copyright Archives - Klein Moynihan Turco

Legal Concerns for Social Media Influencers: Intellectual Property

6 Comments / Blog, Online Marketing & Advertising Law, Trademark & Copyright Law / David Klein

Social media influencers (“Influencers”) are people whose online popularity and relevance grant them influence over others within their social sphere. Such influence makes them highly attractive to advertisers. Typically, influencers create and post content (ex., photos, videos, and live streams) on social media platforms (ex., YouTube, Instagram, TikTok, and Twitch). Influencers earn income through ad dollars […]

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Work-For-Hire Clauses and Agreements: One Key to Intellectual Property Ownership

12 Comments / Blog, Trademark & Copyright Law / David Klein

What is a Work-for-Hire? A “work made for hire” (“work-for-hire”) is a work created by an employee as part of her or his job and, in some circumstances, an independent contractor, where all parties agree in writing that the work created by such an indepedent contractor should be considered a work-for-hire. A work-for-hire is considered

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Trademark and Copyright Law- Klein Moynihan Turco LLP

Marketing Online? Be Mindful of Trademark and Copyright Law

Blog, Online Marketing & Advertising Law / David Klein

Online marketing is a common tool that businesses use to bring attention to their respective goods and services. When initiating online marketing campaigns, businesses must be careful to both protect their intellectual property and not infringe upon the intellectual property of others. When discussing intellectual property issues that need to be considered in the online

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Right of Publicity Punch: Bruce Lee Enterprises Sues Kungfu Catering

Blog, Data & Privacy Law, Online Marketing & Advertising Law, Trademark & Copyright Law / David Klein

December 30th, 2019 Over the years, the estate of Bruce Lee, organized under the corporate name of Bruce Lee Enterprises, LLC (“BLE”), has endeavored to protect the Bruce Lee brand by filing various lawsuits throughout the world. BLE’s latest lawsuit seeks $30 million from the Chinese-based restaurant chain, Kungfu Catering Management (“KCM”), for its alleged

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“Dirty Dancing” Trademark Dilution Claims Reinstated

Leave a Comment / Blog, Journal, Trademark & Copyright Law / David Klein

August 5, 2016 This March, we reported on a California federal court’s dismissal of Lions Gate Entertainment Inc.’s (“Lions Gate”) trademark and unfair competition claims against TD Ameritrade Holding Corporation, a number of its subsidiaries (“TD”) and ad agency Havas Worldwide New York, Inc. (“Havas”) in connection with the Defendants’ “Dirty Dancing”-themed ad campaign. This Monday,

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Discovery Dispute Lingers in “Stairway to Heaven” Copyright Infringement Case

Allegedly Infringing Ad Campaign: Trademark Claims Preempted by Copyright

Leave a Comment / Blog, Journal, Trademark & Copyright Law / David Klein

March 30, 2016 Nobody puts Lions Gate Entertainment Inc.’s (“Lions Gate”) Dirty Dancing brand in a corner – except for a California federal district court and an allegedly infringing ad campaign. Why were Lions Gate’s trademark and unfair competition claims preempted by copyright?

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