Recent Posts by Michael Thomas

Update on Recent Film Copyright Infringement Cases

Two recent film cases related to copyright law have relevant lessons for film producers and distributors. Both decisions were reached on motions to dismiss, with one court affirming dismissal and the other denying. The subtext in the first case is the need to have all rights properly cleared, and to obtain errors and omissions insurance,…
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Trademark Infringement Case Demonstrates Need for Licensing Agreements

A recent trademark infringement case highlights the need for small businesses that are manufacturers to have iron-clad trademark licensing agreements with their distributors. Similar to situations involving copyright ownership in the work product of graphic designers hired to create websites or logos, you cannot assume that you, as a manufacturer, own the trademarks associated with…
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Celebrity Attracts Wrong Kind of Attention with Copyright Infringement

Khloe Kardashian has been hit with a copyright infringement suit for posting a photo of herself taken by an international celebrity photo agency named Xposure Photos UK LTD. After review of the complaint, the case has a few notable issues worth addressing. First, some might be asking (and no doubt Ms. Kardashian must have been…
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2-4-6-8! SCOTUS Finds Copyright In Cheerleading Uniform Designs

The Supreme Court recently weighed in on one of the more esoteric areas of copyright law in the Star Athletica v. Varsity Brands case. At issue was whether designs on cheerleading uniforms were copyrightable subject matter. The decision, which affirmed the 6th Circuit’s overruling of the district court’s denial of protection in the designs, brings…
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