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

Posts under ‘Intellectual Property’

Pre-Filing Investigation of Copyright Claims Protects the Clients and their Counsel

All too frequently, I encounter plaintiffs whose claims never should have been filed, would never have been filed, if they or their counsel had conducted an adequate pre-filing investigation of the merits of their claim.
Even worse, and particularly untenable, are those who continue to maintain their claim once the material defect that an [...]

SOPA on a Rope-A

I recently had a very pleasant conversation about the death of the Stop Online Piracy Act (SOPA). On the other side of the table (quite literally) was a record company exec: a charming and intelligent man with whom it was great fun to converse.
SOPA (and its sister, PIPA), faced some stiff opposition [...]

Lights, Camera, Louis Vuitton!

This has already garnered a fair amount of press, but it’s funny and interesting, and those are generally my two criteria for writing about something.
Here’s the scoop: luxury designer Louis Vuitton (forget about the fact that it’s owned by a larger holding company, I’m just referring to Vuitton in this post) sued Warner Bros. alleging [...]

Face Book of Sex — Yes, That’s Really What it Was Called

A friend of mine recently told me, “If you’re going to practice intellectual property, sooner or later you’re going come across something that touches on the porn industry.”
Which brings me to a case settled this week between Facebook and the “Face Book of Sex” (Facebook Inc. v. Various Inc., case number 4:11-cv-01805, N.D. CA). [...]

Bon Victoire for Bon Jovi

Just back from the Grammys. 
The televised portion of the show is fine, but the real spirit of the place is found in the Grammy Week lead-up events, and the pre-telecast portion of the awards.  That’s where the music industry really comes together to honor its own in an intimate and heartfelt ceremony.
Two fashion notes: guys, [...]

More About Prince v. Cariou

Quick follow-up on a case I wrote about last week: Prince et al. v. Cariou, case number 11-1197.
That’s the case involving appropriation artist Richard Prince whose work involves creating collages and paintings using other people’s photographs.
Now two photography industry trade groups (the American Society of Media Photographers Inc. and The Picture Archive Council of America [...]

Art as Sport . . . or Sport as Art

If I were to say “college football,” chances are your thoughts would not go to studio art. Likewise — and I’m just guessing here — if I were to say “oil painting,” chances are your thoughts would not go immediately to professional golfing.
After you’ve stopped comparing me to the Amazing Kreskin, I’ll continue. [...]

Copyright Protection in Yoga Exercises? Not Likely

I remember when I first heard of Bikram Yoga, the rigidly prescribed sequence of twenty-six postures set to a balmy 105 degrees and 40% humidity:
It was New Year’s day some years ago and we were walking with friends — and kids in strollers — around Balboa Island in Newport Beach. A woman in our group [...]

Copyright Infringement on the Campaign Trail

It’s not just the “very poor” who are ticked off at Mitt Romney these days. NBC has got a beef with him as well.
Mitt’s got a TV ad out in which he uses a clip from NBC’s Nightly News, circa 1997. The clip shows Tom Brokaw reporting that Newt Gingrich was found guilty of various [...]

When is a Book Not a Book?

Interesting new dispute brewing . . . and this on the heels of the CCIA report (see post of 1/30/2012) no less.
The CCIA report talks about the general health of the global entertainment industry. In a nutshell, it says that revenue generated from, and the production of, movies, books and music is far greater than prior [...]