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

Posts Tagged ‘Irvine and Orange County’

Fishing for Trademark Infringement; Design Patent Gets the Hammer

Look at this: two in one day.  Yes, two posts.  Count ‘em, one-two.  Ok, so it’s hardly the New York Times, but then again, I do have a day job.
And in keeping with two, just two quick notes (in case I never get around to writing the full story on these) on two cases:
The first, [...]

California Courts Should Follow the Ninth Circuit When Taking Judicial Notice

A dichotomy exists between California state procedural law and Ninth Circuit case law with respect when a court may take judicial notice of a document in connection with ruling on a motion to strike or demurrer/motion to dismiss. As discussed below, the rule adopted by the California state courts can lead to an injustice that [...]

Trade Secrets — When Civil Liability Becomes Criminal

In Federal Court in California yesterday, a former Boeing engineer was sentenced under to 188 months in prison for having disclosed certain Boeing-owned trade secrets to China.
It’s never good to disclose another parties’ trade secrets, but when that other party is doing work for the U.S. government, it’s an ever worse idea. While many people [...]

J.D. Salinger is Dead and the Studios are Salavating Over His Copyrights

J.D. Salinger is dead. Sorry to break this to you. I loved “Catcher in the Rye”, but he’s gone and — well, on to business.
So what happens to the copyright in this book, and other JDS works now that he’s gone (and what are the chances that a studio exec makes his mark by getting [...]

Fair Use, News Reporting and Copyright Infringement…Will Fox News Be Outfoxed?

What is fair use in a copyright context? This is rarely an easy question to answer, but a recently filed case will again tackle this enigmatic doctrine.
In F. Mark Schaffel Productions, LLC v. Fox News (CV 10-00117SJO), the plaintiff sued over use of certain interviews plaintiff conducted with Debbie Rowe, the ex-wife of the late [...]

The Right of Publicity and Dead People… A Happy Birthday to Elvis

I write this on the eve of what would have been Elvis Presley’s 75th birthday.
Frankly, I could care less. I’m about as far from a fan as I am from Memphis, Tennessee.
So why mention it? Because the King’s estate continues to command a king’s ransom by zealously protecting and exploiting its IP rights. These include [...]