Tag Archives: dastar

false advertising of copyright ownership of songs not preempted, court rules

Posted on November 16, 2017 by

Carter v. Pallante, 256 F. Supp. 3d 791 (N.D. Ill. 2017) Tollie Carter sued, as relevant here, alleging that ARC, Fuji, and BMG infringed his copyrights in certain songs by selling unauthorized licenses to third parties, who in turn publicly … Continue reading →

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When life gives you Lemonade: court preserves copyright complaint against Beyoncé

Posted on July 31, 2017 by

Estate of Barré v. Carter, No. 17-1057, 2017 WL 3188489 (E.D. La. Jul. 25, 2017) Plaintiffs alleged that they owned in the copyright in two YouTube videos created by Anthony Barré, a performance comedian and music artist from New Orleans … Continue reading →

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false advertising claim based on (c) ownership not preempted, court rules

Posted on June 14, 2017 by

Carter v. Pallante, 2017 WL 2506419, No. 16 C 6786 (N.D. Ill. Jun. 9, 2017) Tollie Carter has sued Maria A. Pallante (now acting Register Karyn Temple Claggett) in her capacity as the Register of Copyrights, as well as ARC/Conrad … Continue reading →

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allegedly false claims of official endorsement by Trump can be false advertising

Posted on May 10, 2017 by

Bobbleheads.com, LLC v. Wright Brothers, Inc., 2017 WL 1838932,  No. 16-CV-2790 (S.D. Cal. May 8, 2017) Bobbleheads.com makes bobbleheads, including the Hillary Clinton Striped Prison Pantsuit Bobblehead, an application for copyright registration for which was filed Sept. 2, 2016 (and … Continue reading →

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Dastar bars TM claim based on unlicensed copying of footage

Posted on April 24, 2017 by

Fioranelli v. CBS Broadcasting Inc., No. 15-CV-952, 2017 WL 1400119, — F. Supp. 3d – (S.D.N.Y.  Jan. 19, 2017) Fioranelli, a photojournalist who was one of four reporters allowed to enter the World Trade Center site on September 11, 2001, … Continue reading →

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Don’t try to make a Lanham Act case out of a copyright case

Posted on April 13, 2017 by

Lieb v. Korangy Pub’g, Inc., 2016 WL 8711195, No. 15-CV-40 (E.D.N.Y. Sept. 30, 2016) The Second Circuit isn’t a good place to try to plead around Dastar.  Lieb sued Korangy for copyright infringement and deceptive business practices based on alleged … Continue reading →

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Use of P’s photos to advertise D’s goods must be challenged via copyright, not Lanham Act, under Dastar

Posted on February 15, 2017 by

Barn Light Electric Company, LLC v. Barnlight Originals, Inc., 2016 WL 7135076, No.14–cv–1955 (M.D. Fla. Sept. 28, 2016) Plaintiff BLE, owned by the Scotts, sells light fixtures to consumers over the internet. Defendant Hi–Lite, owned by the Ohais, makes light … Continue reading →

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