Two years ago we wrote about Floe & Eddie, Inc.’s, attempt to obtain royalties from SiriusXM for performances of the Turtle’s pre-February 1972 sound recordings. Floe & Eddie filed claims in California, New York, and Florida seeking to obtain royalties for performances of their recordings under state common law. You may recall that for pre-February 1972 sound […]

Dennis Crouch in his Patently O blog considers the possible effects of the Trump administration on the patent system, and particularly, the effects of the anti-globalization platform on which Mr. Trump ran.  Mr. Crouch makes the very interesting observation that at its heart the patent system shifts wealth – from competitors and consumers to patent holders.  […]

It’s crazy that a standard tune such as “Happy Birthday” sung by millions worldwide in a multitude of languages could actually be claimed “private property” subject to copyright protection.  Now we learn that another famous song, “We Shall Overcome” is also subject to a copyright dispute. The New York Times has reported extensively on the […]

Question on a Keyboard

Dear Doc: RAH, RAH, REE, KICK ‘EM IN THE KNEE RAH, RAH, RASS, KICK ‘EM IN THE OTHER KNEE!!!!! YAAAAAAYYYYY! GO TEAM!!!!! Uh…oh yeah! I got a question… I know that clothes can’t be protected by registering a copyright in them, but what about all those fancy stripes, circles, and doodads on my little cheerleader […]

In many areas of the law, excessive delay in pursuing a right can be a defense in a later lawsuit.  The defense is known as ‘laches’ and is based on fairness – by delaying the litigation, the person asserting the right has acquiesced in the other party’s conduct.  Historically, the fairness-based laches defense applies only […]

The  Buck Rogers comic strip and its many spin-off novellas, films, television series, and toys introduced Americans to the dream and adventure of space travel.  Legal conflicts over possession of the rights to Buck Rogers have been more mundane but just as long lived. The comic strip, which debuted in 1929, was developed by Philip Francis […]