Lisa Frank Settles Copyright Infringement Suit Over Vibrantly Colored Designs

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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.…
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Nuthin But a Trademark Thang

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This month, the United States Patent and Trademark Office ended a legal battle between Dr. Dre and a practicing doctor. Back in 2015, Dr. Draion M. Burch filed trademark applications for the marks “Dr. Drai” and “Doctor Drai OBGYN and Media Personality” in connection with “educational and entertainment services.” The Pennsylvania-based gynecologist’s intent was to use this brand on audio books and seminars. Indeed, Burch hosts webinars and sex education classes for adults and teenagers. Dr. Dre, the stage name of rapper and producer Andre Young, instituted this opposition proceeding based on the similar appearance and pronunciation of the names.…
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Music Modernization Act Expected to Reform Music Licensing

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

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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…
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Did you know?

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Apple Inc. recently patented the design of the Apple Store. The tech giant received a design patent in China in 2015, which was filed in the United States that same year. The design patent covers a “Building” and the patent figures feature a four support beam structure. This particular design was used for the Zhongjie Joy City Apple Store in China, which ended up only including two support beams.
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United States Supreme Court Decides Two Cases on Inter Partes Review

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In two recent decisions by the United States Supreme Court, the constitutionality of inter partes review was determined. Inter partes review (IPR) is a procedure within the United States Patent and Trademark Office (USPTO) which authorizes a board (namely, the Patent Trial and Appeals board) to reconsider and cancel an already-issued patent claim. Any person who is not the patent owner may petition for such review. The first case, Oil States Energy Services, LLC v. Greene’s Energy Group, LLC, involved a patent owned by Oil States and relating to technology for protecting wellhead equipment used in hydraulic fracturing. Oil States…
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Monkeys Can Sue But Not For Copyright Infringement Says Ninth Circuit

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The Court of Appeals for the Ninth Circuit recently ruled that an animal can potentially have constitutional standing to claim copyright infringement but that the Copyright Act does not expressly provide for such ability. While on a wildlife reserve in Sulawesi, Indonesia, wildlife photographer David Slater’s unattended camera was picked up and used by Naruto, a local monkey, to take several photographs of itself. These “monkey selfies” of the seven-year-old crested macaque later appeared in a book published by Slater and Wildlife Personalities, Ltd. This book identifies Slater and Wildlife Personalities as the copyright owners of these photographs. Subsequently, People…
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Final Round Goes To VirnetX In Legal Battle With Apple

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A jury in Eastern District of Texas recently ordered Apple to pay $502.6 million in damages for patent infringement. The claims were brought by VirnetX based on four patents related to powering iMessage, FaceTime, and other secure communications products. The decision ends an eight year long legal battle between Apple and VirnetX. The battle started back in 2010 when VirnetX filed a separate suit and ultimately was awarded roughly $440 million in damages. Originally founded by former engineers to develop security technology for the United States government, VirnetX has become a patent troll that primarily makes money from similar infringement…
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Bumble Stings Back at Tinder

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In the most recent development in the battle between Tinder and Bumble, Bumble has filed a lawsuit against Tinder’s parent Company, Match Group, alleging trade secret misappropriation. The lawsuit alleges Match and Bumble were in acquisition talks when Match Group requested “confidential and trade secret information” as a part of these discussions and subsequently used this information for its own business gains. Trade secrets constitute information which derives independent economic value from not being generally known. The suit further goes on to claim that once Match discovered other companies were also interested in investing in or acquiring Bumble, Match filed…
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James Cole’s Screenwriting Debut at the 16th Annual Indian Film Festival

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Omni Legal Group superstar James Cole’s screenwriting debut will screen at the 16th annual Indian Film Festival of Los Angeles. The short film titled “Fifteen Years Later” is set 15 years post-911 and the story depicts two once-promising young men who have been experiencing psychological and professional deterioration since this tragedy. This acclaimed festival is widely recognized as the premiere showcase of groundbreaking Indian cinema internationally and features a distinguished panel of jurors that will preside over the festival’s features and shorts competitions.  While the festival lasts from April 11th-15th, the premier of “Fifteen Years Later” will take place on…
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