Legal Blog

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

Copyrights and Work Done for Hire

Posted by Brandon Selinsky on May 12, 2015 11:52:01 AM

Work Created for My Employer Eligible for Copyrights?

When you create a work that is normally protected by U.S. copyrights law, you normally assume that protection yourself, as the creator. But this is not always true. In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author and owns all of the rights that comes with the copyrights unless the parties have expressly agreed otherwise in a signed document.

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Topics: Intellectual Property, Copyright Law, copyrighting, IP attorney, work done for hire

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

Why So Sirius? The Turtles Win Copyright Protections Lawsuit

Posted by Brandon Selinsky on Nov 1, 2014 10:36:53 PM

What Requires Copyright Protections?

We live in a world where music, art and drama can be live at our fingertips. Just think back a few years to when YouTube didn't exist and live streaming radio stations on the internet such as Pandora and Sirius XM were ideas of the future. However, now, these are all everyday luxuries. Despite all of us being accustomed to having digital music streaming live all day, these digital music businesses have found themselves caught up in unfamiliar territory.

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Topics: Intellectual Property, Copyright Law, trademark attorneys in Colorado, trademark law

Can Broadcasters Protect Their Media Rights in their Broadcasts?

Posted by Brandon Selinsky on Nov 1, 2014 4:54:28 PM

What media rights, if any, are associated with broadcasts?

Fans of football, soccer, tennis, and even enthusiasts of the Olympic Games can all now enjoy listening and sharing in the excitement of these games through advanced broadcast technology.  Advances in the communications technologies such as cable, broadband, direct TV, mobile internet and satellite have transformed the viewing ability of millions across the globe.

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Topics: Intellectual Property, Copyright Law, 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

Copyright and a Monkey “SELFIE”

Posted by Brandon Selinsky on Aug 15, 2014 11:23:21 PM

Complicated Copyright?

Imagine this: a man is on the Indonesian island of Sulawesi taking photos of crested black macaques, when one of the monkeys takes the man’s camera and snaps a couple hundred photos. This isn’t the start of a bad joke or a fictional scenario; rather, it is the humorous start to what has become a widely publicized international copyright issue.

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Topics: Intellectual Property, Copyright Law, trademark law attorneys

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