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

Posts under ‘Intellectual Property’

The Sky . . . Isn’t Falling?

Well this is interesting, even if some may not want to hear it.
The Computer & Communications Industry Association released a study today entitled “The Sky is Rising,” in which it states that, economically speaking, the entertainment industry grew by 50 percent over the past decade and that consumer spending on entertainment also increased.
I for one [...]

The Artist Known as Prince . . . Richard Prince

Richard Prince is an artist. At least according to some people. Others have less flattering terms for what he does.
Prince is principally a painter and a photographer. He may be best known for his technique of “appropriating” photographs which he then “rephotographs” to create his works.
One example of this is his work involving photographs from [...]

Batmobile Lawsuit Hits Car Marker – Kapow!

Haven’t written in a while despite some really important rulings on, e.g. finding of personal jurisdiction based on social network activity, but the following has something that even those weighty and intellectually stimulating topics don’t have: Batman.
Cue Batman music. Ok, it was annoying enough then, kill the music (insert sound of needle scraping [...]

36th Annual Intellectual Property Institute

Ok, I usually don’t shill for anybody, but this is a worthy event and, if you’re wasting time reading my blog (and yes, George, I know you are), then you might as well know about a really good source of IP information. Namely, the 36th Annual Intellectual Property Institute.
This year the festivities will be held [...]

More, Yes More, On Rule 68

For no good reason, I’m adding still more information for you on Federal Rule of Civil Procedure, Rule 68. Why? What, you’ve got something better to read? The New Yorker perhaps. Relax this will only take a minute. Besides, I mention it because it recently came up (again), and it’s [...]

Trademarks and the Internet — In Search of the Senior User

Does the use of a common law trademake on the Internet convey senior territorial rights to the mark holder throughout the U.S.?
No. Although the Internet is global in scope, the use of a trademark on a website that can theoretically be accessed anywhere in the U.S. (and indeed the rest of the [...]

Turns Out I was Wrong — Attorneys Fees and Rule 68

After all this time . . . I had thought that FRCP Rule 68 was an excellent tool to hammer the plaintiff, even where the copyright defendant had in fact copied. This is because an argument exists that the recoverable “costs” under Rule 68 include attorneys fees. Thus, by making a Rule 68 [...]

eBay Gets a Price Reduction

Ceux qui me connaissent savent que j’aime n’importe quoi français. En effet, mon hantise pour le pays et la culture est si ridicule que j’ai décidé d’écrire ce “post” en français. Vous pouvez me remercier maintenant.
Comme vous vous rappelez, il y a deux ans de Louis Vuitton Moet Hennessy a obtenu une victoire [...]

Ansel Adams and the First Sale Doctrine

Eric Goldman (, whom I respect a great deal, suggested I consider whether the “first sale” doctrine would apply to Ansel Adams’ alleged long lost negatives dispute. (See post of 8/27/2010 — I now have, and don’t believe it does.
While trademark law prohibits some uses of another’s trademark, that prohibition is not unlimited. [...]

Ansel Adams or Not? The Story of a Trademark Dispute

Yes, it’s been a while since I’ve written. Yes, when I extol the virtues of a blog, I always say write often. I’ll save the excuses. (OK, fine; twist my arm: in a nutshell, I became despondent when I took a friend’s offer to jazz up my site and saw my ranking plummet, plummet! From [...]