Comments on: Eddie Van Halen Tells Nike: Just Do it? You Already did it, copyright infringement!

By: Cheryl

Cheryl — Mon, 06 Jul 2009 20:24:52 +0000

Well of course it could be unintentional. The test of course is substantial similarity which varies with the type of work at issue.

By: Paige Gold

Paige Gold — Mon, 06 Jul 2009 19:43:24 +0000

I wonder if they really did copy him, or whether this will end up like the George Harrison/”He’s So Fine” case, where the court found infringement, albeit unintentional.
Of course, a court may say that a decoration consisting of big fat X’s drawn in bright, primary colors lacks sufficient uniqueness to be protected by copyright.

By: Cheryl

Cheryl — Mon, 06 Jul 2009 17:27:02 +0000

Laura:

The US is the only country requiring registration in order to qualify for attorney’s fees and statutory damages. Without a registration, the plaintiff must prove actual damages and foot the bill for the litigation, creating little incentive to settle valid claims.

By: laura estrada

laura estrada — Wed, 01 Jul 2009 15:43:22 +0000

Very interesting article. Although I was surprised to learn that without a copyright registratin Van Halen would have not been able to sue, if copyrights are supposed to be protected worldwide without need of registration pursuant to the Bern Convention.

By: John Scott G

John Scott G — Mon, 29 Jun 2009 05:05:53 +0000

Nice article. It made me smile when you included an open offer to provide clarity to the media on issues of trademark vs. copyright. Let us know if and when they call!