U.S. Supreme Court Holds Copyright Registration Not a Jurisdictional Prerequisite to Filing Suit

Section 411(a) of the Copyright Act of 1976 (the “Copyright Act”) states, in part, the following: “no civil action for infringement of the copyright in any United States work shall be instituted until preregistration or registration of the copyright claim has been made in accordance with this title.” 17 U.S.C. § 411(a). The term “subject …

DON’T MESS WITH…the Texas Department of Transportation

In a precedential decision issued February 5, 2010, the Trademark Trial and Appeal Board granted a Motion for Summary Judgment filed by the Texas Department of Transportation (TxDOT) in a case pending against an individual, Richard Tucker, related to his registration and pending application for “DON’T MESS WITH TEXAS” for clothing.Texas Department of Transportation v. …

The Kricket Chirpeth No More

The United States District Court for the District of Arizona recently dealt a strong blow to a company for willfully infringing Cricket Communication’s intellectual property rights.  In Cricket Communications, Inc. v. Nazir d/b/a GSM Cellular, Case No. 08-CV-00295, the Court held that the defendant had willfully infringed Cricket’s trademark rights in the Cricket® trademark.  The …

Forget About Summary Judgment For Fraud On The PTO

In Daimlerchrysler Corporation V. American Motors Corporation, Cancellation No. 92045099, the Trademark Trial and Appeal Board denied DaimlerChrysler’s motion for summary judgment on its fraud claim and made it all but impossible for a petitioner to prevail on a fraud claim on summary judgment. DailmlerChrysler alleged that American Motors committed fraud on the Patent and Trademark …

The Recording Industry Prepares for Battle as Artists Seek to Recapture Their Sound Recording Copyrights

After several years of waging an anti-piracy litigation campaign against the unauthorized downloading and file sharing of recorded music, the recording industry may soon find itself playing defense as legal notices served on record labels by recording artists asserting termination of the labels’ sound recording copyrights start to take effect on January 1, 2013. Subject to …

Update: NFL’s claim of “Who Dat” a “significant misunderstanding”

Over the weekend, the NFL sent a letter to Louisiana Senator David Vitter, backing off its claim that the NFL had trademark rights in the phrase “Who Dat” and calling the debacle a “significant misunderstanding.” Their clarification is that the NFL is not claiming “Who Dat,” they’re claiming “Who Dat” when it’s used in conjunction …