This Is Copyright Infringement

Allegations have surfaced suggesting Donald Glover, whose stage name is Childish Gambino, plagiarized his single “This Is America” based on rapper Jase Harley’s 2016 song, “American Pharaoh.” The controversy began after Jamie Foxx brought Glover on stage at the BET Awards for high praise and an impromptu performance of the hit single. Reddit users took to the internet in noting the similarities shared with the prior song. To prove copyright infringement, Jase Harley would need to demonstrate that the two songs are in fact “substantially similar” and that Glover reasonably had access to the song. Substantial similarity is not analyzed as to singular musical elements in isolation but rather, it must apply to the melody, rhythm, and lyrical content of the pieces. Common elements between the two songs include voice modulation by both rappers, similar flow and intonation, and alternating between soulful melodies and a bass-boosted chorus. Moreover, the general message of both addresses the plight of the black American.  If Harley chooses to pursue this claim, he must also prove valid copyright ownership in the allegedly copied elements, that is, that the elements were original to Harley and not found in other pre-dating works. In turn, Childish Gambino would need to show “This Is America” was created without influence by or access to Harley’s song. In a recent social media post, Harley intimated his lack of intent to pursue legal action against Glover. Instead, he posted that he is “extremely humbled” to have inspired the song. For now, the case remains in the court of public opinion. #omnilegalgroup #copyright #childishgambino

U.S. Patent No. 10,000,000

Two hundred twenty-eight years after the first patent was issued for a process of making potash (an ingredient used in fertilizer), the ten millionth patent has officially issued. Yesterday, U.S. Patent No. 10,000,000 issued for “Coherent Ladar Using Intra-Pixel Quadrature Detection.” The disclosure describes a method of bouncing lasers off of targets to figure out their range and velocity, which could be used in the development of self-driving vehicles. The method was invented by Joseph Marron but the patent is owned by his employer, Raytheon Company. Since being awarded its first patent in 1991, Raytheon has been awarded more than twenty patents. President Donald Trump will sign the ten millionth patent in a ceremony at the White House. This is especially commemorative because, in 1976, in honor of the U.S. bicentennial, President Gerald Ford was the last president to sign a patent as this practice stopped after John Quincy Adams. Additionally, Patent No. 10,000,000 will be the first to receive a new patent cover design, constituting the second patent cover change in the last century. #omnilegalgroup #patents #10millionpatents #raytheon

Louboutin Claims European Victory Over Red-Sole Trademark

Christian Louboutin recently claimed victory in a years long lawsuit against a Dutch retailer for selling high-heeled women’s shoes bearing red soles. In 2012, Louboutin sued Van Haren, the Dutch company, which operates affordable footwear outlets, in a court in The Netherlands. A few years prior, in 2010, Louboutin obtained registrations for its iconic red soles in the region. Nonetheless, Van Haren argued the luxury brand’s trademark invalidly combined color and shape, that is, the particular red shade as applied to the sole of a pump. Under EU trademark law, common shapes, such as shoes, are not protected. Judges at the Court of Justice of the European Union found that the mark does not relate to a specific shape of sole for high-heeled shoes. Moreover, the court agreed with Louboutin’s position that a specific shade of red on the soles of its shoes qualifies as a distinct and recognizable characteristic of the brand. This decision falls in the midst of mixed rulings the French design house has experienced internationally. Since its inception in 1991, Louboutin has been successful in the US, China, Australia, Russia and other regions in asserting and protecting its trademark rights. Indeed, as recently as December, the fashion house was awarded damages and a permanent injunction against two shoe dealers in India who were infringing its mark. Conversely, last year, a Swiss court found against the luxury label on a final appeal, holding that the red soles are merely an aesthetic element. However, the current ruling confirms Louboutin’s registration of the trademark for all of Europe. #omnilegalgroup #trademark #louboutin

Did you know?

For 90 years, ranging from 1790 to 1880, the government required every patent application to be accompanied by a working scale model of the invention, which could be no larger than 12 inches on each side. This practice terminated after the Patent Office ran out of space to store all of the models. The Rothschild Petersen Patent Model museum in New York maintains the largest private collection of patent models, housing over 4,000. Currently, applicants are neither required nor generally permitted to submit any type of working model unless the Patent Office deems it necessary for proper examination. Once returned to the applicant, the model or exhibit must be retained for the enforceable life of any patent resulting from the application.

District Court Denies TRO Against Allegedly Infringing Use of Tagline

The creators behind a raunchy comedy featuring Melissa McCarthy and cast of puppets are being sued by the educational nonprofit organization behind “Sesame Street.” McCarthy portrays a police officer who teams up with a new puppet partner to solve “the brutal murders of the former cast of a beloved classic puppet television show.” Sesame Workshop, the nonprofit, claimed the new film, titled “The Happytime Murders” through its creators, STX Productions, wrongfully misappropriates the “Sesame Street” trademark, trusted brand, and goodwill for promotional purposes. The complaint further alleges that defendants do not own or have any right to the “Sesame Street” mark and that the trailer deliberately confuses consumers into mistakenly believing that Sesame Workshop is in some way associated with or has endorsed the R-rated film. In particular, the nonprofit organization took issue with the film’s tagline “No Sesame. All Street.”

For these reasons, Sesame Workshop sought a temporary restraining order barring STX Productions from continuing to use the tagline but such order was denied. The movie, to be released on August 17^th, is directed by Brian Henson, son of now-deceased Jim Henson, who helped develop the iconic “Sesame Street” characters prior to creating “The Muppet Show.” After the court’s ruling, a representative from STX publicly stated the company’s satisfaction with the ruling, claiming it reinforced STX’s intention in honoring the heritage of The Jim Henson Company’s creations while clearly distinguishing those characters and the new world Brian Henson and STX has envisioned.

Ivanka Trump Fashion Brand Issued 13 Trademarks in China

Ivanka Trump’s fashion brand was issued thirteen new trademarks in China within the last three months, seven of which issued in May alone. Further, the company was granted provisional approval for eight more applications, which will be finalized if no objections are brought within a three month period. These filings apply to items the brand currently sells as well as others that it seeks to prevent third parties from selling under the its brand. Indeed, the trademarks have been registered for coffins, baby blankets, bamboo craft, perfume, makeup, bowls, mirrors, furniture, coffee, chocolate, honey, and other goods and services. Registration of one’s intellectual property garners a number of benefits. Of particular importance in regions where trademark infringement is prevalent is preventing copycats from trading off the goodwill of one’s brand. Critics have disapproved of these registrations, claiming the timing raises suspicions about potential ethical violations. In particular, commentators are concerned that the first daughter is receiving special treatment for her brand from a foreign government. However, Ivanka Trump has previously withdrawn from management of her company and placed its assets in a trust. Moreover, the Ivanka Trump brand rigorously files and defends its international trademarks during the normal course of its business, especially in regions known for excessive infringement. #omnilegalgroup #trademark #ivankatrump

Lisa Frank Settles Copyright Infringement Suit Over Vibrantly Colored Designs

Lisa Frank, Inc. recently settled a copyright infringement lawsuit against a Canadian company, Orb Factory. The Tucson-based company filed suit in 2015 in the U.S. District Court in Arizona alleging Orb Factory copied its protected images on its packaging. Lisa Frank’s vibrantly colored school supplies, stationary, and other unique items were known and loved by every little girl in the 1980’s and 1990’s and feature designs of unicorns, tigers, and other fanciful creatures. In its complaint, Lisa Frank cited the fact that its brand attained iconic status as a result of the “unique look and quality” of its product line. Since its inception in 1979, the company has generated over $1 billion in sales. A copyright exists as soon as an original, creative work is fixed in a tangible medium of expression. While copyrights need not be registered with the U.S. Copyright Office to be protected, Lisa Frank has in fact been issued over 400 certificates of registration for its collection of graphics and designs used on or with its products. Lisa Frank contended that Orb Factory’s “sticky mosaics” and other products were “substantially and confusingly similar” to its own products. On the fifth day of the civil jury trial, Lisa Frank and Orb Factor entered into a confidential settlement agreement effectively terminating the dispute. #omnilegalgroup #copyright #lisafrank

Music Modernization Act Expected to Reform Music Licensing

The new Music Modernization Act combines provisions of four separate legislative initiatives into a single bill that is expected to reform the music licensing system. In particular, the Act proposes to create the Mechanical Licensing Collective (MLC), an independent not-for-profit organization selected by the Copyright Office. This licensing organization would create a publicly accessible database storing song ownership information and provide a blanket mechanical license for digital streaming. While there are currently other royalty collection societies for performance copyrights, such as ASCAP and BMI, there has never existed an organization that provides licenses for mechanical copyrights. Under the MLC regime, streaming companies would be required to provide a monthly usage report detailing the number of streams of each song in its repertoire and then pay royalties that would ultimately go to the publishers and songwriters. MLC would also allow unclaimed songs, that is, songs for which the mechanical copyright owner is unknown, to be recognized and claimed by publishers, facilitating proper payment of royalties. It has been estimated that the Music Modernization Act will result in significantly more royalties being paid to the rightful copyright owners. #omnilegalgroup #copyright #musicmodernizationact

Ariana Santoro Represents Omni Legal Group Well At Bloomfield High School College & Career Day

Omni Legal Group’s Ariana Santoro was recently honored by being invited to attend the annual College and Career Day at Alliance Margaret M. Bloomfield High School in Huntington Park. While there, Ms. Santoro inspired students with college on the horizon by regaling them about her college experience in obtaining two degrees and unusual path to becoming a patent attorney. Ariana emphasized how keeping an open mind and pursuing interesting opportunities while in college pushed her towards her eventual success. She engaged the students of multiple classes by providing a primer on intellectual property law and even demonstrated exemplary patented client inventions. By the end, students found themselves inspired and eager to follow Ariana’s example of hard work and ambition.