Recently, I was watching a hockey game on TV with some friends. During the breaks in the action, the old familiar Jock Jams were playing on the arena’s speakers. One of the folks in the room asked whether they have to pay to use those recordings. Yes, they do: it’s a public performance, subject to the restrictions found in the Copyright Act. The same applies to other public venues, such as restaurants and bars. Naturally, the restaurant owners aren’t out there asking the Beatles for their OK to play “Hey Jude” during dinner service. Instead, the rights are administered by…
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Keep it Legal Blog
Trademark Dispute: Mormon Church v. Dating Site
June 10, 2014
Who owns the right to use the words “Christian,” “Jewish,” or “Muslim” in connection with product or services? Nobody. But the right to use the word “Mormon” is in dispute. The intellectual property arm of the Church of Jesus Christ of Latter-Day Saints has attempted to prevent the owner of the dating website Mormon Match from using that brand name and registering it with the US Patent & Trademark Office (USPTO).
Trademark Abandonment: Android v. Android
June 3, 2014
How long do trademarks last? They can last forever, in theory. Bass beer’s distinctive red triangle label was the UK’s first registered trademark back in 1876. It is UK trademark registration Number 00000000001. However, trademark rights disappear if they’re not in continuous use. Use it or lose it. Loss of rights in a trademark is referred to as “abandonment.” I’ve written about trademark abandonment before, but a recent high-profile case involving Google’s Android mark has brought the issue to the public’s attention yet again.
Kickstarter Game Lawsuit: Magic vs. Hex
May 28, 2014
Kickstarter has become a great way for game designers to get their products made. In terms of total dollars raised, games are Kickstarter’s most successful category (Kickstarter is nice enough to make some interesting stats available here.) Game designers can now appeal directly to fans and give them what they want. And often, what fans want is something kind of like what they already enjoy. That’s how intellectual property lawsuits are born, folks. In the latest example, Wizards of the Coast (publishers of Magic: The Gathering and Dungeons & Dragons) have filed suit against Cryptozoic Entertainment and Hex Entertainment for…
