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- Stopping Internet Copyright Infringement Short of Filing Suit
by Tara Montgomery Madison “Someone is using my photos and website design on the internet without permission. What can I do?” These questions arise more and more with the increased use of the internet in business. The technical answer is that you have a potential claim for copyright infringement. Filing a federal lawsuit under the Copyright Act, however, is not a realistic option for many businesses, particularly when monetary damages may not be at issue. The goods news is that with the enactment of the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C 512, victims of internet copyright infringement now have a more practical option for achieving the desired result – removing the infringing material from the internet – without filing a lawsuit. The DMCA gives internet service providers (“ISPs”) limited liability for copyright infringement in return for promptly removing copyright infringing material from the .... - Jury Sides with the Wham-O Slip 'N Slide
by James R. Chastain, Jr. A jury in California issued a $6 million verdict against SLB Toys USA, Inc. (also known as ToyQuest) in favor of Wham-O, Inc., the manufacturer of the famous backyard yard toy, the Slip ‘N Slide. Wham-O owns two registrations for design marks for water slides which include the color yellow as part of the registration. Wham-O claimed that its famous yellow water slide has become an instantly recognizable iconic symbol of summer fun, and is famous among both children and adults. Wham-O sued Toy Quest for trademark infringement, dilution, and false advertising, claiming ToyQuest knocked off its product by using a confusing color scheme. The jury concluded that Toy Quest willfully infringed the trademarks for the yellow water slides. It awarded $3.6 million in damages and ordered enhanced damages in the amount of $2.4 million in order to compensate Wham-O and make ToyQuest infringement unprofitable. Wham-O’s president stated that it will take all .... - Carol Burnett Action Tossed Based On Fair Use
by James R. Chastain, Jr. On April 23, 2006, Twentieth Century Fox Film Corporation aired an episode of “Family Guy” entitled “Peterotica.” In this episode, Peter Griffin, who was an Archie Bunker-like character, enters a porn shop with his friends and comments that the porn shop is cleaner than he expected. One of Peter’s friends explains that Carol Burnett works part-time as a janitor. At this point, an animated character resembling the “Charwoman” from the Carol Burnett Show appears mopping the floor near several blow-up dolls and a rack of “XXX” movies. At this point, a slightly modified version of Carol Burnett’s theme song is playing in the background. One of Peter’s friends remarks, “You know, when she tugged her ear at the end of the show, she was really saying good night to her mom.” Another friend responded, “I wonder what she tugged to say good night to her ....
