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Copyright Protection of Dance Choreography In The U.S. By Justin M. Jacobson & Jeffrey E. Jacobson Recently, several lawsuits were filed against Epic Games, the creator of the game “Fortnite,” for the alleged usage of protected dance choreography in their product.  In particular, the game developer was providing and monetizing “emotes.”  The in-game “emotes” are...
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Copyrights & Tattoos By Justin M. Jacobson & Jeffrey E. Jacobson Recent cases involving boxer Mike Tyson’s tribal tattoo displayed on an actor in the motion picture, The Hangover 2 as well as the increased usage in video-games of NFL, NBA and WWE “real life” characters, including reproducing identifiable tattoos that these athletes possess, has...
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Trademark Dilution of A Famous Mark By Justin M. Jacobson & Jeffrey E. Jacobson In addition to trademark infringement claims that we have discussed in a previous article, including claims of likelihood of confusion, a trademark owner may also claim trademark “dilution.”  This is where a trademark owner asserts that they own a famous mark...
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Copyright Infringement In The U.S. By Jeffrey E. Jacobson & Justin M. Jacobson In instances when an owner of a protected work, such as a book, motion picture, or a song, believes another party is utilizing the same work in violation of the original owner’s rights, that party may institute a copyright infringement suit.  In...
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A Look At Trademark Infringement In The U.S.By Justin M. Jacobson, Esq. Trademark law provides the exclusive right to use a mark to differentiate the goods or services of one person or business from those of another. A trademark commonly includes a word, phrase, logo, design or a combination of these, which are used in relation...
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A Look At Co-Publishing, Sub-Publishing, and Administration Agreements By Justin M. Jacobson, Esq. In a prior installment, we examined the traditional songwriter and music publisher relationship, including reviewing some standard clauses that an artist would find in many publishing arrangements.  We will now explore a few other contractual relationships that can exist between a music...
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.Trademark Law 101: Trademark Renewals For Marks Registered In The U.S. By Jeffrey E. Jacobson, Esq. & Justin M. Jacobson, Esq. After a trademark application has been successfully prosecuted and registered with the United States Patent and Trademark Office (U.S.P.T.O.), the owner still has on-going obligations, including the duty to preserve the registration in an...
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NBA 2K League 101: An Introduction To The NBA’s Fourth League By Justin M. Jacobson, Esq. With the global explosion and continued expansion of esports and professional gaming, one of the world’s most profitable traditional sports leagues, the National Basketball Association (NBA) established their fourth league, the NBA 2K League. The new competitive gaming league...
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Music Modernization Act Signed into Law By Jeffrey E. Jacobson, Esq. Congress recently passed the Orrin G. Hatch-Bob Goodlatte Music Modernization Act, which the President signed into law on October 11, 2018. This act, otherwise known as the MMA, creates a new governing body jointly run by music publishing companies.  This new entity will administer...
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Copyright Small Claims By Jeffrey E. Jacobson, Esq. Based on a 2013 study by the Copyright Office, legislation has been introduced in Congress to establish a “Small Claims” copyright adjudication system.  The current bill would create a three “judge” panel called the Copyright Claims Board within the Copyright Office.  This new tribunal will be modeled...
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