Jonathan Pink — Entertainment, Internet and New Media Partner at Lewis Brisbois, LLP Rotating Header Image

Posts under ‘Intellectual Property’

MGM Takes a Beating

Remembering now that I had wanted to mention to you the Supreme Court’s recent copyright ruling in Petrella v. MGM.
The case is just out last week and quite important. It involved the heir to one of co-writers of the three works giving rise to the film “Raging Bull.” I say three [...]

Zombie Concerts

So I’m thinking of presenting a talk about the copyright/right of publicity interplay. Think the Tupac hologram at Coachella from a few years back, or the more recent Michael Jackson appearance, using similar post-mortem technology.
These appearances are interesting to me because of the interplay between copyright and right of publicity. Consider [...]

A Debt of Gratitude to Southwestern

I received a request through LinkedIn to write a review of my law school, Southwestern. Just wrote/posted it and thought I’d share a copy with you. It is here:
I have a great fondness for, and owe a debt of gratitude to, Southwestern. I also have a unique perspective with respect to the [...]

Are the Copyright Laws Out of Sync with Technology? A Guest Post by Alex “A-Rex” Nguyen

The following is a guest blog written by one of my IP Survey students, Alex “A-Rex” Nguyen. The background on this is Alex had to miss one of our a classes, and asked what he could do as “make up.” I suggested writing a guest blog post on the copyright topic we were [...]

And Now . . . to East Coast for a Look at The Second Circuit’s Approach to the DMCA

Yeah, I know Viacom v. YouTube has been covered before. So go do something else if you’re already hip to all that case had to say. Go on . . . get back to the work you should be doing.
Well, despite the fact that the ruling came out last year, I [...]

A Cool Music Blog

My friend, Ren Hayhurst, writes a cool music blog. I liked it and I think you might, too. Here’s a link: http://rrhmusicfreaks.blogspot.com. Enjoy. JP

One More Comment About UMG Recordings, Inc. v. Shelter Capital Partners

 Yeah, I know a lot has been written about UMG Recordings, Inc. v. Shelter Capital Partners, the Ninth Circuit’s reaffirmation of the “safe harbor” provision found in the Digital Millennium Copyright Act (the “DMCA”). I recognize that I have nothing new to add, but because I had the opportunity to revisited this issue recently, I [...]

And the Band Plays On . . .

Trademarks are a valuable asset to any business, and bands are no exception.
Recently, in a lawsuit that pitted former members of the 1980’s punk band, Black Flag, against one another, U.S. District Court judge Dean Pregerson denied one of the band’s three founders, Greg Ginn, a preliminary injunction against two other co-founders and several other [...]

Finally a Fair Description of Fair Use

Going back to my class, last week we were discussing nominative and classic fair use in trademark law. I was operating on several days of very little sleep (with less to follow), and as a result prattled on like a blithering idiot when seeking to explain these concepts.
Based on this, I promised to formulate an [...]

Back to School!

So — and please try to stifle your laughing here – I’m now teaching a law school class. Let me just say for the record that it is much more difficult than it looks! I have a renewed respect for my prior professors, and all my friends who teach law school. [...]