The rights to arguably the most popular song ever are up in the air thanks to New York filmmaker Jennifer Nelson. In her quest to create a documentary on the famous “Happy Birthday to You,” Nelson was shocked to run into a problem. In order to have the song performed in her film, Nelson had to pay a $1,500 licensing fee to Warner Music Group’s publishing division, Warner/Chappell, out of fear of the alternative – having to pay exponentially...
Read MoreRocker Joan Jett may love rock n’ roll but apparently she does not love trademark infringement. On June 12, 2013, Joan Jett brought suit on behalf of her record label Blackheart Records against retailer Hot Topic for trademark infringement and other claims. The lawsuit was sparked by Hot Topic’s use of the name “Blackheart” for its new rock and roll inspired collection. The Blackheart collection is extensive and includes lingerie, apparel,...
Read MoreOn Friday June 7, 2013, Apogee Software Ltd., who maintains the brand 3D Realms Entertainment, filed suit against Gearbox Software LLC for breach of contract. The contract at issue is a 2010 agreement between 3D Realms and Gearbox involving rights to make video games based on “Duke Nukem.” Apogee claims that Gearbox owes it millions of dollars in royalties and advance payments, specifically concerning the game “Duke Nukem Forever”. Further,...
Read MoreIn April, we featured a story on a controversial bill sponsored by New York City Councilwoman Margaret Chin, whose district includes Chinatown in Manhattan. That article can be found here. The bill as proposed aims to deplete the demand for counterfeit goods by criminalizing the actual purchase by anyone who knew or should have known the items were fake. On Thursday June 13, 2013, the New York City Council held a public hearing to consider...
Read MoreYou can’t kill a comic book character very easily and Marvel learned the same thing about a lawsuit over a comic book character. On June 11, 2013, the Second Circuit Court of Appeals gave Gary Friedrich a second chance in his battle to secure rights in the Ghost Rider comic. Friedrich first started working on Ghost Rider with Marvel back in 1972. But when he got word in 2004 of the upcoming Ghost Rider movie, that’s when he got serious and...
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