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Equitable Estoppel Defense to Intellectual Property Infringement Claims in International Trade

Posted by Brandon Selinsky on May 12, 2015 12:38:27 PM

Can an Equitable Estoppel Defense Win the Day in Intellectual Property Infringement Cases

This blog post will be the first of a series dealing with this subject.  In completing my LLC (Master of Laws) in International Business Transactions at the University of Denver Sturm College of Law, I spent the last 4 1/2 months studying the subject of Intellectual Property rights in an International Business Transactions setting.  This series of blogs will be about the International Trade Commission’s treatment of four affirmative defenses over the last ten years:  Collateral estoppel, waiver, laches, and acquiesces.  The author’s method of research involved reviewing a sampling of 85 International Trade Commission (ITC) decisions issued since January 1, 2005.  Most of these cases involved hundreds of filings and some were filed by Fortune 100 companies.  What this blog will deal with are the affirmative defenses raised in these cases, the elements of those defenses, and the Administrative Law Judges’ (ALJs’) treatment of those defenses.

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Topics: International Business, Trademark Attorney, Intellectual Property, Copyright Infringement, Copyright Law, international business

Disney Hit With A Copyright Infringement Suit For “Frozen”

Posted by Brandon Selinsky on Jan 6, 2015 8:21:00 AM

How similar is "similar" in a copyright infringement suit?

Frozen has very quickly captured the hearts of young children and adults all over the world.  It seems that every child, girl or boy knows the words to every song, and because of this, most parents have most likely seen the video at least once.  In addition to its popularity, this fan favorite animated movie has meant big business for Disney.  It could be Disney’s biggest film ever grossing $1.22 billion as of May of 2014, winning an Oscar for Best Animated Feature, and hosting the biggest selling soundtrack in the U.K. since Mamma Mia!  But could it be that the Frozen trailer is actually a copy of another animated film?  For animator Kerry Wilson, the trailer for Frozen is a copy of her 2-D animated short, The Snowman.  Wilson is so certain of this that she has filed a copyright infringement suit for infringement against Disney.

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Topics: Intellectual Property, Copyright Infringement, Copyright Law, copyright lawyers

Youtube Advertising and Copyright Infringement

Posted by Brandon Selinsky on Jan 5, 2015 8:09:14 AM

Can advertising on Youtube lead to copyright infringement?

YouTube, the ubiquitous video-sharing website now owned by Google, has become a launching ground for individuals and businesses seeking to increase their recognition.  Many international businesses have used the site as an inexpensive means of international marketing.  An effective YouTube channel or video can reach potential customers across the globe at a fraction of the cost of traditional advertising.  Red Bull’s YouTube channel is a great example of an effective use of YouTube.  However, many small businesses use the site as well, and when they do, they place themselves at risk of being sued if certain precautions aren’t taken.  Unfortunately, without in-house legal teams overseeing their every move, small businesses are at higher risk than large corporations.

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Topics: Intellectual Property, Copyright Infringement, Copyright Law, copyright lawyers, intellectual property law

Parody Protection From Copyright Infringement

Posted by Brandon Selinsky on Oct 4, 2014 10:29:45 PM

Is copyright infringement ever funny?

If you've ever watched TV, listened to the radio, or been to a movie, you have likely witnessed a parody, whether you were aware of it or not.  A parody is an “imitative work created to imitate or comment on an original work, its subject, author, style or some other target by means of satiric or ironic imitation.”  By its very definition, a parody draws upon an original work by either using the same scenes, plot, actors or music.

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Topics: Intellectual Property, Copyright Infringement, Copyright Law, intellectual property law

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