Ninth Circuit Makes Monkey Out of PETA in Copyright Suit By: Self-portrait by the depicted Macaca nigra female; rotated and cropped by David Slater. [Public domain], via Wikimedia Commons The Ninth Circuit dropped the curtain last week on nearly three years of litigation waged by People for Ethical Treatment of Animals (PETA) against wildlife photographer David Slater in the infamous “Monkey Selfie” case by declaring that monkeys do not have standing to sue for copyright infringement. View Full Post
After Netflix negotiated mega raises for the main actors of its hit program “Stranger Things” in March of this year, short-film producer Charlie Kessler wants a piece of the pie.  Kessler filed an action in Los Angeles County Superior Court last week for breach of an implied contract against “Stranger Things” creators Matt and Ross Duffer who he claims heard his pitch for a science fiction show at a film festival in 2014 and ran with it without his consent and without providing him just compensation. View Full Post
Ninth Circuit Has Whale of a Time Affirming Summary Judgment in Copyright Case of Crossing Dolphins 21575590 – dolphins at sea The Ninth Circuit issued an opinion last Friday that seems second nature. The court affirmed summary judgment for Wyland Galleries against marine wildlife artist Pieter A. Folkens, who claimed Wyland copied Folkens’s drawing of crossing dolphins in Wyland’s giclée titled “Life in the Living Sea.”  Folkens asserted Wyland created enough of the allegedly infringing prints to net over $4 million in sales. View Full Post
Federal Circuit Decision Leaves Lanham Act’s Provision Barring Registration of Immoral and Scandalous Marks “FUCT” 37541052 – belchonock It is not often that a court of law can issue a landmark opinion laden with profanity and sexual innuendos.  But last Friday, the United States Court of Appeals for the Federal Circuit seized the opportunity in a colorful decision holding the refusal of the United States Patent and Trademark Office (USPTO) to register street artist Erik Brunetti’s mark “FUCT” is an unconstitutional restriction of Brunetti’s right to free speech. View Full Post
Federal Circuit Decision Leaves Lanham Act’s Provision Barring Registration of Immoral and Scandalous Marks “FUCT” 37541052 – belchonock It is not often that a court of law can issue a landmark opinion laden with profanity and sexual innuendos.  But last Friday, the United States Court of Appeals for the Federal Circuit seized the opportunity in a colorful decision holding the refusal of the United States Patent and Trademark Office (USPTO) to register street artist Erik Brunetti’s mark “FUCT” is an unconstitutional restriction of Brunetti’s right to free speech. View Full Post
“The Cosby Show” Producer Demands BBC Foot the Bill for Using Show Clips in Documentary Exposé Former American icon Bill Cosby has been accused of sexually assaulting at least sixty women over five decades, according to Time Magazine.  But the Carsey-Werner Company, which produced Cosby’s hit sitcom “The Cosby Show”, claims the program still has “inherent entertainment value” that the British Broadcasting Corporation (BBC) wrongfully capitalized when it used eight clips and music from the show in its documentary “Bill Cosby – Fall of an American Icon.”  Carsey-Werner filed for copyright infringement in the U.S. View Full Post