Showing posts with label IP Minor Cases. Show all posts
Showing posts with label IP Minor Cases. Show all posts

January 11, 2014

Curtin v. Star Editorial Inc. (1998)

Overview: In this case, plaintiff, James Curtin is suing Star Magazine for copyright infringement, breach of contract, and unjust enrichment over Star Magazine's use of photographs from Mr. Curtin's book, "Elvis and the Stars."

In the complaint, Curtin acknowledges that only one of his photographs was actually copied (though cropped) and the other photographs were merely similar to those in his book.

The defendant, on the other hand, moves to have the case dismissed in accordance with Rule 12(b)(6) of the Federal Rules of Civil Procedure.

The court's rulings are divided, sometimes in favor of the plaintiff and sometimes in favor of the defendant. The rulings also include some amusing Elvis-related humor!

November 21, 2013

Broadcast Music, Inc. v. Aartie Restaurant Management, Inc. (1993)

The old Federal Courthouse, Tampa
Overview: Plaintiff songwriters and music publishers sue for copyright infringement by unlicensed public performance of copyrighted material in defendant's restaurant.

Elvis Presley Music is a co-plaintiff in this case.

The court also discusses summary judgment issues.

November 06, 2013

Not Your Average Backyard Variety Swing v. Elvis Presley Enterprises (2009) (NZ Case)

The Elvis Cutaway
Overview: In this New Zealand case, Elvis Presley Enterprises is attempting to prevent registration of the trademark "Elvis Cutaway" by a New Zealand company, Shotover Canyon Swing.

Shotover is a company that offers cliff jumping experiences and the Elvis Cutaway is a particular jump style, described as "The king of all head rushes." (See http://www.canyonswing.co.nz/ and use the jumpstyles arrows to find The Elvis Cutaway.)

The Intellectual Property Office of New Zealand ruled against Elvis Presley Enterprises and allowed the trademark to be registered.

You have to ask yourself, why would Elvis Presley Enterprises be so concerned with challenging this trademark, in New Zealand, against a cliff jumping experience company? Don't they have better things to do with Elvis' legacy?

October 27, 2013

Valjo Music Publishing Corp. v. Elvis Presley Music (1957)

Johnny Otis
Overview: In this case, concerning the well-known Elvis song, Hound Dog, band leader Johnny Otis claims rights to 1/3 of the royalties as co-author of the song (in addition to Jerry Leiber and Mike Stoller) after Elvis' version proved so popular.

Even though Otis was entitled to 1/3 of the royalties from Willie Mae "Big Mama" Thornton's version, the court refused Otis' claim for royalties on the basis of co-authorship.

For further information see the related articles on The Discography and Wikipedia.

October 18, 2013

Hoste v. Radio Corp. of America (1981)

This case features Vernon Presley, Executor of Elvis' Estate, as co-defendant.

Overview: Hoste, songwriter, seeks damages for copyright infringement, claiming Elvis performed a song almost identical to one that she wrote. Case deals with issues of summary judgment, statute of limitations, and laches defense.