In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss a copyright dispute between Carroll Shelby Licensing and the widow of the late filmmaker H. B. Halicki regarding copyright protection granted to Eleanor, a car featured in the 1974 film “Gone in 60 Seconds.” Continue Reading The Briefing by the IP Law Blog: What Makes a Character Protectable Under Copyright

In Jacobs et al v. The Journal Publishing Company et al, 1-21-cv-00690, District Judge Martha Vazquez of the District Court of New Mexico recently held Plaintiffs’ twenty-two-month delay in filing suit rebutted any presumption of irreparable harm for alleged copyright violations, and accordingly denied Plaintiffs’ motion for a preliminary injunction. Continue Reading District Court Rules Twenty-Two Month Delay in Filing Copyright Case Favors Denying Plaintiffs’ Request for Preliminary Injunction

In this episode of The Briefing by the IP Law Blog, Scott Hervey and Josh Escovedo discuss Ohio State University’s trademark registration for the word THE.

Continue Reading The Briefing by the IP Law Blog: THE Ohio State University Registers “The” as a Trademark

Ohio State University recently made Intellectual Property headlines by managing to procure a trademark registration for the word THE. The registration procured by Ohio State covers t-shirts, caps, and hats. Although the registration covers limited goods and services, that hasn’t stopped people from being outraged by the idea that a person or entity can obtain exclusive rights to use of the most commonly used word in the English language. But is it really that big of a deal? In my humble opinion, it is not. Continue Reading Ohio State Successfully Registers the Word THE with the Trademark Office