Posts made in July, 2014

TTAB Decides “What Would Jesus Do” Trademark Battle

Posted by on Jul 15, 2014

After a six-year legal battle, Tyler Perry has officially won the trademark rights to “What Would Jesus Do.” Kimberly Kearney, a reality TV star, originally registered the mark in 2007 intending to use it for a reality show of her own. Months later, Perry registered the same phrase, and later moved to have Kearney’s rights to it canceled. So what went wrong for Kearney? Ultimately, the Trademark Trial and Appeal Board (TTAB) sided with Perry’s contentions that Kearney had abandoned the mark. See the decision.  In general terms, a mark will be deemed “abandoned” and void under the Trademark Act when “there has been no use of it in commerce in connection...

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Aereo’s Copyright Loss Leaves Much in the Clouds

Posted by on Jul 1, 2014

The Supreme Court recently held that Aereo, Inc., infringed on copyrights belonging to cable broadcasters, producers, distributors, and marketers with its online cable streaming service. See opinion here. As part of its service, Aereo provides each subscriber with their own antenna, which captures cable broadcasted airwaves. The system works similarly to a DVR, allowing a user to watch or record cable programming. The subscriber can access their personal antenna online, and view the programming moments after its original broadcast, or watch the recorded version later. When deciding the case, the Court focused on the issues of whether Aereo “performed,” or...

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