The Mellor Law Firm, APLC

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Previously We Reported: Intellectual Property … The Devil’s In The “Related Search” Details.

December 7, 2015 by

Intellectual Property

Plaintiff is the manufacturer of high-end military style watches, known as MTM Special Ops watches. Defendant, retailer Amazon.com, does not sell these watches, but when a potential buyer inserts “MTM Special Ops” onto its website, a message will direct the person to related searches of “MTM special ops watch,” and show images of watches manufactured […]

Filed Under: Copyright Law News, Intellectual Property News, Legal News Tagged With: 116 U.S.P.Q.2D (BNA) 1583, 2015 U.S. App. LEXIS 18265, 792 F.3d 1070

“A Strong Spirit Transcends Rules,” Prince.

November 6, 2015 by

fair use law

This is what happened: A young mother placed a 29-second video of her two little children in the kitchen dancing to Let’s Go Crazy by Prince on YouTube. She titled the video “Let’s Go Crazy #1.” During the video, the mother asks her 13-month old “what do you think of the music,” and he bobs […]

Filed Under: Copyright Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 115 U.S.P.Q.2D (BNA) 1965, 17 U.S.C. § 512(f), 43 Media L. Rep. 2305, Copy. L. Rep. (CCH) P30

Copyright Infringement.

October 8, 2015 by

Plaintiff is a stock photography company that serves as a licensing agent for dozens of photographers, authorizing third parties to use copyrighted photographs. Plaintiff brought an action against a textbook publisher it claims exceeded its license by publishing more books than permitted under the license. The trial court ruled that plaintiff, as a licensing agent, […]

Filed Under: Copyright Law News, Legal News, Ninth Circuit Court of Appeal Law News Tagged With: 795 F.3d 997

Big Girls Don’t Cry….They Sue.

May 25, 2015 by Leave a Comment

copyright

In 1988, a lawyer/journalist entered into a written contract to ghostwrite the autobiography of one of the original members of the band Jersey Boys. After the work was completed, but prior to publication, the lawyer/journalist died in 1991. In 1999, the band member executed another agreement, this time granting the exclusive rights to two other […]

Filed Under: Copyright Law News, Legal News, Ninth Circuit Court of Appeal Law News

Copyright Misuse.

April 28, 2015 by Leave a Comment

Copyright

Costco purchased luxury watches from a company in New York who had purchased them from an overseas company who had purchased them from the manufacturer, and sold the watches in its U.S. Costco stores. Omega, the Swiss manufacturer of the luxury watches, sued Costco for copyright infringement, specifically the importation of copyrighted work without the […]

Filed Under: Copyright Law News, Legal News, Ninth Circuit Court of Appeal Law News

Misappropriation Of Likeness: “People Will Stare. Make It Worth Their While.” Harry Winston.

November 21, 2014 by Leave a Comment

misappropriation of likeness

Plaintiff is a company that specializes in the protection of personal image rights, and is the assignee of two models who are not parties to the action. Plaintiff sued defendant for common law and statutory misappropriation of likeness based on defendant’s unauthorized display of the models’ images in connection with advertising cosmetic medical services. The […]

Filed Under: Appellate Law News, Copyright Law News, Damages Law News, Legal News

Copyright Action Over The Film “Raging Bull” Timely Filed.

July 22, 2014 by Leave a Comment

Copyright

In 1980, MGM released and registered a copyright in the film “Raging Bull,” and continues to market the film today. The owner of the screenplay copyrighted in 1963 filed a copyright infringement action against MGM in 2009. A federal district court granted summary judgment to MGM under the doctrine of laches, and the Ninth Circuit affirmed. The […]

Filed Under: Copyright Law News, Legal News, Statute of Limitations Law News, U.S. Supreme Court

Privacy Rights Of Nonparty In Copyright Infringement Action.

July 16, 2014 by Leave a Comment

Copyright

Defendant operates in internet service through which users may upload and retrieve digital music files. Plaintiff brought an action in the New York trial court, alleging defendant infringed on copyrights afforded under New York common law. A nonparty publishes an online newsletter and published an article reporting an artist accused defendant of copyright infringement. Following […]

Filed Under: Appellate Law News, Copyright Law News, First Amendment Law News, Legal News, Privacy Law News, Procedural Law News

Unfair Competition Action Decided By U.S. Supreme Court.

June 6, 2014 by Leave a Comment

Unfair Competition

Plaintiff sells the only style of toner cartridges that work with the company’s laser printers, but ‘remanufacturers’ acquire and refurbish used plaintiff’s cartridges to sell in competition. Thus, plaintiff gives its customers a discount on new cartridges if they agree to return empty cartridges to plaintiff. Each cartridge has a microchip that disables the empty […]

Filed Under: Advertising/Billboard Law News, Copyright Law News, Legal News, U.S. Supreme Court, Unfair Competition Law §17200 News

Ninth Circuit Reversed, Based On Longstanding Copyright Practices.

June 2, 2014 by Leave a Comment

Plaintiff, a stock photography agency, registered large numbers of photographs at a time. Plaintiff licensed a publishing company to use pictures it had registered, and brought an action against the publishing company based on the payment of inadequate fees. The district court dismissed the claims on the ground that the registrations of the photographs with […]

Filed Under: Copyright Law News, Legal News, Ninth Circuit Court of Appeal Law News

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Recent News

Are You Dealing With a Breach of Contract?

May 17, 2022 By Denise Hansen

If you are a business owner, then you know that contracts are an important part of doing business. Contracts set the parameters for a deal and protect both parties involved. Unfortunately, contract disputes can happen. If you think you might be dealing with a breach of contract, … Read More...

5 Things to Look for in a Property Ownership Attorney

May 10, 2022 By Denise Hansen

If you're in the market for a property ownership attorney, it's important to know what to look for. Not all attorneys are created equal, and you'll want to make sure you choose one who is experienced, educated, reputable and responsive.  In this blog post, we will go over five … Read More...

How to Know When You Should File a Wrongful Death Suit

April 8, 2022 By admin

When you’ve lost someone close to you, the last thing you may want to think about is filing a lawsuit. However, in some cases, wrongful death suits can be the best way to get justice for your loved one and ensure that the responsible party is held accountable. What is a … Read More...

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The Mellor Law Firm, APLC
6800 Indiana Avenue, Suite 220
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10.0Mark Albert Mellor

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