Tag Archives: trademark

Roundup of News & Reviews, September 5-11, 2011

Below is a selection of the news stories and book reviews related to law and the arts that caught my attention last week.

A U.S. district court has allowed a lawsuit brought against Hungary and its museums by the heirs of art collector Baron Mor Lipot Herzog to proceed. Herzog’s heirs brought the suit after unsuccessfully petitioning the Hungarian government for the return of art, collectively valued at more than $100 million, “most of which has been hanging in Hungarian museums, where it was left for safekeeping during World War II or placed after being stolen by the Nazis and later returned to Hungary” (NYT). Hungary argued that it was entitled to immunity under the United States Foreign Sovereign Immunities Act, but the court was not convinced. The lawsuit seeks the “the return of more than 40 artworks including paintings, sculptures and other works by El Greco, Lucas Cranach the Elder, Zubarán, van Dyck, Velázquez and Monet,” and “an accounting of all art from the Herzog family in its possession” (NYT). (Sources: New York Times, Clancco, Reuters, Hungary on Trial)

A California court has denied Madonna’s bid to have a trademark case against her over her Material Girl clothing line thrown out. Retailer LA Triumph claims it has been using the name for a clothing line since 1997 and that it owns the trademark. Madonna argues that her use dates back farther to her 1985 hit song. But the court concluded that Madonna’s argument was an insufficient basis for the summary judgment that she sought: “This Court and other courts have recognized that the singing of a song does not create a trademark.” Thus the case will continue on to trial. (Sources: Hollywood Reporter, BBC)

A Paris court has found that television newsreader Patrick Poivre d’Arvor breached the privacy of a former lover through his undisguised portrait of her in a 2009 novel Fragments of a Lost Woman. In addition to many details drawn from her life, the book included virtual word-for-word copies of eleven letters that she had written to him. Poivre d’Arvor argued that the book was a work of fiction based on his “numerous female conquests,” but the court was not persuaded, concluding: “The literary procedures used do not allow the reader to differentiate the characters from reality, such that the work cannot be qualified as fictional.” The court imposed a fine and a ban on reprinting of the novel. (Source: Telegraph)

Matthew Jones, author of the screenplay for Boot Tracks and the novel upon which it was based, is suing the director and producers of the film. He claims that they made unauthorized changes to the script which constitute a breach of an option agreement. His complaint reads in part: “Defendant Jacobson and Rattner promised that the screenplay would not be changed, that they understood the unique artistic integrity of the screenplay and that if changes did have to be made in order to secure financing that plaintiff would be the only one allowed to make said changes, which would be consistent with the authenticity of the novel.” In addition to breach of contract, Jones alleges copyright infringement and fraud. He is seeking damages and an injunction to prevent release of the film. (Source: Courthouse News, Hat tip: @Copycense)

Prompted by the impending release of an eagerly anticipated new film adaptation of John Le Carre’s Tinker, Tailor, Soldier, Spy with Gary Oldman playing the role of George Smiley, Robert McCrum has compiled a list of the best British spy novels. Click here to see his list and assess his choices. Has he left out any must-reads?

In an interview with the Guardian, A.D. Miller discusses his Booker-shortlisted novel Snowdrops which features as its narrator “a lonely, drifting, 30something expat lawyer, living in Moscow during the few-questions-asked oil boom.” Definitely one that I’m keen to read.

German lawyer and author Ferdinand von Schirach has garnered high praise for short stories based on his criminal defense work. But in his latest work of fiction, he has turned to the past, tackling his fraught family history. The soon to be published novel, Der Fall Collini, includes a character based on his grandfather who was leader of the Hitler Youth and ultimately convicted of crimes against humanity at the Nuremberg trials. The Guardian quotes from an interview that von Schirach did with Focus magazine: “If you grow up with a name like mine, by the time you are 15 or 16 at the latest, you have to ask yourself some basic questions and come up with some very basic answers that you can live with. It’s your responsibility.” His grappling with these questions through the medium of fiction will doubtless make for though-provoking reading. I don’t know when an English translation is due to be published, but I will certainly be watching for it.

Reviewer Joanna Hines is pleased to have discovered in Death in August, the first installment in a mystery series by Marco Vichi set in 1960s Florence, a new detective (Inspector Bordelli) “whose company will be an enduring pleasure.” She pronounces the book: “A real find for anyone who likes their crime novels atmospheric, discursive, humorous and thought-provoking.” Sounds very promising. (The Guardian)

New Building, New Books: A New School Year Dawns at Osgoode

The renovations to the Osgoode Hall Law School building were not quite finished in time for the start of the new school year, but close enough for us to move back in and reclaim it. After two years in temporary digs scattered about the York campus, it’s a joy for us all to be together again in one place. And what a place! The overwhelming impression for me is of light and space. Those of you familiar with the brutalist, bricked-in Osgoode of old will appreciate that this is an enormous and welcome change. I snapped a few photos (above) so that you can see for yourself.

Of course it wasn’t just the opportunity to photograph the new Osgoode against a blue sky backdrop that brought me up to school on a sunny Friday afternoon in what for me is a sabbatical year. It was the celebration of the publication of new books by two of my colleagues: Copyright, Communication and Culture: Towards a Relational Theory of Copyright Law by Carys Craig, and a second edition of Intellectual Property Law: Copyrights, Patents, Trade-marks by David Vaver. Both authors spoke eloquently about their books to whet our appetites for reading them.

Carys Craig riffed on the cover image of her book to convey something of its content. It’s a book that squarely takes aim at the dominant conception of copyright as private property. In it, she argues that this conception misrepresents authorship and the process of cultural creation in ways which, when translated into law, lead to the stifling rather than the stimulation of creativity and expression. She proposes instead a relational theory to underpin a copyright law that would better serve our social and cultural values. I haven’t done her presentation justice with that brief description. I tried to take careful notes but soon gave up as pretty much everything she said seemed worth writing down. Of course, this bodes very well for the book! Suffice it to say that it promises to be a most thought-provoking book and I’m very keen to read it.

David Vaver spoke a bit about what’s new in the second edition of his authoritative text. The attention paid to intellectual property by the Supreme Court of Canada in the fifteen years that have elapsed since the first edition was published necessitated significant expansion. But he devoted most of his speaking time to making a case for the importance and relevance of intellectual property law to other fields of law. He was preaching to the converted where I’m concerned (my advanced torts course covers all of the points of intersection between IP and torts that he mentioned), but the case he made was a convincing one by any measure. And he nicely tied the two themes of this post together for me with his opening gambit. We may think that we’re in a building right now, he said, but in fact we’re in a copyrightable architectural work. And what of the renovations? Might the modifications to the Osgoode building violate the moral rights of the original architect? An entertaining and enlightening afternoon all round.

Today’s book launch was just the first of many events to be held at Osgoode this year that are apt to be of interest to devotees of law and the arts. I will report on them here, and offer up a bit of advance notice as well for the benefit of those of you in the Toronto area who may wish to attend. We’d love to have you come visit us in our lovely, newly renovated building!

Weekend Roundup of News & Reviews, March 7-13, 2011

Below are links to some of the news stories and book reviews related to law and the arts that caught my attention this week.

Art collector Robert Wylde has filed suit against the Gagosian Gallery in U.S. federal court for selling him a painting, Mark Tansey’s The Innocent Eye Test (reproduced above), that was partially owned by the Metropolitan Museum of Art. Wylde claims that Gagosian neglected to tell him when making the sale in 2009 that the Met, “where the work had once been on display, already owned 31 percent of it and had been promised by its longtime owners that the museum would eventually get the whole thing.” Gagosian has issued a statement asserting that it sold the painting in good faith, not knowing that the seller did not have clear title, and indicating that it will “vigorously defend itself.” (NYT)

The Art Newspaper reports that the legal battle between Rick Norsigian and the Ansel Adams Publishing Rights Trust over negatives alleged to be lost Adams’ work has escalated. The story began a decade ago when Norsigian stumbled upon and purchased the cache of negatives at a garage sale. Norsigian has not had the negatives authenticated via forensic testing, but nevertheless, last year, began offering for sale prints and posters billed as “Ansel Adams’ Lost Negatives.” The Trust, which has the exclusive right to reproduce and distribute Adams’ images and to use his name, sued Norsigian for trademark infringement. Now, Norsigian “has launched a counter-suit, alleging slander, defamation, unfair competition, trade libel, civil conspiracy and wrongful interference with a prospective economic advantage.” In particular, Norsigian takes issue with comments made by the managing director of the Trust on CNN which cast aspersions on Norsigian and his authentication efforts. Further, Norsigian alleges that the Trust has pressured The Center for Creative Photography at the University of Arizona to discredit his claims thereby interfering with his economic activities. The Trust continues to express doubt that the negatives are the work of Ansel Adams, and asserts the necessity of protecting his legacy. (The Art Newspaper)

Performance artist Marina Abramovic has won a copyright infringement suit against filmmaker Pierre Coulibeuf and Regards Productions. The superior court in Paris has ordered the defendants to pay Abramovic €75,000 for infringement of her rights and “for damage [to] the integrity of her work.” Further, the court has ruled Abramovic to be co-author of the contested films. (Clancco, The Art Newspaper)

According to the Guardian, the justices of the UK Supreme Court are this week “busying themselves with a case consisting of the heady combination of Star Wars, stormtroopers’ protective millinery, clay modelling and international copyright enforcement.” The case is the culmination of a longstanding dispute between George Lucas and Andrew Ainsworth, who produced the final 3D version of the helmet worn by stormtroopers in the first Star Wars film, and who subsequently made and sold copies. At issue is “whether or not it is a ‘sculpture’ for the purposes of the Copyright, Designs and Patents Act,” and, further, whether “a claim for infringement of a US copyright [is] justiciable, and indeed enforceable, by an English court.” (Guardian)

Five soldiers have appealed their defamation suit against Mohammed Bakri, director of the documentary film Jenin, Jenin, to the Israeli Supreme Court. They allege that the film portrays them as war criminals. The lower court ruled that the film does defame Israeli soldiers as a group, but that no reasonable person would interpret the defamation as being directed at the plaintiffs, who neither appear nor are mentioned in the film, as individuals. Supporters of Bakri allege political persecution, noting that the former Attorney General has declared his support for the plaintiffs and joined their appeal. (Haaretz)

In an open letter to Prime Minister Essam Sharaf, archaeologists have called for the return of police to Egypt’s archaeological sites. They assert that “following the revolution that toppled President Hosni Mubarak last month, a new unprecedented wave of looting and vandalism took place at various sites,” and urge immediate action to protect Egypt’s heritage. (Discovery News)

Publishers Weekly reports that the U.S. Supreme Court “this week granted a writ of certiorari in a case, Golan v. Holder, that questions the constitutionality of a federal statute that restored copyright protection to thousands of foreign works, including symphonies by Shostakovich and Stravinsky, books by Virginia Woolf, artwork by Picasso, and films by Fellini and Hitchcock.” The statute in question is a 1994 amendment to the Copyright Act designed “to implement intellectual property treaties.” The challenge was mounted by “a group of orchestra conductors, educators, performers, publishers, film archivists and motion picture distributors who have relied on artistic works in the public domain for their livelihoods” and who argue that the amendment infringes their free speech rights. (Publishers Weekly, SCOTUS Blog, Wired)

Manju Kapur’s latest novel Custody is described in the Independent as a book “about the lives, loves and losses of wealthy, urban, middle-class Indians” in 1990s Dehli. But, Kapur says in an interview, it’s also “about child custody and the legal system. You can’t live in India and not be extremely furious about the legal system.” (The Independent)

Michael Eaude writes of Richard Zimler’s, The Warsaw Anagrams, a novel set in 1940-41 and featuring as narrator “a distinguished elderly psychoanalyst [who] has to leave his comfortable flat and move into the Warsaw Ghetto,” that it “is both a fast-moving, very readable mystery novel and a rich, serious book, in which Zimler makes us face the worst and pays tribute to those who died in the Holocaust.” (The Independent)

In a spotlight in the Telegraph, Gerard O’Donovan names his six favourite contemporary Irish crime novels⎯including on his list one of my own favourites, Tana French’s In the Woods⎯, and Val McDermid theorizes the enormous popularity of the genre in Ireland now.

In his classic crime column this week, Barry Turner highlights Gladys Mitchell’s Mrs. Bradley mysteries, and Ngaio Marsh’s Inspector Roderick Alleyn series. I have long been a fan of the former, and am keen to check out the latter. (Daily Mail)

Douglas Star’s The Killer of Little Shepherds “charts the gruesome crimes of a man dubbed ‘the French Ripper’, Joseph Vacher, who murdered, mutilated and sexually assaulted 11 people” in 1890s France and, reviewer Rebecca Armstrong tells us, it is “more than a true-crime blockbuster with a historical edge; it is an account of the dramatic birth of forensic science, and a memorial not to a serial killer but to the pioneering men who caught him.” Armstrong concludes: “Star has created a book with every bit as much tension as a thriller, as much detail as a meticulous police procedural, and a court-room drama that’s up there with the best.” (The Independent)

Weekend Roundup of News & Reviews, February 21-27, 2011

Below are links to some of the news stories and book reviews related to law and the arts that caught my attention this week.

Last month, Stephen Hillard and Cruel Rune LLC, the author and publisher of Mirkwood, a novel featuring J.R.R. Tolkien as a character, received a letter from the Tolkien estate threatening immediate legal action for violations of intellectual property unless all copies of the book are destroyed. But it is Hillard and Cruel Rune who are now taking preemptive legal action, seeking a declaration from a Texas court that the book, which they describe as “both a work of fiction and a critical analysis of the works of J.R.R. Tolkien,” is protected by the fair use doctrine and the First Amendment. Given the current popularity of works of fiction in which historical figures appear as characters (termed “faction” by one recent commentator), the implications of the case could be far-reaching. (THR, Esq., Courthouse News, Observer)

Fawzia Afzal-Khan has self-published her fictionalized memoir, Lahore With Love: Growing Up With Girlfriends Pakistani Style. It was published by Syracuse University Press last spring, but quickly spiked after the press received threats of legal action from a woman in Pakistan who alleges that one of the characters in the book is a defamatory portrait of her. The National Writers Union and others have criticized SUP for failing to champion the author and her right to freedom of expression, particularly in light of the protection now afforded by the U.S. SPEECH Act against the enforcement of foreign libel judgments. You can read SUP’s statement here, TWU’s statement here, and the author’s account of her experience here. (Inside Higher Ed, TDR, change.org)

The International Publishers Association is concerned about the fate of Shahla Lahiji, founder of Roshangaran, an Iranian press that publishes books on women’s issues, after she is said to have been named on a “blacklist, reportedly circulated by a chapter of Iran’s Basij militia at Khajeh Nasir University, contain[ing] names of Iranian publishers it thinks are displaying ‘evidence of soft overthrow and velvet revolution.’” (The Bookseller)

A UK teacher is waiting to hear from an employment tribunal whether she’s entitled to compensation for her 2009 dismissal. She was fired for gross misconduct over a short novel she wrote that was intended to get students in difficulty interested in reading by including them as characters. Though by all accounts the project succeeded in this aim, the controversy that led to her dismissal erupted when the book, replete with sexual references and swear words, was inadvertently made publicly available through an online self-publishing site. (Guardian)

On behalf of UK library users, a Birmingham-based human-rights law firm is mounting a court challenge to Somerset and Gloucestershire library closures on the basis that proposed cuts violate “the statutory obligation under the 1964 Public Libraries and Museums Act for local authorities to provide a ‘comprehensive and efficient library service for everyone wanting to use it.’” (Guardian)

The family of animator Max Fleischer has been unsuccessful in a bid to claim exclusive ownership of his creation, comic character Betty Boop. The U.S. Ninth Circuit Court of Appeals this week upheld a lower court ruling denying the family’s copyright and trademark claims on the basis that they were unable to prove a valid transfer to them in the intervening decades of the rights that Fleischer sold to Paramount Pictures in the 1940s. Of the trademark claim, Judge J. Clifford Wallace wrote: “If we ruled that Avela’s depictions of Betty Boop infringed Fleischer’s trademarks, the Betty Boop character would essentially never enter the public domain.” (THR Esq., WSJ, Clannco)

Accusations of plagiarism flew around the music world this week, leveled against Lady Gaga, Kanye West, and Britney Spears. Only the claim against Spears appears poised to spark a lawsuit, with the Bellamy Brothers complaining that her new single “Hold It Against Me” is “too close” to their 1979 hit “If I Said You Had A Beautiful Body Would You Hold It Against Me?”, and indicating that they “will without doubt take the appropriate legal action if [their] attorneys agree [they’ve] been ripped off.” (The Daily Beast, Jezebel, Starpulse)

Bunhill Fields cemetery in north London has attained the protected status of a Grade I designation on English Heritage’s register of parks and gardens of special historic interest. “The cemetery, founded in the 1660s as a burial ground for nonconformists, radicals and dissenters, holds the remains of John Bunyan, author of The Pilgrim’s Progress, Daniel Defoe, who wrote Robinson Crusoe, and the poet and artist William Blake, among thousands of others.” To see a slide show of photographs taken there by Graham Turner for the Guardian, click here. The photograph above and to the right is of the monument to Daniel Defoe. (Guardian)

John le Carré has donated his literary archive to Oxford’s Bodleian Library. The archive includes multiple drafts of his novels, and many boxes of correspondence and personal photographs. Le Carré was a student at Oxford, as was his most famous character, fictional Cold War spy George Smiley. “Oxford was Smiley’s spiritual home, as it is mine. And while I have the greatest respect for American universities, the Bodleian is where I shall most happily rest,” said le Carré. The Bodleian plans to make the archive available to researchers online. (Telegraph, Independent)

Kate Taylor profiles Anders Roslund and Borge Hellstrom, “a bestselling Swedish crime-writing duo with the most unlikely background: They met through a mutual interest in the rehabilitation of ex-cons.” The profile suggests that their books exemplify the best qualities of the current wave of Swedish crime fiction with which they are associated in that they simultaneously provide entertainment and social commentary. (Globe & Mail)

Vit Wagner highlights the best of Canadian crime fiction in an article primarily focused on author Ian Hamilton whose debut novel, The Water Rat of Wanchai, the first installment in a Toronto-based mystery series featuring forensic accountant Ava Lee as sleuth, has just been released to rave reviews. (Toronto Star)

James Bartleman talks with Mark Medley about his first novel, As Long as the Rivers Flow, which centres on the residential school experience of the main character and its aftermath. “It’s not, Bartleman says, ‘an indictment of white society,’ but rather a novel showing how a wrong committed against one person can echo for generations.” He hopes “that this book would appeal to marginalized people everywhere.” (National Post)