June 19, 2008
Poison Sues Label for Royalties
In a lawsuit filed in California state court, the band Poison claims Capitol Records underpaid them royalties for years.
(Article with link to papers filed.)
(Article with link to papers filed.)
June 18, 2008
Motley Crue - Photograph Infringement Suit Filed
Toma v. Motley Crue, Inc. et al., No. 1:08-cv-03479 (N.D. Ill. complaint filed 6/17/08):
Santogold Faces TM Suit
New-to-the-spotlight Brooklyn artist Santogold, and her (indie) label Downtown Music / Lizard King Records, were sued for alleged trademark infringement of the SANTO GOLD mark by Santo Rigatuso a/k/a Santo Gold. (Stereogum article.)
Trademark Serial No. 77044349 for the standard character mark SANTOGOLD list Defendant Santi White as the registration applicant. Applicant lists use of the SANTOGOLD mark in the following goods and services: Downloadable video recordings featuring music; Musical video recordings; Pre- recorded CD's, video tapes, laser disks and DVD's featuring music; Prerecorded digital video disks featuring music; Video Disks featuring music; Video recordings featuring music; Visual recordings and audio visual recordings featuring music and animation; Entertainment services, namely live performances by a musical recording artist.
How does this compare to Plaintiff's alleged use of the SANTO GOLD mark? How does the absence of a registration for Plaintiff's mark affect his suit?
How does the pending status of Defendant's application affect any defense or claim on her behalf?
Read this document on Scribd: Santogold - Trademark letter as of date of suit
[Santo Rigatuso aka Santo Gold v. Santi White aka Santogold; Downtown Music LLC; Lizard King Records Inc., No. 08- CV-5475 (S.D.N.Y. complaint filed 6/17/2008)]
June 17, 2008
V2 Royalties Suit - NY State
Frederick Hibbert v. V2 Records Inc., No. 08-108334 (Sup.Ct., N.Y. Co. complaint filed 6/16/2008):
Alleged breach of a recording agreement: defendant failed to furnish accountings of the sale of the plaintiff's recording "True Love" as well as royalties owed from the album, on which the plaintiff performed with Bonnie Raitt and Eric Clapton.
Alleged breach of a recording agreement: defendant failed to furnish accountings of the sale of the plaintiff's recording "True Love" as well as royalties owed from the album, on which the plaintiff performed with Bonnie Raitt and Eric Clapton.
June 16, 2008
AP to Bloggers - Fair Use?
Saul Hansell, The Associated Press to Set Guidelines for Using Its Articles in Blogs, 6/16/08 New York Times - Business/Media:
The Associated Press, one of the nation’s largest news organizations, said that it will, for the first time, attempt to define clear standards as to how much of its articles and broadcasts bloggers and Web sites can excerpt without infringing on The A.P.’s copyright.
...which raises the question: can The AP define what infringes its copyright? Standards may provide guidelines to bloggers, but isn't it the Copyright Act (and the federal courts' interpretation thereof) that defines the standards as to what and what is not "fair use"?
More info here from the Electronic Frontier Foundation.
The Associated Press, one of the nation’s largest news organizations, said that it will, for the first time, attempt to define clear standards as to how much of its articles and broadcasts bloggers and Web sites can excerpt without infringing on The A.P.’s copyright.
...which raises the question: can The AP define what infringes its copyright? Standards may provide guidelines to bloggers, but isn't it the Copyright Act (and the federal courts' interpretation thereof) that defines the standards as to what and what is not "fair use"?
More info here from the Electronic Frontier Foundation.
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