Intellectual Property

Recent Posts

Ninth Circuit finds publicity claim preempted by Copyright Act and grants infringement standing to performer as company’s sole employee: Jules Jordan v. 144942 Canada Inc. (Aug. 16, 2010)
Posted on 18 Aug 2010 by Copyright & Trademark Law Community Staff

Gasper, an adult movie actor, was the president and sole shareholder of Jules Jordan Video (JJV), the creator of the videos in which Gasper appeared. Gasper and JJV filed a copyright action against defendants, alleging that they had copied and sold... Read More

Keller and Heckman LLP: FDCA and FDA REGS Preempt Lanham Act; Cal. Ad Law Clarified
Posted on 21 May 2012 by Keller and Heckman LLP

The Ninth Circuit today [May 17] issued its long-awaited opinion in Pom Wonderful LLC v. The Coca Cola Co [ enhanced version available to lexis.com subscribers ].* BACKGROUND Pom marketed a pomegranate-blueberry juice blend. Coca Cola marketed a... Read More

“Extra Element” Victory on State Law Claims for White House/Black Market and Chico’s - FREE DOWNLOAD: Opinion - White House/Black Market, et al. v. Cache INC., et al.
Posted on 11 Aug 2010 by Martha Nimmer

On July 27th, Judge Paul G. Gardephe of the Southern District of New York granted White House/Black Market, Inc.'s motion to remand its suit against Cache, Inc., Rabia Farhang and Christine Broad [also referred to as Christine Board] to the New... Read More

New York Court Rejects Paramount’s Preemption Argument in “The Godfather” Copyright Case
Posted on 5 Oct 2012 by Travis Burchart

The Southern District of New York recently refused to dismiss a breach of contract counterclaim asserted by the Estate of Mario Puzo against Paramount Pictures. Paramount Pictures Corp. v. Puzo, 2012 U.S. Dist. LEXIS 139827 (S.D.N.Y. Sept. 26, 2012... Read More

9th Circuit Rejects Copyright Preemption of California Breach of Implied Contract/Breach of Confidence Claims; Reaffirms State Law Protections for Writers Submitting Material to Producers
Posted on 13 Jun 2011 by Travis Burchart

Recently, the Ninth Circuit upheld breach of implied contract (a/k/a a Desny claim) and breach of confidence claims that were filed by plaintiffs, who had unsuccessfully pitched a ghost tracking series to defendant NBC. NBC, despite passing on plaintiffs'... Read More

Certiorari Sought after Ninth Circuit Rejects Copyright Preemption of California Breach of Implied Contract/Breach of Confidence Claims
Posted on 2 Sep 2011 by Travis Burchart

In May, the Ninth Circuit upheld breach of implied contract (a/k/a a Desny claim) and breach of confidence claims filed by plaintiffs, who had unsuccessfully pitched a ghost tracking series to defendant NBC. NBC, despite passing on plaintiffs'... Read More

Ninth Circuit finds publicity claim preempted by Copyright Act and grants infringement standing to performer as company’s sole employee: Jules Jordan v. 144942 Canada Inc. (Aug. 16, 2010)
Posted on 18 Aug 2010 by Copyright & Trademark Law Community Staff

Gasper, an adult movie actor, was the president and sole shareholder of Jules Jordan Video (JJV), the creator of the videos in which Gasper appeared. Gasper and JJV filed a copyright action against defendants, alleging that they had copied and sold... Read More

9th Circuit Rejects Copyright Preemption of California Breach of Implied Contract/Breach of Confidence Claims; Reaffirms State Law Protections for Writers Submitting Material to Producers
Posted on 13 Jun 2011 by Travis Burchart

Recently, the Ninth Circuit upheld breach of implied contract (a/k/a a Desny claim) and breach of confidence claims that were filed by plaintiffs, who had unsuccessfully pitched a ghost tracking series to defendant NBC. NBC, despite passing on plaintiffs'... Read More