Recent Posts by Michael Thomas

Skills to Pay the Bills: Beasties Win Attorneys’ Fees in Copyright Case

The Beastie Boys won their motion for attorneys' fees based on their successful copyright infringement case against Monster Energy. However, the award was reduced, and they did not recover attorneys' fees under the Lanham Act for their successful trademark infringement case against Monster. While acknowledging that an award was "consistent with, and would further, the…
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FTC Tackles First Kickstarter Case, Settles Crowdfunding Action

The first case brought by the FTC involving crowdfunding reached a conclusion June 11th with a settlement. The defendant Eric Chevalier raised over $122,000 via Kickstarter to ostensibly produce a board game but instead used most of the funds for personal expenses. The FTC’s complaint charged that the defendant “participated in deceptive acts or practices in…
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Court Rejects Joint Authorship Argument in Overturning Previous Garcia Ruling

The Ninth Circuit overturned a controversial ruling from one of its own panels in a case involving the 2012 short film Innocence of Muslims. The en banc panel dissolved the earlier three-judge panel’s amended takedown injunction. Central to the court’s opinion was the issue of whether the contribution of Garcia, an actor in the film, qualified…
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Live Tweeting from 9th Circuit Oral Arguments in Bikram Yoga Case

I will be in the Ninth Circuit's Pasadena, CA courthouse (Courtroom 1) this Friday morning to live tweet from the oral arguments in Bikram's Yoga College of India v. Evolation Yoga LLC. There are three other cases on the docket and the day's arguments start at 9:30. The clerk has informed me that although the Bikram…
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