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 [...]

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 [...]

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 [...]

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, [...]

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 [...]

You deserve credit for your own ideas. Unfortunately, sometimes employers can claim that your ideas or the work that you’ve done with them are their own. Ownership of intellectual property in California can be difficult to determine, especially without the help of an experienced attorney. It gets particularly complicated when your employer is involved and your intellectual property becomes a question of employment. If you have concerns about whether your employer owns your intellectual property, it’s best to discuss your case with an experienced California intellectual property attorney. What Is Considered Intellectual Property in California? According to California law, intellectual [...]

Rap stars Drake and Chris Brown have asked a U.S. District Court in Florida to dismiss a copyright claim alleging that the pair “copied” another duo’s song when they wrote their 2019 hit “No Guidance.” Brandon Cooper and Timothy Valentine filed a claim against Drake and Brown in October, asserting that “No Guidance” was copied or principally “derived” from “the beat, lyrics, hook, rhythmic structure, metrical placement, and narrative context” of their song “I Love Your Dress.” The pair seek monetary damages including no less than 50 percent of all direct and indirect revenues generated by “No Guidance.” The attorneys [...]

Music streaming giant Pandora famously paid a $90 million dollar settlement in 2015 to many of the major record labels for streaming music produced before 1972 without the proper licensing under federal copyright law. Now, Pandora has found itself in hot water again for allegedly violating the copyright rights of artists. On February 7, 2022, the estates of Robin Williams and George Carlin filed suit in California Federal Court against Pandora for “willfully” streaming the late comedian’s routines without permission from the copyright holders. In its complaint, Los Angeles firm King & Ballow, representing the comedians’ estates, allege the legendary [...]

Defamation suits against public figures are notoriously difficult to maintain. Public figures are held to a higher burden of proof in defamation cases and, according to the Supreme Court’s landmark 1964 New York Times v. Sullivan case, must show not only that they were defamed, but that the defamatory statement was made according to the stringent “actual malice” standard. We witnessed how difficult it is to meet this standard just last week, when a federal jury in Manhattan returned a verdict against Sarah Palin in her defamation suit against the New York Times over a 2017 editorial linking the ex-politician [...]