Update On “Heisman Pose” Copyright Suit

March 18, 2013

Last week we noted the copyright infringement action filed by Brian Masck against Sports Illustrated, Getty Images, Desmond Howard and others relating to unauthorized use of  Masck’s photograph of Howard celebrating a touchdown in 1991 by striking the Heisman pose.  See earlier STORY. Sunday’s Detroit Free Press noted that Howard has vowed to fight, expressing incredulity that he can be sued [...]

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ED Mich Slips In 2012 Ranking Of Patent Filings

March 14, 2013

In this month’s Federal Circuit Bar Association Newsletter, James C. Pistorino and Victoria Q. Smith of Perkins Coie presented an analysis of 2012 patent litigation activity. Using the PACER database, the analysis noted that the U.S. District Court for the Eastern District of Texas, which had slipped behind the District of Delaware in patent cases [...]

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Comment on Gunn v. Minton and “Arising Under” Jurisdiction

March 13, 2013

For a review and comment on the U.S. Supreme Court’s Gunn v. Minton case, including why it ignores several practical and policy concerns about state court determinations of patent law issues, take a look at my recent article: “Gunn v. Minton: The Supreme Court Pokes Another Hole In Exclusive Federal Jurisdiction Over Patent Rights.”  The [...]

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State Bar IP Section Spring Meeting Scheduled for March 25, 2013

March 12, 2013

[Moved to Top - 3/12/13] One last reminder that the State Bar of Michigan IP Section has organized an outstanding spring IP seminar this year.  Speakers include Acting USPTO Director Teresa Stanek Rea, former Commission of Patents Bob Stoll, and many others.  The meeting will be at the Kellogg Center in East Lansing on March [...]

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“Heisman Pose” Photographer Sues Sports Illustrated, Getty Images, Desmond Howard and Others For Copyright Infringement

March 11, 2013

Masck v. Sports Illustrated, et al., Case No. 2:13-cv-10226-GAD-DRG (E.D. Mich., filed Jan. 18, 2013). The Detroit Free Press points out that in January, Brian Masck, a local photographer who took the iconic photograph of Desmond Howard striking the “Heisman” pose following Howard’s 93-yard punt return for a touchdown against Ohio State in 1991, filed suit against [...]

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DJ Borman Grants SJ Of Trademark Infringement, Citing “Downstream Confusion”

March 6, 2013

Coach, Inc. v. Richie’s Playhouse, Inc., No. 11-cv-12638, 2013 WL 594243 (E.D. Mich. Feb. 15, 2013). U.S. District Judge Paul D. Borman granted Coach, Inc.’s motion for partial summary judgment for trademark infringement and counterfeiting against Richie’s Playhouse, Inc. d/b/a/ Luxury Replicas.  The court noted that while the alleged sales of knock-off Coach bags may [...]

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USPTO, AutoHarvest Announce New Collaboration To Fuel Innovation In Automotive Industry

March 6, 2013

The U.S. Patent and Trademark Office and AutoHarvest have just announced a collaboration to support innovation and technology development and sharing among companies in the automotive industry. The organizations will further work to create an online environment for innovators to exchange information, facilitate technical discussions, and encourage the growth of entrepreneurial activities.  The USPTO press release is [...]

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USPTO Detroit Office To Host “Patents On Saturday” March 9

March 3, 2013

The Elijah J. McCoy Detroit Satellite Patent Office will be hosting a public program on patent and trademark this Saturday, Mar 9, 2013 fro m 8:30 am to 4:30 pm. Speakers will include Robin O. Evans, Regional Manager of the Detroit Office, Leena Lalwani, of the Patent and Trademark Resource Center at the University of Michigan, Michael [...]

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DJ Roberts Rules That Infringement Complaint Is Sufficiently Specific To Survive MTD

February 28, 2013

Magna Mirrors of America, Inc. v. 3M Co., Case No. 07–10688, 2013 WL 625721 (E.D. Mich. Feb. 20, 2013). In a recent ruling on a motion to dismiss, U.S. District Judge Victoria A. Roberts denied defendant 3M Company’s (3M) motion to dismiss for failure to state a claim under Fed. R. Civ. P.  12(b)(6), holding [...]

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Godfather Of Funk’s Next Gig Apparently At Ninth Circuit

February 27, 2013

In a case with local connections, the Godfather of Funk, George Clinton, is appealing a district court order from the Northern District of California that essentially awarded the copyrights to four of his funk masterpieces to the Hendrick & Lewis law firm to settle an outstanding $1.5 million legal bill. The dispute arises from Clinton’s [...]

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