Author: Max Hacker

7 years’ inaction: an easy mark for Ludacris?

First, you need to know that Demitri Brown and Donna Evans-Brown used to have a trademark for “Disturb the Peace,” which they claim to have been using since 1988, but their federal trademark was cancelled in 2004. Second, you need to know that Christoper Bridges, nee Ludacris, has several trademark registrations that incorporate “Disturbing Tha Peace,” in use continuously since 2000 when he founded “Disturbing Tha Peace Records.” Third, you need to know how a trademark gets cancelled: don’t monitor it!  In 2003, Ludacris petitioned the Trademark Trial and Appeals Board to cancel the Browns’ trademark claiming they weren’t using it;  a default judgment was entered in 2004 because the Browns never responded. In 2011, the Browns’ petition to reinstate their mark was denied because the appeals board said seven years was too long a time to contest the decision, given that Ludacris had registered multiple marks and spent more than $1 million dollars “marketing, advertising, and promoting” his trademarks. Fourth, you have probably guessed that the Browns have filed a federal copyright infringement lawsuit against Ludacris. It’s in a Texas federal court with U.S. District Judge Jorge A. Solis presiding. Lastly, while awaiting action in that suit, judicial notice to Michael Cohen for highlighting the importance of monitoring registrations when a notice is sent by the appeals...

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Mass filing in video case draws judge’s ire

As has occurred, notably in print and photo matters, copyright trolls seek to make money by suing multiple defendants for infringement. The main intent in these cases is to make ISP address-holders pay to settle. This litigation should require finding the actual infringer, who can be held liable, but often results in demands for tracking IP addresses to an ISP account holder, who may not be the infringer. The blog We R’ Pirates reports that Chief U.S. Magistrate Judge Leo T. Sorokin in Massachusetts denied motions for early discovery and tongue-lashed plaintiffs in three copyright suits (documents courtesy of Beckerman Legal) involving claims of infringement over alleged downloads of porn movies; all sought discovery for names of account holders, while showing no interest in finding infringers. As Sorokin noted: “The omission of any written request for depositions in the Plaintiffs’ renewed motions for discovery speaks volumes about the Plaintiffs’ lack of interest in actually litigating these cases.” He also rebuked “Plaintiff Patrick Collins, Inc.[who] has sued at least 11,570 John Doe Defendants in litigation around the country without ever serving a single defendant.” He expressed his displeasure that the litigation aimed to settle with the defendants rather than amend complaints to seek infringers. Further, he said, plaintiffs showed no “reasonable discovery plan” to identify   defendants, so there was “no path forward for service” of them. He gave them a...

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The Biederman Blog is now ranked NUMBER ONE on Feedspot's Top 20 Entertainment Law blogs (May 2018). It is very exciting to top this list. We are extra proud of number six - Entertainment Law Offices of Gordon P. Firemark. Mr. Firemark graduated from Southwestern in 1992, and is a top entertainment blogger and webinar presenter in addition to being a world class entertainment attorney!

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