future.
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Technorati Tags: Brand, brand management, brand protection, Branding, conference, Copyright, Entertainment Law, INTA, Intellectual Property, internet law, Legal, Marketing, McCarthy on Trademarks, Seattle, trademark registration, world
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Woody Allen Settles Right of Publicity for $5 million–Think Outside the Trademark Box
© Cheryl Hodgson 2009 | Posted On May 22, 2009
Woody Allen recently settled with American Apparel for $5 million over a 2007 billboard use of his image dressed as a rabbi from the film Annie Hall. The right of publicity is a property right, founded in common law and by statute in many states. The right allows celebrities to control use of their name, image and likeness for purposes of commercial use or endorsement. While not a trademark doctrine, there can be overlap. For example, if a celebrity name is also a registered trademark, and many are, then there may be both a trademark infringement and a right of publicity claim. Read the post: http://brandaideblog.com/branding/brand-protection-for-celebrities-public-figures-and-yes-even-regular-folk-with-a-product-or-service/
American Apparel claimed the first amendment right of free speech permitted its use on grounds it was a “satiric and social statement.” Since the case was settled on the eve of trial, that answer will not be resolved. One presenter at the INTA convention il was well advised to enter into the settlement. In Seattle earlier this week one presenter opined that “American Apparel was well advised to enter into the settlement. I don’t think the First Amendment defense would have gone very far.” Think Outside the Trademark Box.
The First Amendment however should not be used to avoid liability for conduct clearly using a celebrity image to promote a product without payment or consent.
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Technorati Tags: Entertainment Law, right of publicity, trademark, Woody Allen
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Has Google Met Its Match in Regards to Adwords?
© Cheryl Hodgson 2009 | Posted On May 14, 2009
The saga over Google Adwords continues…
I am sure most of you out there in the Internet world are aware of what Google Adwords are, but if not, here is your introduction. In essence, Google sells words which vary in price based on their popularity. For example, the word “trademark” = very expensive / the word “dirt” = not so much. Webmasters use these keywords to add them in their webpage metadata, which serve as crawlers to attract more Web surfers. Furthermore, these Adwords can appear on the search listing of a webpage so that whenever someone “Google’s” the word “trademark”, their website shows up among the first results. The more people that want to use a specific word will drive up the price for that word.
However, this auction-style affair with Internet search terms is running into problems when dealing with registered trademarks. A lot of people spend beaucoup amounts of money to federally register a word or phrase as a trademark. Would you like it if someone is then auctioning that word on the open Internet market? As they say in France – mais non!!! Check out our previous post on the issue!
Several cases have been filed in court against Google over their practice of selling Adwords, but guess what; Google is now a financial giant. Google in the past has waived their wand of money – and voila – the plaintiff runs away to enjoy their settlement fee on a beach on la plage de Cannes. Unfortunately, this has meant that the issue has never been definitively decided in court. Is it wrong to sell trademarked word or not? Je ne sais pas…
But ooh la la my friends, a potential class action suit is beginning to rear its ugly head. A sales process software company called Firepond is attempting to garner enough support to sue Google claiming that the Adwords system infringes their trademarks. If Firepond is able to attract other companies that feel threatened by the system, the whole legal process could be very costly for the Cupertino, California giant.
Will a class action suit finally tell us whether it is legally right or wrong to be selling registered trademarks for search engine use? Only time will tell…
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Technorati Tags: AdWords, Brand, brand management, brand protection, Branding, class action, Firepond, Google, Intellectual Property, internet law, lawsuit, Legal, Marketing, trademark registration, Trademarks
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From the TweetDeck: eBrandingQueen
© Cheryl Hodgson 2009 | Posted On May 5, 2009
- Cheryl gave a presentation at the eM9 Convention in SFO on April 21 featuring highlights from one of America’s favorite pirates (the old fashioned kind). What an exciting event, and another is already planned for October in Atlanta. www.emarketingassociation.com.
- The presentation could not have happened without two of our favorite clients and supporters:
o Mario Salinas, Cheryl’s first client ever in Los Angeles years ago. He videoed Cheryl’s presentation in SFO and is ab fab. Mario has always delivered 500% above and beyond what was asked. Plus Mario is the text book example of what happens to someone who failed to get a trademark registration for his domain, and got sued by the bullies at Amazon. www.convention-floor-videos.com.
o Deb Shames & David Booth, of ELOQUI®, are the best there is in helping lawyers and any other professional like me learn how to speak to a crowd and be understood. Don’t dare make that next pitch or presentation without them! Deb & Dave have a wonderful new book coming out soon. www.eloqui.biz
- Cheryl went to Germany to attend another amazing event by Denise Linn www.deniselinn.com, sponsored by PRIMAVERA, www.primaveralife.com, without doubt the world’s finest line of essential oils and aromatherapy products, who are building a wonderful new home, nestled in the heart of the Bavarian Alps. Okay, it snowed for 5 days straight, but then, we would not have been able to finish the, long awaited:
- BrandAideTM Brandito Watch Internet Enforcement Manual. Get a free excerpt here: www.brand-aide.com. This manual is full of vital information all trademark owners need to know: Typosquatting, Cybersquatting, Domains as AdWords, the INSURE Brand Protect Sequence, and more. Yes, I know you are thinking , but what? I promise, this is for your own good! We made it fun. You’ll love BRANDIE our Director of Internet Enforcement, who offers “Paws” tips along the drive to brand distinction.
- Hay House, www.hayhouse.com, just launched www.healyourlife.com featuring links to the authors, their blogs and sites. We are so grateful to have them as our client. You can now use their new Twitter ID: healyourlife
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Technorati Tags: brand management, brand protection, Branding, Intellectual Property, Marketing, trademark registration, Trademarks, twitter
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Barca vs. Chelsea: Will European Football Games Fall Under New Euro-zone Antipiracy Rules
© Cheryl Hodgson 2009 | Posted On May 4, 2009
In case you havent already heard, Barca THUMPED Real Madrid this past week in a 6-2 killing. Although it may rank as one of the greatest days in my life, it still leaves me nervous about this Wednesday’s match, May 6, between Chelsea and Barca in the Champions League. Last week when the two met, the game was a 0-0 draw. I am hoping that the new encounter will see Barca give it to the Englishmen with the same overwhelming result as in the Real Madrid match-up.
That said, something like the Champions League is the driving force of billions, if not trillions of dollars in merchandising fees, licensing, advertising, network agreements, etc.
The European Commission has agreed upon a final draft proposal of a new Telecommunications bill, accepting the groundbreaking clause initially proposed by France. This bill makes it so that anybody caught downloading ilegal digital files can be shut down immediately. Prior to this bill, anyone in the Eurozone downloading illegal files could not be stopped, but for, a legal proceeding and a ruling that the activity was illegally. This new Telecommunications bill will give copyright, trademark and other rights owners carte blanche to shut down the Internet services of a user for a period of hours or months.
In re to the big Champions league games coming up – would the passing of this bill have any bearing on pirated t.v. stations, digital downloads of free merchandise or pics, etc.?? This is ground breaking news from Europe where the countries up to this point could not agree on a plan of attach against Internet piracy. The bill will be voted on next week.
Stay tuned!!!!!!!!
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Technorati Tags: barca, Barcelona, brand management, champions league, chelsea, Europe, football, Internet Piracy, London, nou camp, Real Madrid, soccer, Telecommunications
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