Monthly Archives: February 2016

Texas Film Commission Permitted to Slice and Dice Financial Incentives to Machete Films

MacheteIt’s been a disappointing few months for Machete, Danny Trejo’s “Mexploitation” character created by Robert Rodriguez.  After making powerful enemies in Mexico, former Federale Machete found himself a day laborer and vigilante in Texas. His adventures allowed him to exact some bloody satisfaction against fictional corrupt Texas lawmen and politicians, but he is having decidedly less success against the real-world Texas government. … More

Celebrity Trademark Watch: Gift Bag Promoter Not Likely to Thank the Academy for Oscars Trademark Lawsuit

iStock_000035858970_SmallCelebrated film actors have it tough.  After all, only two men and two women can take home a “Best” or “Best Supporting” acting Oscar each year.  The lucky winners of 2016 will be announced this coming Sunday, February 28, during the 88th awards ceremony presented by the Academy of Motion Picture Arts and Sciences, commonly referred to as the Academy.  The Academy Awards are the culmination of a jam-packed film awards season that includes the Golden Globes,… More

Justice Scalia on Trademark and Copyright: Dastar, Penguin-Shaped Cocktail Shakers and “Guilt by Resemblance”

ScaliaWhen we decided to mark the passing of Justice Antonin Scalia by recounting a few of his copyright and trademark opinions, we were somewhat surprised to discover that there really hadn’t been that many. In fact, we located only seven matters in which Justice Scalia contributed a written opinion on a substantive issue of trademark or copyright law, and only four were majority opinions. Here they are,… More

Why President Lincoln Put the Civil War on Hold to Extend Copyright Protection to Photographs

1lWe’ve taken advantage of past Presidents Days to recount George Washington’s role in the history of U.S. Copyright law, specifically the birth of fair use. That role was not insubstantial, but it was posthumous and, therefore, unwitting. By contrast, Abraham Lincoln’s contribution to copyright law was likely quite intentional.

On March 3, 1865, President Lincoln signed into law “An Act to Amend Several Acts Respecting Copyright,” the galley of which contained the subheading: “Photographs … may be copyrighted.” This was the first U.S.… More

Sue-per Bowl Shuffle II: The Year in NFL-Related Intellectual Property Litigation

SBS

Around this time last year, I started worrying about what would happen if someone at a Super Bowl party asked me to explain an NFL-related lawsuit, particularly one of those IP-ish lawsuits that I’m supposed to know about. So I put together the first Sue-per Bowl Shuffle, a guide to the year’s gridiron disputes over trademarks, copyright, the right of publicity and other matters with a First Amendment flavor.… More