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April 2019 Archives

The Brand Is the Band

These days artists and bands, old and new, can make good money licensing their music to ads, movies, and video games. But the real cash cow is touring and playing live. This is particularly the case for older bands whose fans are used to spending money on music and have the money to do so. This has led to the phenomena where bands reunite to play shows and make more money than they did in their heyday.

Coffee growers seek to protect the Kona name

The laidback lifestyle in Hawaii makes it a wonderful place to visit. However, like other unique places on the planet, local residents and business take great care in protecting what makes the place special, especially when they see non-natives using the culture or names for financial gain. Hawaiians have moved to take action against a Hawaiian beer brewed on the mainland, a Chicago-based poke chain with the trademarked name of “Aloha,” and Hawaiian potato chips made on the mainland.

Allegation of infringement pattern defeats motion to dismiss

On January 4, a federal judge in the U.S. District Court in the Northern District of California refused to dismiss claims of copyright infringement because he found that the plaintiff photographer had sufficiently alleged a pattern of copyright infringement. The opinion illustrates the kinds of allegations of copyright infringement a court will credit with enough weight to survive a motion to dismiss for failure to state a claim.

NCAA puts full-court press on unauthorized use of Final Four trademarks

If you’re planning a Final Four viewing party, you may want to refer to the event on your invitations as the “College Hoops Basketball Championship” or something even more generic, lest you have lawyers from the NCAA knocking on your door threatening to sue for trademark infringement.

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