Monthly Archive: February 2011

Softech v. Internet Technology (E.D. Va., Jan. 24, 2011) Softech holds itself out as a ‘premier provider of streaming media software platforms’, while Internet Technology characterizes Softech as ‘a rogue subcontractor who did little, but merely integrated preexisting software creating largely unusable and unused work product’. Both agree that Softech provided seven pieces of software …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/essential-step-defense-applied-preliminary-injunction-denied/

The Nielsen Company, LLC v. Truck Ads, LLC (Jan. 24, 2011) This dispute began as a feud between two trucking companies regarding maps depicting marketing areas. Neilsen sued claiming that the Neilsen maps were protected by copyright as compilations; and, that Truck Ads’ display of those proprietary ads on their website was copyright infringement. Truck …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/copyright-misuse-defense-fails-as-claim-in-declaratory-judgment-case/

Kelley v. Chicago Park District (7th Cir. Feb. 15, 2011) The 7th Circuit has, on two theories, denied copyright protection to the two enormous elliptical flower beds entitled, “Wildflower Works” featuring a variety of native wildflowers and edged with borders of gravel and steel. One theory of the denial is the site-specific art like Wildflower …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/living-garden-is-not-copyrightable/

Fodere v. Lorenzo (Feb. 3, 2011 S.D. Fl.) Defendant, Compacstone, sells marble and quartz for home, particularly kitchen, installation; and hired Plaintiff Fodere to photograph a kitchen featuring defendant’s marble and quartz. Defendant and Plaintiff, both speaking Spanish, negotiated the permissible uses that may be made of the resulting photographs. This oral license was in …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/copyright-license-includes-advertising/

It is astonishing to think that Denny Chin has taken a full turn of the calendar without issuing an opinion. We welcome the opinion when he is ready … and we wish for that ‘ready’ to be sooner rather than later. Some of us wonder if the adage ‘justice delayed is justice denied’ might be …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/the-first-anniversary-of-the-google-book-settlement-fairness-hearing-is-today/

Product placement and co-branding is normative, but here is a co-branding deal that demonstrates how a weekly drama can be synergistic for a “real life” issue driven campaign. The Tuesday night CBS drama, The Good Wife, is known by some audiences as the strong, long suffering, capable, working, lawyer wife show, with moral ambiguity. This …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/legalizing-medical-marijuana-its-in-the-air-and-on-the-airwaves/

(N.D.Ca., Jan. 19, 2011) Adobe sued Tony Kornrumpf of Lookout Mountain, TN, for $140,000. Kornrumpf sold a variety of pirated and education/OEM software through several eBay accounts and the web site “cyberpcs.” pursuant to the Copyright Act. Mr. Kornrumpf defended and counterclaimed that the first sale doctrine was triggered and cited UMG v. Augusto; and …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/copyright-defenses-of-first-sale-and-misuse-fail-as-hail-mary-passes-sometimes-do/

Tecnimed SRL v. Kidz-Med, Inc. (S.D.N.Y., Jan. 18, 2011) Tecnimed is the manufacturer of a non-contact thermometer. Kidz-Med, Inc. had the exclusive right to distribute this non-contact thermometer. The complaint alleges that the defendants are now marketing and selling a competing non-contact thermometer despite the distribution agreement which prohibits the defendants from marketing and selling …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/exclusive-product-thermometer-licensee-makes-judges-temperature-rise-childs-no-contact-thermometer-ordered-recalled-and-enjoined-for-trade-dress-infringement/

Cheffins v. Stewart, (D. Nevada, Jan. 20, 2011) Be careful where you park your drivable sixty foot long Spanish Galleon. That’s the lesson here. La Contessa was the much beloved mobile, interactive replica of the 16th century Spanish Galleon. Beginning in 2003, La Contessa was stored on a ranch with permission of the ranch’s life …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/vara-claim-tossed-out-la-contessa-burning-mans-16th-spanish-galleon-held-to-be-applied-art-not-a-work-of-visual-art/

Agence France Presse v. Morel, (Jan. 14, 2011, S.D.N.Y.) Agence France Press, Turner Broadcasting/CNN, ABC, Getty Images and CBS are suing Daniel Morel after Morel claimed that the news sites stole his images from Twitter immediately after the Haiti earthquake. Twitter’s terms of service granted a license to use content only to Twitter and its …

Continue reading »

Permanent link to this article: http://cobaltlaw.com/cryptic-notation-amounts-to-copyright-management-information-cmi-under-the-dmca/

Older posts «