Intellectual Property Law

Songwriter?s Estate Settles With Trust for Music Royalties

Posted on September 03, 2010
Estate of Darrell “Wayne” Perry County songwriter Darrell “Wayne” Perry died in 2005 but his estate was not resolved until July 2010.  Perry wrote songs including Tim McGraw’s number one country hit, ?Not A Moment Too Soon...

Estate of Jack Kerouac: Copyrights and Forged Wills

Posted on September 03, 2010
Estate of Jack Kerouac When author Jack Kerouac died in 1968, he left everything to his mother, Gabrielle. When she died five years later, she in turn left everything via her will to Kerouac?s third wife, Stella Sampas. For the next 19 years the Sampas family controlled Kerouac’s estate...

Podcast: Entertainment Law Update Episode 13

Posted on August 26, 2010
Lucky Episode 13 of the Entertainment Law Update Podcast with hosts  Los Angeles based film lawyer Gordon P. Firemark and Texas based music lawyer Tamera H. Bennett is available here. Gordon and I had a lot of fun this month discussing multiple topics including: Justin Bieber’s Twitter “prank” Judge Gertner’s recent opinion in Sony v...

State of Texas Opposes ?The Alamo? Trademark Application

Posted on July 30, 2010
On July 23, 2010 the State of Texas filed a Notice of Opposition with the Trademark Trial and Appeals Board (TTAB) opposing the trademark application for the mark “The Alamo” that was filed The Daughters of the Republic of Texas. Attorneys for the State assert Texas has a claim to the trademark due to its [...

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Texassports.org: University of Texas Lost Bad Faith UDRP Action

Posted on July 26, 2010
The University of Texas was unsuccessful in a bad faith domain name action to acquire www.texassports.org. The University is the owner of www.texassports.com and registered trademarks for:  TEXAS, UNIVERSITY OF TEXAS, TEXAS LONGHORNS, and LONGHORNS.  In particular, TEXAS is registered for “Entertainment services, namely, providing college athletic and sporting events...

Copyright Termination: 2009 and 2010 Cases of Interest

Posted on July 26, 2010
Copyright terminations under sections 203 and 304 are hot topics in the news and at the courthouse the past 12 months.  2013 will be the first year that terminations can be effective under 17 USC Section 203…. if notice of termination was proper...

Registration Now Open for Entertainment Law Institute, Austin October 7-8

Posted on July 15, 2010
The 20th Annual Entertainment Law Institute will be held October 7-8, 2010 at the Radisson Hotel & Suites, Austin. Tamera H. Bennett, Esq. will be presenting on: Protecting an Artist’s Legacy Through Estate Planning, Probate and Post-Death Administration of an Artist’s Rights Be Careful What You Tweet:  Social Networking Legal Issues More information about the [...

Tamera H. Bennett to speak at Tennessee IP Law Association Conference

Posted on July 08, 2010
Trademark, copyright and entertainment lawyer Tamera H. Bennett will speak July 16, 2010 at the Tennessee Intellectual Property Law Association?s Summer 2010 ©LE Semina® in Nashville, Tennessee. Tamera?s  presentation will focus on recent developments in trademark law...

Legal/Administrative IP ? Entertainment Law Assistant Needed

Posted on July 08, 2010
Transactional boutique trademark, copyright and entertainment law firm located in Dallas/Fort Worth metroplex seeks legal/administrative assistant. The ideal candidate will: have two to four years experience as an administrative assistant in the music business or legal field...

Entertainment Law Update Podcast Episode 12 Now Available

Posted on July 01, 2010
In the latest episode of the Entertainment Law Update podcast, Tamera H. Bennett and Gordon Firemark explore: Follow ups on Hot News Viacom loses suit against YouTube. Hurt Locker Suit(s) Idea Theft Tribute Band Names Celebrity Rights of publicity To listen to the podcast, click here.

Michael Douglas? Ex-Wife Sues For ?Spinoff?: Wall Street 2

Posted on June 30, 2010
As Michael Douglas’ new film “Wall Street 2″ is set to release later this year, his ex-wife Diandre Douglas has filed suit seeking half of Douglas’ earnings for the film. The original “Wall Street” film was released in 1987, during the time of Douglas’ 23 year marriage to Diandre...

Music Pubishing and The Value of ?Glee?

Posted on June 28, 2010
Older pop hits are finding new life on the Fox TV series “Glee.“ Broadway show tunes, Journey, Madonna, and others are finding both “Glee” covers and originals of their songs selling at the top of  iTunes charts.   As of April 2010, three “Glee” cast albums were in the top 10 of iTunes charts and have [...

Dead Celebrities on CBS? 60 Minutes

Posted on June 28, 2010
CBS’ 60 Minutes feature “A Living for the Dead” focuses on deceased celebrities right of publicity and strategies for maximizing revenue from the use of name and likeness rights. To view the segment and learn more, click here.

CBS? 60 Minutes Feature ?A Living for the Dead?

Posted on June 22, 2010
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Dallas Surgeon Raises Social Networking Defamation Claim

Posted on June 11, 2010
posted by Tamera H. Bennett Dallas eye surgeon Dr. Boothe (Boothe Eye Care and Laser Center), is asserting a patient’s statements online may be defamatory in nature and should be removed. The patient was unhappy with the results from her eye surgery and posted her complaints online...

Attorney Tamera Bennett Interviewed on WB33/Dallas Today

Posted on June 10, 2010
Intellectual property lawyer Tamera Bennett was interviewed today by reporter Giselle Phelps/WB33 regarding the proposed social networking policy for the Lewisville Independent School District (LISD). The news broadcast will air at 5pm and 9pm CST, today, June 10, 2010...

Universal v. Augusto First Sale Under Copyright Act Appeal

Posted on June 03, 2010
The question before the Seattle Court of Appeals is whether or not the offering for sale of promotional copies of music CD’s is an act of copyright infringement or a protected transaction under the First Sale doctrine of the US Copyright Act. I blogged here about this case when the trial court ruled in favored [...

Music Publishing and Divorce: No Extrinsic Fraud

Posted on June 03, 2010
by Tamera H. Bennett posted June 3, 2010 The Court of Appeals of Texas, Fourth District, San Antonio, ruled there was no extrinsic fraud in divorce proceedings when one spouse conveys songs out of a community property music publishing company without the express knowledge of the other spouse...

Don Henley Successful in Copyright Infringement

Posted on June 02, 2010
A Judge in California District Court ruled that politician Chuck Devore’s new lyrics to “The Boys of Summer” and “All She Wants to Do is Dance” are not a fair use under the Copyright Act. I blogged about this case earlier here...

Is Holland?s (cafe) Too Close To Harrods (luxury department store)?

Posted on June 01, 2010
Harrods, the luxury London based department store, sent a cease and desist letter to Holland’s Cafe in Essex, England.  The cafe, which opened four months ago, is owned by Mr. Nigel Holland. This does seem a bit of a stretch for trademark infringement...

Entertainment Law Update Podcast: Episode 11

Posted on May 25, 2010
Episode 11 of the Entertainment Law Update podcast is now available. Topics in this episode include: In this Episode: Ethics and the non-practicing attorney? a long tail Zorro draws its sword against M&M candies ?Free Scooter!? cries Justin Bieber...

48 Hours to Trademark Lawsuit

Posted on May 19, 2010
48 hours to produce the first issue of a magazine. An ambitious goal meet by a few friends and 1000′s of content contributors over a weekend in May. 48 Hour:Hustle, a print on-demand magazine, was started on May 7 and issue zero was  wrapped on May 9...

Music Publishers Not Owed Royalty Says Canadian Court

Posted on May 17, 2010
A Canadian Appeals Court ruled that 30-second samples of songs on download websites are not “performances” and are exempt from public performance royalties in Canada. Read more from Billboard. Are the US performance rights organizations BMI, ASCAP and SESAC ready to test the waters in the US to see if “previews” available on iTunes, Amazon [...

Music Publishers Granted Temporary Injunction Against Lyric Website

Posted on May 17, 2010
A temporary injunction was issued against CD Cal on May 13 in the Central District Court of California to enjoin the unauthorized distribution of lyrics on websites. Plaintiffs include music publishers Warner/Chappell, Peermusic and Bug Music.  Read more from The Trademark Blog here...

?The Alamo? Who Owns The Trademark?

Posted on April 28, 2010
The Daughters of the Republic of Texas filed a federal trademark application on October 13, 2009 claiming a first use of the mark “The Alamo” on January 26, 1905 for Museum services, namely, exhibiting to the public a historical site. The trademark application was initially refused as being descriptive of the services offered...

Tamera H. Bennett to speak at Tennessee IP Law Association Conference

Posted on April 27, 2010
Trademark, copyright and entertainment lawyer Tamera H. Bennett will speak May 7, 2010 at the Tennessee Intellectual Property Law Association’s Spring 2010 ©LE Semina® in Nashville, Tennessee. Tamera’s  presentation will focus on recent developments in trademark law...

April 23: UNESCO World Book and Copyright Day

Posted on April 23, 2010
What is the significance of April 23, 1616? Literary greats Cervantes, Shakespeare and Inca Garcilasco de la Vega all died on this date.  Also born on April 23, are authors Maurice Druon, K.Laxness, Vladimir Nabokov, Josep Pla and Manuel Mejía Vallejo...

Grammy on the Hill Advocacy Day is Today

Posted on April 15, 2010
Today is GRAMMYs on the Hill Advocacy Day in Washington, D.C. and at home! Learn more about Performance Rights Act, HR 848 in the House and S. 379 in the Senate here.   Contact your local Representative or Senator(s) today to voice your support for the legislation...

?Jersey Boys? Is Suing and Being Sued

Posted on April 13, 2010
The  hit musical “Jersey Boys” has been the subject of a copyright infringement/co-owner lawsuit, as previously discussed here and here.  Changing hats from being the defendant in a copyright infringement suit to “singing the tune” of the plaintiff,  Frankie Valli, Bob Gaudio, and the playwrights of the musical  “Jersey Boys” filed suit against “The Boys [...

LucasFilm Sues for Infringment of Star Wars Toys

Posted on April 13, 2010
Lucasfilm, Ltd. and Lucasfilm Entertainment Company, Ltd.  filed a  lawsuit against EZ2Fly, Inc., et. al for the manufacture and distribution of unauthorized merchandise that are remarkable similar to authorized STAR WARS branded toys. Lucas alleges EZ2FLY  advertised and sold a replica of the STAR WARS X-WING STARFIGHTER online and at trade shows, titled as “X-WING...

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