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Skechers Photo Copyright Case


Skechers Photo Copyright Case When a photo is modified for use in an advertisement, who owns the copyright on the final product? A recent case involving the shoe company Skechers illustrates the value of making sure all contractual provisions are carefully thought out before the advertisement is produced.

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Wendy’s Frosty Lawsuit


Wendy’s Frosty Lawsuit Wendy’s has kicked off the Summer frozen treat season by suing a competitor for knocking off its famous “Frosty” trademark and trade dress. United Dairy Products, makers of Homemade brand ice cream, have allegedly been selling “Frosty” and “Frosty Malts” in packaging strongly reminiscent of Wendy’s familiar yellow-and-red cups since 2005. Does Wendy’s have a case against their sweet, frozen competitor?

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Happy Birthday, You’ve Been Sued


Happy Birthday, You’ve Been Sued I’ve found that it often comes as a surprise that somebody owns the rights to the “Happy Birthday” song (its complete name is “Happy Birthday To You.”) The fact that a part of our common cultural heritage – and an element of countless fond memories – is a piece of intellectual property that is under the control of a multinational corporation, Warner/Chappell, the publishing arm of the Warner Music Group, can seem like one of the more absurd twists of IP law. Nonetheless, Warner claims to own the rights, and it generates annual licensing fees…

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Coach v. Flea Market


Coach v. Flea Market Last weekend, my wife and I joined some friends for our first trip to the Rose Bowl Flea Market – with 2,500 vendors, it’s billed as “the world’s most unusual flea market” and “the shopping place of the stars.” While everything I saw looked authentic, I was on the lookout for knockoff goods because flea markets have made some legal news lately. On May 31, the 6th Circuit Court of Appeals ruled on whether a flea market owner can be liable for contributory trademark infringement in the case of Coach Inc. v. Goodfellow.

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