Monday, December 29, 2014

Second Annual top OP-IP Intellectual Property News Stories

'Tis the season for the mainstream media to wax nostalgically over the past year's memorable events.  This past weekend, there was a reprieve from the "year in review" on at least one news outlet as CNN went into its trademark 24-7/wall-to-wall coverage of missing jetliners to report the disappearance of Asia Air Flight QZ8501.  Notwithstanding this one outlier, we are once again inundated with stories of the ALS Ice Bucket Challenge, the Republican takeover of the U.S. Senate, the polar vortex, etc.  Not to disappoint, here at OP-IP, we too, look back on the memorable blog posts of 2014.

In the tradition of Casey Casum once again enjoy the Top Ten OP-IP blog posts of 2014....

10.  Love on the Rocks:  Trademark Custody Battle When Going Through a Corporate Divorce

9. IP and Innovation: Are we heading for Star Trek or Star Wars as Science Fiction becomes Science Fact? 

8. GPS (Guidance for Patent-eligible Subject matter) to Direct the U.S. Patent Office in view of Alice Corp. v. CLS Bank Int'l and the USPTO Preliminary Instructions

7. Aereo's Online Streaming Broadcast TV Caught Between a Rock and a Hard Place

6. iPhone "dressed" in Blackberry's clothing?  The 'keys' to understanding a 'case' for trade dress infringement

5. Increasing wave of secret Internet communication

4. Supreme Court says, "'No, You CANNOT Hear Me Now!' Let Alone Search my Cellphone Unless you get a Warrant" in RILEY v. CALIFORNIA

3.Patented Tobacco Plant Genetically Engineered to Produce Antibodies Against Ebola gets Boost to Treat Dr. Kent Brantly and Nancy Writebol






2. “Stairway to Copyright Infringement”- Step one in Spirit's uphill climb to prove Led Zeppelin's 'Stairway to Heaven' infringes its copyright'



1. Disney's "Frozen" in Hot Water Over Alleged Copyright Infringement



Happy New Year 2015!




© Stephen J. Weyer 2014, 2015

Send email feedback- sweyer@stites.com

Wednesday, December 3, 2014

Love on the Rocks: Trademark Custody Battle When Going Through a Corporate Divorce


Companies often own valuable intellectual property including trademarks which companies use to identify themselves and their goods and service.  For example, the intellectual property rights may include the name of the business.  But what happens to the trademarks including company name if a company breaks up or splits apart.  For example, if a company splits in two or a partnership dissolves, who among the parties to the breakup owns the trademarks.

This breakup scenario is common place among musical bands where eventual break-ups strike a familiar cord.  Examples of this can be seen in the breakup or departure of members of the band Boston, Van Halen, Herman’s Hermits, the Animals, and New Edition to name just five.

One possible way to plan for the possible breakup is the use of an analogous tool to a prenuptial agreement prior to marriage.  A partnership agreement, articles of incorporation or like instrument, signed by the principals to the business entity, can spell out who will get the rights to trademarks including business name upon dissolution of the company.


© Stephen J. Weyer 2014
Send email feedback- sweyer@stites.com

Thursday, October 23, 2014

“Stairway to Copyright Infringement”- Step one in Spirit's uphill climb to prove Led Zeppelin's 'Stairway to Heaven' infringes its copyright

Led Zeppelin is being sued by the band Spirit for copyright infringement based on Zeppelin's immortal song which Spirit alleges lifted portions from its guitar instrumental, Taurus.  Spirit has advanced past step one in its upward climb to prove that "Stairway to Heaven" infringes Spirit's copyright by successfully defeating Led Zeppelin's initial Motion to Dismiss the copyright infringement suit.  However, Led Zeppelin has been invited to take the next step by submitting new evidence showing why a Motion to Dismiss should be granted.


Leaving the procedural issues aside, and turning now to substance of the debate, does "Stairway to Heaven" infringe Spirit's Taurus guitar instrumental?  In order to infringe an original work's copyright, the alleged infringing work must be deemed "substantially similar" to the original work and the alleged infringer has to have had "access" to the original work.  In this case, "access" would not appear to be an issue as Led Zeppelin and Spirit toured together in 1968 and 1969. 

Below are links to YouTube clips from Spirit's "Taurus" and  Led Zeppelin's "Stairway to Heaven."  See if you think that the opening notes in Stairway to Heaven are substantially similar to the middle guitar instrumental in Spirit's "Taurus" (e.g. starting around 0:43).  Since most are familiar with the iconic guitar progression in "Stairway to Heaven," I present Taurus first.  Please let OP-IP know what you think.









© Stephen J. Weyer 2014
Send email feedback- sweyer@stites.com