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Current Trends in Copyright, Trademark & Entertainment Law 

Legal and business commentary on intellectual property and the entertainment industry.
Post Frequency: 1.2/day Last Entry: May 09, 2014 at 10:32:58 Recent Entries: 237
By Tamera Bennett
Go to Current Trends in Copyright, Trademark & Entertainment Law, find other Intellectual Property Law blogs, or browse all law blogs.
Songwriter?s Estate Settles With Trust for Music Royalties
Posted on September 03, 2010Estate 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, 2010Estate 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, 2010Lucky 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, 2010On 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 [...
Texassports.org: University of Texas Lost Bad Faith UDRP Action
Posted on July 26, 2010The 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, 2010Copyright 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, 2010The 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, 2010Trademark, 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, 2010Transactional 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, 2010In 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, 2010As 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, 2010Older 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, 2010CBS’ 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<embed src=’http://cnettv.cnet.com/av/video/cbsnews/atlantis2/player-dest.swf’ FlashVars=’linkUrl=http://www.cbsnews.com/video/watch/?id=6600771n&releaseURL=http://cnettv.cnet.com/av/video/cbsnews/atlantis2/player-dest.swf&videoId=50089254&partner=news&vert=News&si=254&autoPlayVid=false&name=cbsPlayer&allowScriptAccess=always&wmode=transparent&embedded=y&scale=noscale&rv=n&salign=tl’ allowFullScreen=’true’ width=’425′ height=’324′ type=’application/x-shockwave-flash’ pluginspage=’http://www...
Dallas Surgeon Raises Social Networking Defamation Claim
Posted on June 11, 2010posted 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, 2010Intellectual 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, 2010The 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, 2010by 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, 2010A 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, 2010Harrods, 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, 2010Episode 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, 201048 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, 2010A 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, 2010A 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, 2010The 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, 2010Trademark, 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, 2010What 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, 2010Today 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, 2010The 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, 2010Lucasfilm, 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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Federa Rule 11(b) Considerations
The following were selected from among the transactions complete by Wild Adventures Company during December of the current year. Dec. 3. Purchased merchandise on account from Miramar Co., list price $45,000, trade discou
Dec. 3. Purchased merchandise on account from Miramar Co., list price $45,000, t...
Can a pregnant worker be laid off ?
beating yourself about it wont help, neither will worrying if you are getting la...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
I am from MN and have had charges of shoplifting and i believe one was called Theft, all have been under $50. I didn't have a problem my whole life unto I suffered from an EatingDisorder which had mental and emotional an
This is what you have to do.
1. Take one day at a time and leave your past...
Is my non compete agreement valid? I'm starting my own business that would be competition for my employer
Each state has its own unique laws and rules about whether, when and to what ext...

The following were selected from among the transactions complete by Wild Adventures Company during December of the current year. Dec. 3. Purchased merchandise on account from Miramar Co., list price $45,000, trade discou
Dec. 3. Purchased merchandise on account from Miramar Co., list price $45,000, t...
Can a pregnant worker be laid off ?
beating yourself about it wont help, neither will worrying if you are getting la...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
I am from MN and have had charges of shoplifting and i believe one was called Theft, all have been under $50. I didn't have a problem my whole life unto I suffered from an EatingDisorder which had mental and emotional an
This is what you have to do.
1. Take one day at a time and leave your past...
Is my non compete agreement valid? I'm starting my own business that would be competition for my employer
Each state has its own unique laws and rules about whether, when and to what ext...








