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| Seeing Red: Native Americans 2, WA Redskins 1 |
| on Tuesday, October 11, 2005 - 01:02 PM Posted by: ellislaw |
SEEING RED: NATIVE AMERICANS WIN AN APPEAL IN ONGOING EFFORT TO CANCEL WASHINGTON REDSKINS’ TRADEMARK REGISTRATIONS
BY DAVID R. ELLIS, ATTORNEY AT LAW, LARGO, FLORIDA
Both before and during the current football season, we have seen increasing controversy over the propriety of professional and college sports teams using Native American names and symbols for their team nicknames and mascots. Recently, in one of the ongoing disputes that has reached the legal arena, a federal appeals court in Washington, D.C. ruled against the Washington Redskins in a case seeking to cancel the team’s federal trademark registrations as disparaging to Native Americans. Pro-Football, Inc. v. Harjo, No. 03-7162 (D.C. Cir. July 15, 2005). |
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| National Nine Nix Nifty Non-Napster Networks |
| on Tuesday, July 26, 2005 - 12:55 PM Posted by: ellislaw |
THE FILE-SHARING WARS: NATIONAL NINE NIX NIFTY NON-NAPSTER NETWORKS
By David R. Ellis, Attorney at Law
Largo, Florida
In the latest in the online file-swapping wars, the United States Supreme Court has ruled in favor of major movie studios and record companies in their suit against two file-sharing services, Grokster and StreamCast Networks, thus overturning a decision of the Ninth Circuit Court of Appeals. MGM Studios v. Grokster, Ltd., No. 04-480, June 27, 2005, reversing 380 F.3d 1154 (9th Cir. 2004), http://straylight.law.cornell.edu/supct/html/04-480.ZS.html. |
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| Copyright Act Preempts Licensor's State Law Claims |
| on Wednesday, June 22, 2005 - 08:46 AM Posted by: ellislaw |
COURT RULES THAT COPYRIGHT ACT PREEMPTS SOFTWARE LICENSOR'S CONVERSION AND UNJUST ENRICHMENT CLAIMS UNDER STATE LAW
By David R. Ellis, Attorney at Law
Largo, Florida
In May 2005, a federal court in Virginia ruled that a software licensor's conversion and unjust enrichment claims relating to the unauthorized use of copyrighted software were preempted by the U.S. Copyright Act because they contained no “extra element” rendering them “qualitatively different” from a copyright claim. Microstrategy, Inc., v. Netsolve, Inc., No. 05-334 (E. D. Va. May 13, 2005). |
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| State Right Of Publicity Not Preempted By Copyright Act |
| on Friday, June 10, 2005 - 07:09 AM Posted by: ellislaw |
A MODEL OPINION - FEDERAL APPEALS COURT RULES THAT STATE RIGHT OF PUBLICITY IS NOT PREEMPTED BY FEDERAL COPYRIGHT LAW
By David R. Ellis, Attorney at Law
Largo, Florida
In May 2005, a federal appeals court in Illinois reconsidered its own earlier opinion and ruled that the right of publicity under state law is not preempted by the U.S. Copyright Act. Toney v. L’Oreal USA, Inc., No. 03-2184 (7th Cir. May 6, 2005). |
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| Noncommercial Use Of Trademark As Domain Name Legal |
| on Wednesday, June 01, 2005 - 04:35 PM Posted by: ellislaw |
HAIR TODAY, GONE TOMORROW: NONCOMMERCIAL USE OF A TRADEMARK AS A DOMAIN NAME IS NOT INFRINGEMENT UNDER THE U.S. TRADEMARK (LANHAM) ACT
By David R. Ellis, Attorney at Law
Largo, Florida
In April 2005, a federal appeals court in California ruled that the noncommercial use of a trademark as the domain name of an Internet website is not actionable under the U.S. Trademark (Lanham) Act, where the website contained consumer commentary about the products and services represented by the mark. Bosley Medical Institute, Inc. v. Bosley Medical Group, No. 04-55962 (9th Cir. Apr. 4, 2005). The Ninth Circuit Court of Appeals upheld the district court's dismissal of the trademark owner's trademark infringement and dilution claims, concluding that the consumer's use of the mark was not "in connection with the sale of goods or services" and therefore was "noncommercial." |
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