EA(Uh Oh): It’s In the Game
Written By Ari Rada
Reviewed By Cynthia Amis
Electronic Arts (EA) is widely considered the leading global entertainment software company, developing software for personal computers, wireless consoles and video gaming systems. Among Electronic Arts’ most popular software include: realistic sports games such as Madden (football), FIFA (soccer), NHL (hockey), NBA Jam (basketball) and NCAA (collegiate sports). Chances are if you’re a male between the ages of 6 and 30 then you are probably a “self-proclaimed expert” with one of the previously aforementioned EA games (and you probably belong to a video game anonymous group to quit your addiction as well). Electronic Arts is one of many video game developers which are part of a now multi-billion dollar industry in the United States alone. When you are sitting at home on a rainy Sunday afternoon and decide to pick up that Xbox controller determined to finally beat Reggie Bush (or is it #25?) and the USC Trojans on expert level, it is doubtful that you are thinking about a potential multi-million dollar lawsuit that is currently being litigated, potentially changing the entertainment gaming industry forever.
What’s Mine is [NOT] Yours
Written By Jennifer Williams
Reviewed By Cynthia Amis
Fashion is a tricky thing to define, mainly because it means something different to everyone. It can mean simply what you wear from point A to point B or it can mean what a person uses to transform and express themselves through the art of clothing and accessories. For Tory Burch it partially means $164 million after winning a lawsuit to protect her fashion designs. In December of 2010, fashion designer Tory Burch filed a cybersquatting lawsuit against countless websites carrying the designers name and trademark. These websites were carrying and selling fake Tory Burch branded products, ranging from ballet flats to handbags and accessories.
To fully understand the lawsuit, it must first be understood what cybersquatting is. Generally defined, cybersquatting is registering, selling, or using a domain name containing a trademark that the registrant does not have the rights to. As the Internet becomes more and more prevalent in our daily lives, it is no surprise that cybersquatting has become more of a problem.
The Secret Eye
Written By Kyu Hee Chu
Reviewed By Cynthia Amis
Technology never ceases to amaze me …and sometimes scare me. Technology has advanced to the point that somebody can spy on you while you’re in the privacy of your own home, without you ever knowing about it. That’s what some people who rented from Aaron’s, Inc. experienced with their laptops and what led the Byrd couple to file a lawsuit against the company.
Imagine having rented and bought a laptop and then one day somebody shows up at your door to take back your laptop because he thinks you forgot to make a payment, and as proof he pulls out a photograph of your husband using the laptop that was taken from the webcam. Creepy? Major invasion of privacy? The Byrd couple apparently thought so.
Terms & Technology: Trademarking “App Store”
Written By Asher Kest
Reviewed By Cynthia Amis
Apple is suing Microsoft over the use of the term “App Store,” insisting that they should own a valid trademark on the term despite its seemingly generic and descriptive meaning. Apple argues that they were the first to use the phrase,[1] and that it is most commonly associated with them. Indeed, generic phrases may be trademarked if applied in an uncommon way. The mark was approved for comment by the patent and trademark office, and Microsoft has since objected to the trademark as a generic and descriptive term, going so far as to hire a linguist[2] to contest Apple’s insistence of the word’s unique value. Of course, Apple already has a linguist on hand to argue that although “App Store” may contain generic words, when put together it becomes a proper noun. Apple has extended their defense of the term, suing Amazon[3] over their use of the similar phrase “appstore.”
Little Red Carpet
Written By Jennifer Williams
Reviewed By Cynthia Amis
These days, it is pretty rare for me to be in awe of a red carpet event. Mainly because it seems like every other day there is an opening, award show, or movie premiere that seems to merit a red carpet. Celebrities walk down the red carpet dressed to impress mainly for the benefit of being photographed as part of this ‘it’ event while looking flawless. So it comes as quite a surprise that Shirley Jones, who stars in the television series The Partridge Family, is suing Corbis Corporation for violating her publicity rights by using ten photographs of her on a red carpet and allowing users to search for her name and view images of her.
How Well Do You Know Your Makeup?
Written By Kyu Hee Chu
Reviewed By Cynthia Amis
How well do you know your makeup? I’m not talking about how well you know how to apply makeup and do cool tricks to make your skin look flawless. I’m talking about how well you know what is actually in your makeup. When we head to the store to stock up on beauty and personal care supplies, how many of us take a moment to look through the ingredients on the side of a shampoo bottle and know what these ingredients actually mean? How many of us ever doubt that a product that we are holding may have potential negative health effects? Well, I will admit that I never worried about the safety of makeup and personal care products when I bought them . . . but I also didn’t know that our cosmetics regulations were so outdated.
Apparently, the law that we have right now to rely on for cosmetics safety hasn’t been updated since 1938. This means that manufacturers of cosmetics and beauty supplies don’t need to disclose all of the ingredients they use and the FDA (Food and Drug Administration) cannot oversee how toxic chemicals are being used in cosmetics,[1] cannot make companies run safety tests on their products, and cannot demand product recalls.[2] (Keep in mind that “cosmetics” as referred to in this blog really encompasses personal care items as well, so it’s not just about makeup!)
Apple Patent Causes a Stir
Written By Jennifer Williams
Reviewed By Cynthia Amis
Apple has been no stranger to the courts recently, as it seems to be suing left and right in order to protect its designs. So it is not surprising that the recent patent that Apple was granted, having to do with webpage scrolling, has created quite a stir. It is not hard to imagine Apple using this patent to sue any and every smart phone developer who they claim is infringing on this patent. Thus the concern is not without merit, as it seems Apple has a team devoted to preventing any copying of its gadgets. However, with a full understanding of the patent that Apple was granted, some of the concern can be relieved.
Does the PROTECT IP Act Actually Protect?
Written By Jennifer Williams
Reviewed By Cynthia Amis
I have heard and often used the saying ‘here one day and gone the next.’ One thing that I have never thought of applying it to is a website. Imagine a world in which one day you type in a URL and go to your favorite website and the next day it has vanished, seemingly into thin air, and all that is left is a blank page. This seems to be the world that the PROTECT IP Act (short for Preventing Real Online Threats to Economic Creativity and Theft of Intellectual Property) will create.
The PROTECT IP Act seeks to deny access and linking to ‘pirate’ websites, which are ‘dedicated to infringing activities.’ (for full text of the PROTECT IP Act see: http://www.dontcensorthenet.com/full-text-of-the-protect-ip-act-of-2011). There seem to be a handful of supporters, largely and not surprisingly from the film and music industry, who believe that the Act will be beneficial to the Internet and its users. Copyright infringement is sure to cost companies in the entertainment industry an unimaginable amount of money, as consumers are often lured into getting the latest music or movie for free if they have the option. What the PROTECT IP Act seeks to do is give the United States Department of Justice the power to seek an injunction against an allegedly infringing website and ultimately make it invisible.
Long Live the Wizard of Oz! (In its original form)
Written By Kyu Hee Chu
Reviewed By Cynthia Amis
A very recent case that may be of interest to filmmakers is Warner Bros. Entertainment, Inc. v. X One X Productions. This case, just decided in the Eighth Circuit, has created quite a buzz.
Here is some background information on the case:
Before Warner Brothers completed their films “Gone with the Wind” and “The Wizard of Oz,” they distributed publicity materials (including movie posters and photographs) containing images of the film characters to theaters, magazines, and newspapers. Publicity material was also distributed before the release of the Tom & Jerry short films. None of the publicity materials were copyrighted, but Warner Brothers do hold the copyright to the films.
The Best Way to Protect Your Work through Copyright Protection
Written By Kyu Hee Chu & Charles Hwang
Reviewed By Cynthia Amis
How can you make sure your work gets the maximum amount of protection it deserves? Well, there are two ways to go about protecting your work – you can register your work with the Writer’s Guild of America (“WGA”) and you can also register your work with the Copyright Office at the Library of Congress. Most people think that they can just register with the WGA, but the truth is that registering with the Library of Congress will give you added protection that you may not get from just registering with the WGA.
