By: Zachary Wadlé 

In this day and age, professional athletes increasingly understand the value of their persona and related trademark rights.  Earlier this year, Jeremy Lin of the New York Knicks exploded on the basketball scene and created a media frenzy in the process.  The interest was so intense that reporters started to refer to the scene surrounding Lin as “Linsanity.”  Jeremy Lin promptly filed a trademark application for the term “Linsanity” to secure sole use of the term in connection with various goods.  A few weeks ago, Washington National rookie phenom Bryce Harper was asked what he apparently considered to be an inane question from a reporter after a game.  Harper responded by saying “That’s a clown question, bro” and moved on to the next question.  Harper’s humorous response was replayed constantly on highlight shows and internet sites, and developed a life of its own.  This culminated when Senate Majority Leader Harry Reid replied to a political reporter’s question on immigration policy with “That’s a clown question, bro” and refused to answer the question.  It was unclear whether Reid thought this was a legitimate response to the question given the state of American politics, or was playing to his Nevada constituent base (Harper is a native of Las Vegas).  The day after uttering the phrase, Harper filed a trademark for the term “That’s a clown question, bro” which he intends to emblazon on a variety of apparel, such as jackets, pants, hats, gloves, etc.

The most recent athlete trademark application involves Anthony Davis, former University of Kentucky basketball star and recent number one pick in the 2012 NBA draft of the New Orleans Hornets.  Davis has a unique facial characteristic – a prominent “unibrow” that he refuses to shave.  Davis has always embraced the unibrow look, and recently filed trademark applications for the catchphrases “Fear the Brow" and "Raise the Brow” to further capitalize on his interconnected brows.  However, Davis’ trademark application for “Fear the Brow” is somewhat complicated.  NCAA rules bar college players from financially profiting from athletics while at school, and prevented Davis from protecting and profiting from his intellectual property rights himself during college.  Exploiting this restriction, Reid Coffman — owner of the University of Kentucky apparel store Blue Zone — trademarked "Fear the Brow" last November for his popular Davis-themed merchandise sold to Kentucky fans.

Continue Reading Professional Athlete™ — Sports Figures Move to Protect Valuable Trademark Rights

By: David Muradyan

In order to prevail on a claim for contributory copyright infringement, a plaintiff must show that a defendant had knowledge of or had reason to know about direct infringement by a third party and that it substantially contributing to the infringing activities. A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004, 1013 n.2, 1019 (9th Cir. 2001). “One who, with knowledge of the infringing activity, induces, causes or materially contributes to the infringing conduct of another, may be held liable as a ‘contributory’ infringer.” Fonovisa, Inc. v. Cherry Auction, Inc., 76 F.3d 259, 264 (9th Cir. 1996) (citation omitted).

In a very recent case, the Court held that there was no contributory copyright infringement because the defendant was not aware of its employees’ copyright infringement. In Hitek Software LLC v. Timios Inc., Case No. CV 12-709 CAS (C.D. Cal. June 18, 2012), Plaintiff Hitek Software LLC (“Plaintiff”), a software company who sells its copyrighted programs over the Internet, filed a complaint against defendants Timios, Inc. (“Timios”), Scott Chamberlain (“Chamberlain”) and Y. Sarumaru (“Sarumaru,” and together with Timios and Chamberlain, the “Defendants”), alleging claims for copyright infringement and contributory copyright infringement, among others. Chamberlain was a computer specialist who provided computer services to Timios as an independent contractor but who was later hired as an employee of Timios. Sarumaru was also a computer specialist and was an employee of Timios.

Continue Reading No Contributory Copyright Infringement in Software Copyright Infringement Case

Anthony Davis is a well-known college basketball player who completed his freshman season in 2012 playing for the University of Kentucky Wildcats and thereafter declared his eligibility for the 2012 NBA draft.  Most people agree that Davis will be the number one overall pick in the 2012 NBA draft.  He is known for being a highly skilled power forward, and for his distinctive unibrow.

As the 2012 NBA draft approached, the news wires began to buzz with headlines proclaiming that “Anthony Davis Has Trademarked His Unibrow.”  While these headlines likely horrified every esthetician in the country, the headlines actually misrepresent what Mr. Davis has done, and they overlook fundamental components of trademark law.

Continue Reading Fear the (Trademarked) Unibrow

Local artist (and Weintraub client) David Garibaldi will perform live on tonight’s episode of NBC’s "America’s Got Talent." And he needs your votes to ensure he makes it to the next round.

David Garibaldi, 29, and his CMYK’s are among America’s Got Talent’s Top 48 contestants who are competing to win a $1 million prize.

The Sacramento group is widely known for transforming an empty canvas into a unique large-scale painting live on stage through music and dance. David, a former graffiti artist, was inspired to change direction by one of his high school teachers.

Follow David Garibaldi and his CMYK’s America’s Got Talent journey on their Facebook page here.

And help us get out the vote by watching the show and calling in to vote. Tonight’s episode airs at 8:30 p.m. (PT) on NBC. 

By: Jeff Pietsch and Michael Robinson

It is Monday morning and you are recovering from a bachelor party in Sin City. Thankfully, your privacy settings on Facebook allow you to share pictures of your shenanigans in Vegas with only your friends. But what happens when your boss asks a friend and coworker to show him your embarrassing and private photos? Should a status update intended for a select few be protected from the prying eyes of your employer?

At an age when over 900 million people use Facebook, it is no surprise employers increasingly use social media in evaluating current and prospective employees. For example, last week the Federal Trade Commission (FTC) approved a process allowing a background check company to screen job applicants’ Internet photos and postings. The FTC determined that such actions were in compliance with the Fair Credit Reporting Act. This means a search of what you have said or posted to Facebook, Twitter, Flickr, blogs, and the Internet may become a standard part of background checks when you apply for a job.  

Continue Reading Shoulder Surfing: Can Employers Access Your Facebook Account