‘Ironman’ infringment claims stripped down

 

Court tosses lawsuit over suit but keeps alive tiff over movie poster

When a super hero upgraded from spandex and metal to hard-core gear, that spawned a lawsuit over a suit. But almost two years after Horizon Comics Productions, Inc. (“Horizon”) sued Marvel Entertainment, LLC (“Marvel”) for copyright infringement, a federal judge has unzipped the claim that one of the planet’s leading character-based entertainment companies stole the body armor design for Iron Man from two comic book artists.

U.S. District Court Judge J. Paul Oetken scrapped most of the suit by Horizon and onetime Marvel artists Ben and Ray Lai, finding iron-clad dissimilarities between Ironman’s ever-evolving garb in a $318 million-dollar movie and the attire of  the protagonists in a 2001 comic book series “Radix.”

But the judge also left a glimmer of possibility for the Lais and Horizon, allowing their claims to go forward that the Iron Man movie poster may have infringed on their intellectual property. How did this suit clang its way into court for so long? (more…)

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Behind a fun festival season, legal lines in sand

For Coachella and other lucrative live music events, there’s no fiddling around in enforcing protections for brands, merchandise

Summer’s quickly approaching, and that means the music festival season soon will be rocking and rolling in its full glory. But there’s more than meets the eye in staging successful—read that highly lucrative—events, besides getting throngs out in Mother Nature’s splendor for a splendid series of hot performances by top artists of the moment.

For Entertainment Law counsel, protecting a festival’s name, brand, intellectual property, and associated merchandise can require a lot of non-musical movements, year-round overtures in copyright and trademark enforcement. They’re playing a big score, with events and goods representing a sizable part of pop music’s revenues these days.

That’s the prelude for this post, now on to seeing some of how it’s done, with a sampling of the legal fugues performed by a major player, the Coachella Music Festival LLC:

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Justices zip up a fashion copyright case

High court, in novel 6-2 ruling, extends legal protection to stripes, chevrons, zig-zags that adorn a major makers’ cheerleader uniforms

The three women donned dapper black for the colorful discussion. Their four male colleagues also appeared in sober, knee-length, noir-dominated attire. After weeks of chatter no doubt about stripes, chevrons, zig-zags, the sculpture of Marcel Duchamp, and multi-dimensionality in design, justices of the highest court in the land recently had their final hurrah in a battle over cheerleader gear, copyright, and fashion.

The U.S. Supreme Court has ruled 6-2 that graphics elements on uniforms designed by Varsity Brand Inc. (“Varsity”) can be protected under section 101 of the Copyright Act. Sis, boom, bah: That means Varsity now gets to pursue its infringement claim against Star Athletica, Inc., (“Star”). But who else might be cheering or jeering (in Bronx fashion) this decision, unusual even at a court that this term also has pondered the rights of kids and Wonder dogs. (more…)

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Polish tiff translates into $3 million in penalties


Do widzenia i powodznia!* Telewizja Polska, S.A. (TVP), may be saying to $3.06 million in its bank accounts. That’s because U.S. District Court Judge Tanya S. Chutkan in Washington, D.C., has found, under American law, that the Polish national television network infringed on the copyrights of Spanski Enterprises, Inc. (SEI), a Canadian content-distributor of Polish television programming.

Chutkan ruled that TVP got itself in quite a ogórek kiszony** over the rights to show dozens of episodes broadcast on an international Polish-language broadcast channel, TVPolonia.com, which touts itself as airing “Polish news, current affairs and information programs, sitcoms, mini series, soap operas, movies, programs for children, entertainment programs and much, much more.”

Co oni walczą o?Słuchaj.***

*Goodbye and good luck! **dill pickle ***What were they fighting about? Listen up.
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A King of Comedy clobbers an old claim

Steve Harvey, the original king of comedy himself, will get the last laugh in his long dispute with Joe Cooper, a  videographer.

A federal court in Dallas has tossed Cooper’s lawsuit, seeking $50 million, and asserting that Harvey had breached a contract with him for recording 120 or so hours worth of the comedian’s stand-up routines at Harvey’s Dallas club back in 1993.

It turns out that the joke two decades later is on Cooper, as jurors, after just hours of deliberation, found that he and Harvey had not entered into a valid contract. Instead, Harvey’s counterclaim that Cooper invaded his privacy due to misappropriation of the comedian’s name and likeness prevailed. Cooper learned the hard way that posting YouTube videos can have their legal peril. (more…)

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Judge clips VidAngel’s naughty wings


A streaming company that has tried to seize a higher ground, taking Hollywood movies from discs and “cleaning” the films of pornography, nudity, and violence and then providing them online to its customers, has itself acted in naughty, naughty fashion, a federal judge has found.

In Los Angeles, U.S. District Judge Andre Birotte Jr. ruled that VidAngel Inc. has infringed copyrights held by Disney, Warner Bros., and Twentieth Century Fox after failing to get appropriate licensing from them, which resulted in an order that the company stop all editing and streaming of the studios’ films.

Since the ruling, VidAngel has flapped its corporate wings and claimed technical issues in complying with the federal injunction – then flouted it. Who wouldn’t want to zap the sleaze straight out of a flick like Fifty Shades of Gray? But the company is finding that it can be costly to be righteous. Poking Hollywood in the nose and telling a federal court judge that “we’re right and you’re wrong” landed VidAngel in contempt of court. (more…)

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