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The United States Supreme Court recently granted certiorari to hear Oracle America, Inc. v. Google LLC, a case to determine whether application programming interfaces (“APIs”) are protectable copyrightable expression. If APIs are deemed protectable, the case will turn on whether Google’s use of 37 packages of Oracle’s APIs in its Android operating system constitutes fair use under copyright law. After receiving two adverse rulings from the Federal Circuit Court of Appeal, Google’s request for Supreme Court review has been upheld.             The dispute began in 2005 when Google attempted to license from Sun Microsystems certain components of Java that were…

            In December 2018, Nirvana filed an infringement lawsuit against fashion retailer Marc Jacobs for a shirt known as the “Bootleg Grunge Tee,” as well as a similar sweatshirt and pair of socks, in its then recent line, “The Redux Grunge” collection. More particularly, Nirvana alleged copyright infringement, false designation of origin, trademark infringement, and unfair competition. In this way, Nirvana seeks to demonstrate that they are not associated with, nor do they endorse Marc Jacobs. Further, Nirvana does not want the Marc Jacobs design to confuse consumers into believing otherwise. Nirvana also included Saks Fifth Avenue and Neiman Marcus…

Deutsche Telekom, T-Mobile’s parent company, sent a cease and desist letter to Lemonade, an insurance start-up company, demanding that they discontinue using the color magenta in their marketing materials. Deutsche Telekom is the registered owner of a trademark on a specific shade of the color magenta, RAL 4010.  According to the Lanham Act, trademarks are defined as any word, name, symbol, or device, or any combination thereof” that is used to identify and distinguish one’s goods or services from those of other sources. The overarching purpose of trademarks is to protect consumer confusion between product and service offerings. Further, pursuant…

On September 30, 2019, Nike filed a patent infringement lawsuit in the U.S District Court for the Central District of California against Skechers. Nike is claiming that Skechers is copying their patented designs for the Nike Air Max 270 and the Nike VaporMax. Nike is seeking damages in multiple areas, including those adequate to compensate for the alleged patent infringements, the total profit realized by Skechers, supplemental damages, and profits for any continuing post-verdict infringement until final judgement. Nike is also asking for treble damages, that is, increased damages up to three times the amount found or assessed. Finally, Nike…

            Full Colour Black, a small greeting card company, has filed a claim to invalidate the trademark for Banksy’s artwork known as “flower thrower.” In addition, the greeting card company has been directly reproducing said artwork on greeting cards and other merchandise. The England-based street artist is fighting back against the card company in an attempt to protect his trademark.             Banksy has been active since the 1990s as an anonymous street artist and political activist. Banksy is famously anonymous and made headlines last year for selling his Girl With Balloon painting for $1.4 million only for it to be…

            In May 2018, author and director, Christian Charles filed a lawsuit against comedian, Jerry Seinfeld, claiming that Seinfeld’s successful show “Comedians in Cars Getting Coffee” was originally his idea, which Seinfeld stole. Most recently, Seinfeld filed a motion to dismiss, which was granted last month.              Charles and Seinfeld had previously worked together on several projects, although none of them ended in lawsuits. Indeed, the pair had an eighteen year long working relationship. As one example, as alleged in Charles’ complaint, Charles co-created and directed “Comedian,” a documentary film about the comedian. A producer, Gary Streiner, researched extensively camera…

            Since 2016, singer and songwriter, Ed Sheeran, has been facing a one hundred million dollar lawsuit against fellow songwriter, the late Ed Townsend Jr., through his heirs. In particular, the heirs claim that Ed Sheeran’s song “Thinking Out Loud” plagiarizes his song “Let’s Get it on,” co-written and performed by Marvin Gaye. According to the lawsuit, Ed Sheeran and Marvin Gaye’s songs have the “same melody, rhythms, harmonies, drums, bassline, backing chorus, tempo, and syncopation.”             “Let’s Get It On” was written in 1973 and a copyright application was filed that same year with the United States Copyright Office….

            Pop singer Ariana Grande is suing fashion retailer Forever 21 and the beauty company started by the daughters of Forever 21’s founder, Riley Rose, for their alleged unauthorized use of Grande’s name, image, likeness, and music in their recent campaigns. Grande claims that their marketing campaign violates the common law rights of publicity and her copyright and trademark rights under the Copyright Act and the Trademark Act, respectively. Ariana Grande is suing for ten million dollars for actual damages, disgorgement of Forever 21’s ill-gotten profits, and punitive damages in order to prevent Forever 21 and Riley Rose from violating…

In July of 2019, Mondelez Canada Inc. (MCI), the company known for the sour gummy candy, Sour Patch Kids, filed a trademark lawsuit against the brand “Stoney Patch,” for selling THC-infused gummies by the same name. In the complaint, MCI claims trademark and trade dress infringement, trademark dilution, and unfair competition. Trademarks offer protection for logos, symbols, phrases, words and designs and trade dress offers protection for other elements used to promote a product or service. In this way, trademarks serve the function of designating the source of a particular product or service. Trademark infringement occurs when there exists the…

            In May of this year, New England Patriots quarterback, Tom Brady, filed a set of applications with the United States Patent and Trademark Office (USPTO) to register “TOM TERRIFIC” as a trademark. In particular, TEB Capital Management, Inc., Brady’s management company, filed two applications, one in International Class 16 for “collectible trading cards; sports trading cards; posters; printed photographs” and one in International Class 25 for “t-shirts; shirts.” In response, the USPTO issued identical rejections to both applications based on what is known as “false connection” and “name of living individual.”             The USPTO examining attorney’s first refusal, “false…