End of Year Edition

This episode of Entertainment Law Update is brought to you by ProperSleep

   Are you looking to get better sleep? Proper sleep supplement can help. 

Your unique sleep issues require a modern, individualized, and holistic approach. And the folks at Proper Sleep have it down to a science!

Proper is a line of supplements designed to help you get to sleep and wake up feeling rested and refreshed.  

Developed With leading MDs and PhDs in sleep medicine, integrative health, clinical psychology, and nutritional biochemistry.

Backed by rigorous science With supplements containing safe,  clinically-studied ingredients and dosage levels proven to promote better sleep.

Proper’s  herbal blend is non-habit-forming, so it’s safe to take long-term.

Try Proper today and get the restful sleep you deserve. Use promo code LAW20 for 20% off your purchase. Visit GetProper.com, and enjoy better sleep now!

When you order online at GetProper.com,  use the code “LAW20” to save  20%  throughout the entire store.

Flora-Bama Shore trademark doesn’t stop regional references

https://law.justia.com/cases/federal/appellate-courts/ca11/21-13458/21-13458-2022-11-29.html

MGFB Properties, Inc., et al. v. 495 Productions Holdings LLC, et al., No. 21-13458 (11th Cir. 2022)

Copyright office reverses grant of registration for A.I. generated Comic illustrations. 

https://www.copyright.gov/rulings-filings/review-board/

Guns N’ Roses – Texas Flower & Gun Shop sued by Band 

https://ew.com/music/guns-n-roses-sues-texas-gun-flower-shop-trademark/

https://kipcurriercopyright.blogspot.com/2022/12/guns-n-roses-sue-online-texas-gun-and.html

Guns N’ Roses v. Jersey Village Florist, LLC    California Central District Court


PUBLIC SERVICE ANNOUNCEMENT – Trademark Scams

Should you receive a request for help with bulk-filing trademark applications, the USPTO asks that you please gather as much data as possible and report it via email to tmscams@uspto.gov


2Live Crew Attempts to Terminate Copyright (Mark)

Community for Creative Non-Violence v. Reid, 490 U.S. 730 (1989)(work for hire)

Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569 (1994) (just for a fun look at 2LiveCrew copyright history in the making)

2022 Year in Review

  • Emerging Split of Authority Re: Originality Determinations Episode 141
  • Prince Prevails on Trademark of Purple Rain Episode 149
  • PreEmption and Stolen Lyrics Episode 143
  • Cardi B Defamation lawsuit EP 142
  • Nevermind baby lawsuit (Last discussed Ep 149) 
  • SCOTUS: Actual Knowledge Needed to Invalidate Copyright Applications Episode 143
  • Warhol v Goldsmith Episodes 144 & 150

Looking forward into 2023 

USSC to decide:  Andy Warhol Foundation for the Visual Arts, Inc. v. Goldsmith 

USSC grants Cert in Jack Daniels / Bad Spaniels chew toy trademark case – will address the “Rogers Test”

https://www.jdsupra.com/legalnews/supreme-court-to-hear-the-bad-spaniels-6689445/?or[…]stomEmailDigest&utm_term=jds-article&utm_content=article-link

RADIO ROYALTY PROPOSAL PASSED BY US JUDICIARY COMMITTEE, HEADS TO HOUSE AND SENATE NEXT https://completemusicupdate.com/article/us-congressional-committee-to-consider-latest-radio-royalty-proposal-this-week/ 

https://variety.com/2022/music/news/house-committee-approves-american-music-fairness-act-radio-performance-royalties-1235453621/

https://www.congress.gov/bill/117th-congress/house-bill/4130/text (the bill)

Predictions? 

  • NFTs will continue to present novel issues…
  • NIL rules and regs
  • More ISPs to be hit with large damages awards for failing to enforce their own takedown policies.
  • AI a growing issue

https://slashdot.org/story/22/12/18/1845215/artists-opposing-ai-image-generators-use-mickey-mouse-to-goad-copyright-lawsuits