09 March

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Pinterest Walking a Copyright Infringement Tightrope

Posted by Michael

The content sharing mega-site “Pinterest” is rapidly gaining online momentum. The site features a virtual “pinboard” where users can post photos they find online and arrange them into albums, sort of like scrapbooking. The site is hugely popular to women under the age of 35; Pinterest’s Facebook page is “liked” by 97% women. This site has been rapidly hailed a demographic marketing super-success, and with good reason. But the site has also drawn an increasing amount of criticism and scrutiny. Pinterest is coming under intense legal pressure; the copyright infringement issues seem glaringly obvious. Unlike Facebook, Youtube, and other very...

07 March

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Apple iTV Trademark Infringement

Posted by Michael

in Trademark

Apple has been cooking up a new TV-like product for a while, and it’s been coming closer and closer to fruition. Steve Jobs announced “iTV” a while ago, although it has not been launched, only hinted at, and talked about internally. No doubt, consumers will be eager to jump on the iTV bandwagon, as soon as it arrives, and it is rumored to be on schedule for a Christmas 2012 launch. Last week the New York Post reported that Apple was in communications with cable content providers to provide Apple users with some kind of cable-like service. The only issue is...

28 February

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Copyright-Infringing Artist May do Hard Time

Posted by Michael

in Copyright, Litigation

Is it possible to do jail time for copyright infringement? If you destroy and falsify discovery information during your federal trial, the answer is yes. You are probably familiar with the iconic Obama posters from the 2008 election. The hugely successful posters were created by Los Angeles artist Shepard Fairey. Fairey based the image off a copyright-protected image, owned by the Associated Press. In 2009, perhaps in a preemptive move, Fairey sued the Associated Press in Federal Court, seeking a declaration that the poster constituted “Fair Use.” The AP countersued. Fairey claimed he had used a certain image of Obama...

25 February

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Michael Jordan Trademark Issue in China

Posted by Michael

in Trademark

Michael Jordan can certainly relate to Apple’s trademark nightmare in China. Jordan recently filed a law suit in China against the Chinese company Qiaodan for using his name without permission since 2000. Qiaodan means “Jordan” in Chinese, and that name is synonymous with basketball there. Qiaodan has actually filed trademark applications with a trademark attorney for many Jordan-related themes, even names of his children. According to Michael Jordan: “It is deeply disappointing to see a company build a business off my Chinese name without my permission, use the number 23 and even attempt to use the names of my children.” Qiaodan has over 100...

18 February

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Newt, SOPA, and the Cybersecurity Act of 2012

Posted by Michael

in Domain

Much of the hoopla regarding SOPA, the “Stop Online Piracy Act” has died down during the past month and half. Why? The huge outcry by just about everyone ranging from Facebook, Google, Wikipedia, petition drives, (one by Google claiming it received 7 million signatures), and on and on, has effectively drove the message to Congress that SOPA was something that people were not happy with, even my buddy Newt and his GOP comrades were all against it. (The exceptions were with many of the large entertainments studios and some other surprising SOPA proponents). Towards the end of January, Reuters reported that...

16 February

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Proview Trademark Litigation with Apple Continues

Posted by Michael

in Litigation, Trademark

The trademark dispute between Apple and the Chinese company, Proview Technologies, is intensifying. If you remember, Proview secured the trademark for “iPad” in China back in 2000. The chain of events is not clear, but the core of the dispute is whether Apple ever obtained a proper license or acquired the use of the iPad trademark in China from the correct owner. Proview Officials in the Chinese province of Hebei seized Apple iPads from store shelves, as the battle over the iPad name in China continues to roll along. Proview Technologies has continued to put roadblocks in Apple’s way, filing complaints...

15 February

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Super Lawyers Michael N. Cohen, Rising Star 2012

Posted by Michael

in Litigation, Patent, Trademark

Cohen IP Law Group, P.C. is pleased to announce the nomination of Michael N. Cohen for inclusion in the 2012 Southern California Rising Stars Super Lawyers® publication. Super Lawyers® is a listing of outstanding lawyers from more than 70 practice areas who have attained a high-degree of professional achievement. The selection process is multi-phased and includes independent research, confirmation that nominees are properly licensed, in good standing with the state licensing agency, and, when possible, that they have no history of disciplinary action that would warrant removal from the list. In addition to a general survey, an attorney-led research team reviews...

09 February

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Apple Trademark Infringement in China Again

Posted by Michael

in Litigation, Trademark

The Shenzen, China-based company called Proview Technology is still after Apple, claiming that Apple is illegally selling iPads in China. A new suit against Apple for trademark infringement was filed a few days ago, as Apple appealed a recent Chinese court decision in favor of Proview. According to lawyers for Proview, Apple only bought the rights to iPad outside of China, but Proview still owns the mark in China. Apple officially began selling the iPad in China in September 2010, after months of gray market activity amid eager buyers and sellers. But the launch was short lived and problematic due to the trademark...

03 February

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NFL Trademark Use a no-no

Posted by Michael

in Copyright, Trademark

Every year, about this time, businesses are unexpectedly sued for using two seemingly harmless words: “Super Bowl”. Any advertising, promotion or announcement that is not sanctioned by the National Football League is subject to swift legal action by the NFL. The NFL owns registered trademarks for “Super Bowl,” and “Super Bowl Sunday.” And they aggressively monitor and enforce those trademarks. “NFL,” “AFL,” and the names and nicknames of all NFL teams are also registered trademarks, owned by the NFL. In fact, even if the terms are not used, it could be considered a copyright violation if the game is broadcast on a screen larger than 55 diagonal inches,...

31 January

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China Trademark Dispute with Apple: We Own the iPad Trademark

Posted by Michael

in Litigation, Trademark

Trademark lawyers are known to be zealous advocates for their owners' marks. But Apple’s lawyers will not quit by appealing the court ruling in China that rejected its ownership of the iPad trademark in that country. Last month, the Higher People’s Court of Guangdong Province ruled that a local company, Proview International actually owns the trademark in China. According to Apple, they bought the rights to the name legally from a UK-based company known as I.P. Applications. I.P. Applications had previously purchased the mark from a Proview subsidiary in Taiwan. But the Chinese court ruled that the Proview subsidiary did...

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