The 2015 Super Bowl (or Super Bowl XXVZPDQ or something) has generated a legal controversy. No, Seahawks coach Pete Carroll is not being sued for his terrible play calling. Rather, we’ve learned that Katy Perry’s attorneys have sent out a copyright cease and desist letter related to the infamous Left Shark. Does copyright law protect the image of an awkwardly dancing person in a shark costume?
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Keep it Legal Blog
Can the Title of a Single Book be a Trademark?
February 3, 2015
People often ask me how they can protect the name of their individual work, whether it be a book, song, software composition, or anything else. Protecting names can be challenging. Names, titles, and short phrases are not subject to copyright protection. That leaves us with trademark law. Can the name of an individual work be protected as a trademark?
Copyright Question: Can I Play Music on my Podcast?
January 27, 2015
After percolating for a decade or so, podcasts have grown wildly in popularity as a communication medium. This is a result of a confluence of factors, not the least of which is the emergence of a certain story about a murder in Baltimore. We are now living in a post-Serial world. And just like with any other form of media, there’s some confusion and lack of information about the rules of the road. All of which brings me to the copyright question at hand: can I play pre-recorded music on my podcast?
Re/Max Trademark Conflicts with Dutch Flag?
January 20, 2015
A few years ago, Re/Max, the real estate brokerage company, sued a competitor in the real estate market. The conflict focused on the alleged similarity of M.L. Jones & Associates’ yard signs and Re/Max’s famous red, white, and blue logo. Re/Max has been using the logo in at least one format since 1974, and has several longstanding US trademark registrations. Assuming the marks are similar, this is an open-and-shut case for Re/Max, right? A U.S. District Court judge in North Carolina came to a different, possibly logical but certainly vexillogical, conclusion.
