Legal News
Three Songwriter’s Claim Sam Smith and Normani’s “Dancing with a Stranger” Copied Their Song of the Same Name
In yet another case of alleged copyright infringement, three artists filed a claim on March 4, 2022 in the United States District Court for the Central District of California against superstars Sam Smith and Normani for purportedly copying elements from the trio’s song “Dancing With a Stranger”. Songwriters Jordan Vincent, Christopher Miranda, and Rosco Banlaoi claim Smith and Normani’s 2019 multi-platinum hit of the same name is “nearly identical” and “strikingly similar” to a song they published on Vincent’s YouTube and Spotify channels in 2017. Along with sharing the same name, the plaintiffs allege that the chorus and composition of the two songs are substantially the same, writing that “the hook/chorus in both songs — the most significant part and artistic aspect of these works — contains the lyrics ‘dancing with a stranger’ being sung over a nearly identical melody and musical composition.” The suit further contends that Smith [...]
Dua Lipa Sued Twice in One Week for Copyright Infringement Over Hit Song “Levitating”
Dua Lipa was sued twice in the same week of March 2022 for her hit single, “Levitating”. The first suit was filed on March 1, 2022 by Florida reggae band Artikal Sound System in U.S. District Court in California. In the complaint, Artikal Sound claims that Lipa and her label Warner Records, Inc. stole the chorus from their little known 2017 song “Live Your Life.” The complaint is short on detail, asserting simply that “Levitating” is so similar to “Live Your Life” that it was “highly unlikely that ‘Levitating’ was created independently.” A copyright infringement action depends upon whether the defendant copied from the plaintiff, or whether he independently created his composition. When one party accuses another of infringing on copyright with a "substantially similar" song, photograph, artwork, or other creative content, the Defendant (or party being accused of infringement) may assert the defense that they independently created their [...]
Why Is Litigation Bad for Business?
In general, taking issues to court is not always a bad thing. In situations of divorce, child custody, and criminal issues, the court provides a reliable and definite resolution to complicated problems. For many people, litigation is a beneficial way to end a legal dispute and move on with their lives. Unfortunately, this is not always the case. When it comes to businesses, litigation can have a significant negative impact even when that is not the intention. Many business owners know to try and avoid litigation if at all possible, opting for other methods to resolve disputes. Whether you own a business, manage a company, or are a conscious consumer, it is important to understand the full story when it comes to business litigation. Understanding what these cases mean and how others may react can help you to minimize fallout and control your narrative if you ever get into [...]
What Is Litigation in a Business?
When you own a business, it is your responsibility to know and understand a lot of information. This can be confusing and overwhelming, especially if you are traversing a legal issue. Many people feel intimidated by legal scenarios because they feel more serious and often use jargon that is difficult to understand. This can be especially frustrating for business owners. Legal matters are simply a part of doing business. Many companies face legal matters every day through contract negotiation, business-to-business transactions, employee retainers and salaries, and more. Unfortunately, this means that litigation may arise from time to time. If you are a business owner or manager, it is important that you know what business litigation is and what it may entail. This helps to prepare you for all possible scenarios and may ensure that a litigation situation feels less intimidating if it should arise. This also helps to ensure [...]
Pay-Per-View Provider’s $100 Million Suit Against Alleged Illegal Streamers for Jake Paul vs. Ben Askren Fight Ends in Failure
Jake Paul vs. Ben Askren promised to be one of the premier pay-per-view boxing matches of 2021. Unfortunately for the millions who tuned in, the fight ended with a whimper when Askren was knocked out in the first round. And in even worse news for pay-per-view promoter Triller, many of those millions watched via free (and allegedly illegal) online streaming services. Triller promised vengeance, filing a claim in Federal District Court in California in April 2021 against FilmDaily.co and 10 other sites and services that allegedly pirated the fight. Triller brought causes of action for 1) willful copyright infringement for distributing, uploading, copying, and publicly displaying the fight, for 2) violations of the Federal Communications Act for interception and misusing a satellite broadcast, and for 3) vicarious copyright infringement for the infringing acts of those who caught the fight on FilmDaily.co. Triller sought $100 million in damages against the [...]
The Coffee Wars Continue for Nespresso
Nespresso has opened a new front in the coffee pod Intellectual Property (IP) wars. Coffee pods have become ubiquitous and their manufacturers have been attempting for years to defend intellectual property rights they claim to have in pod design and function. In April 2021, Nespresso was sued by German coffee giant Kruger in Federal District Court in Los Angeles for allegedly infringing three patents related to its coffee pod extraction technology. That case continues. In September 2021, the Swiss Federal Supreme Court ruled against Nespresso’s attempt to garner trademark protection for its coffee pod design, finding that its pods had an “ordinary” and “unmemorable” shape. Keurig has failed to maintain similar claims related to its iconic coffee pods, famously losing a 2011 patent suit against Rogers Family Company, LLC where it attempted to prevent other manufacturers from producing pods for its popular machines. Now Nespresso USA, Inc. has gone [...]
Katy Perry Wins Copyright Infringement Case Over Claim by Christian Rapper
On March 10, 2022, the 9th Circuit Court of Appeals upheld a ruling in favor of Katy Perry that overturned a $2.78 million judgment against the iconic pop star. The dispute stems from an 8-note pattern, known in the music world as an “ostinato,” that was featured in Perry’s 2013 hit “Dark Horse.” Christian rapper Marcus Gray, who goes by the stage name “Flame,” first sued Perry and Capitol Records in 2014 arguing that the 8-note melody was substantially similar to his song “Joyful Noise,” thereby infringing his copyright. Perry told a Los Angeles jury that she had never heard of the song before writing her hit. But the jury nonetheless found in favor of Gray in 2019. The U.S. District Court for the Central District of California overruled the verdict a year later, ruling that the ostinato Perry allegedly copied lacked the “quantum of originality” required to warrant [...]
Cheating On Exams May Just Have Gotten More Serious
Posting college exam questions online is a tried-and-true strategy practiced by less ethical students for decades. A Chapman University professor may have just found a way to hit back. Professor David Berkovitz of Chapman University’s George L. Argyros School of Business and Economics filed a complaint against five anonymous students in the U.S. District Court in California this past March. He found portions of midterm and final exam questions from his Spring 2021 Business Law course posted on an online forum for students called Course Hero. His complaint alleges that the students infringed his copyright right to “reproduce, make copies, distribute or create derivative works” when they posted the exams online without his permission. The exams were administered remotely due to the COVID-19 pandemic and contained clear notices against copying answers. Professor Berkovitz submitted applications for the material to the U.S. Copyright Office in February. The suit seeks a [...]
Battle Over Animal-Shaped Trademarks Heats Up
London-based retailer Marks & Spencer finds itself back in court - this time at the receiving end of a trademark infringement claim. Marks & Spencer recently sued German grocery chain Aldi, claiming the chain infringed its Colin the Caterpillar cake and Christmas glitter gin marks by selling similar looking items. Now, the British retailer is itself being sued by French fashion firm Lacoste for allegedly infringing its iconic crocodile logo. Lacoste claims that by using similar crocodile images on dungarees, duvet covers, and other clothing and accessories, M&S are creating a likelihood of confusion between the brands and taking advantage of the Lacoste crocodile mark. Last year Lacoste wrote to M&S demanding that it cease advertising and selling goods bearing crocodile logos or signs. M&S refused. Lacoste responded by asking a London court to impose an injunction against M&S and for an order for it to destroy all items [...]
What Can Be Claimed as Intellectual Property?
When working in a field where you’re creating or developing new ideas and materials, it can be complicated to know what is defined as intellectual property and who owns it — especially when you’re first getting started. Intellectual property deals with a wide range of concepts, from creative ideas to algorithms. This means that knowing how to identify intellectual property, its ownership, and the basics of it will help you immensely in the long run. How California Law Defines Intellectual Property To be able to determine whether something can be claimed as intellectual property, you first need to know what intellectual property is. The state of California defines intellectual property as creations of the mind — meaning ideas, inventions, and developments alike are all intellectual property. It is also something that can be protected under the law. Examples of intellectual property include (but are not limited to): Designs Art [...]