After Michael Jackson’s death in 2009, defendant Vintage Pop Media LLC created several websites where they displayed and sold copyright protected property of Michael Jackson. This included “key art” from Jackson’s movie “This Is It”, audio recordings of his song “Destiny”, material from an anniversary DVD of “Thriller”, and an image of Michael Jackson performing…

When it comes to protecting their brand, many musicians or rightful owners of a musician’s brand have had to take matters to court over infringement disputes. For example, Experience Hendrix, L.L.C. and its wholly owned subsidiary Authentic Hendrix, L.L.C. (collectively “Experience Hendrix”) brought suit against Andrew Pitsicalis for trademark infringement. Experience Hendrix owns a number…

Nefarious individuals are everywhere waiting to infringe on your band’s trademark rights and merchandise. These people often set up outside the venue you are playing for the night and attempt to profit off your hard work and dedication. How can bands protect themselves, their registered marks, and general good will of their fans? Bands have…

What Is Trade Dress? Trade Dress is defined as: “the total appearance and image of a product, including features such as size, texture, shape, color or color combinations, graphics, and even particular advertising and marketing techniques used to promote its sale.” [1] Perhaps the most iconic trade dress is the Coca-Cola bottle. The shape and…

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