Intellectual Property Insights from Fishman Stewart PLLC
Newsletter – Volume 22, Issue 15
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Paris Hilton Heads to Copyright Small Claims Court
In June 2022, the newly created Copyright Claims Board (“CCB”) began hearing cases. The CCB is a small claims court run by the Copyright Office and it has seen quite a bit of action in the first few weeks since it opened with over fifty cases already filed.
One of the cases recently filed with the CCB has gained attention due to the celebrity status of one of the parties involved. The claimant Angela Jarman filed an action against Paris Hilton’s company 11:11 Digital for $12,000 in damages for copyright infringement. Jarman claims that she designed digital renderings of fairy wings, and that Hilton used those digital files without permission when Hilton posted images of herself wearing the wings on Instagram. Jarman’s online posting showing Hilton’s use of the subject fairy wings can be seen here.
Generally, federal courts have exclusive jurisdiction over copyright cases. Often, this presents an insurmountable paywall for individual artists and small businesses to vindicate their rights, especially where the value of the individual copyrighted works are relatively low. Many attorneys decline to take on cases where the cost of litigation outweighs any potential recovery. The CCB is aimed, in part, to remedy this issue.
The CCB hears three types of cases:
- Infringement cases filed by copyright owners;
- Declarations of non-infringement filed by those accused of copyright infringement; and
- Challenges to online takedown notices filed by copyright owners and counter-notices filed by alleged infringers under the Digital Millennium Copyright Act.
Unlike other small-claims courts where the parties must represent themselves, the CCB allows the parties to represent themselves or be represented by an attorney. The process is an optional alternative to Federal District Court action, and defendants in CCB small-claims proceedings can choose to opt out and have their day in court instead. However, there are some incentives for defendants to remain in CCB proceedings, including a lower cap on damages.
We will wait and see if 11:11 Digital decides to opt out of CCB proceedings. In that case, Jarman will have to pursue her case in federal court. In the meantime, we will keep you updated with any other developments and cases of interest.
Kristyn C. Webb is an associate attorney at Fishman Stewart and works in the firm’s trademark, copyright, and litigation practice groups. She is currently seeking a post graduate law degree in UK, EU, and US Copyright Law at King’s College London. Check out her full bio here.
Published July 22, 2022
Finny continues his adventures around the world!
Finny is now on Instagram! His account is @followfinny.
Sir Finnegan, known as “Finny” to his school of family and friends, is taking a trip to explore the diversity of intellectual property all around the world. If you see Finny on his journey, please take a picture of Finny and post it on social media with the hashtag #FollowFinny so we can track his progress. A plush toy of Finny is available to take home HERE.
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Both trademark law and copyright law may protect your logo, although the protection they provide differs. Trademark law would prohibit the unauthorized use of another’s logo that is sufficiently similar to your logo such that it is likely to cause confusion in the marketplace.
In the U.S., copyright protection generally does not extend to “useful” articles, like shoes, but can protect the designs on shoes, like that of the Yeezy Boost 350 sneakers. However, in Italy, the global fashion powerhouse since the 15th century, copyright law can protect shoes—like Moon Boots.
Under US copyright law, in most instances, if an independent designer creates your logo, then the independent designer, not you as the contracting party, would own the copyright.
Consumers have grown accustomed to seeing knock-off costumes based on popular celebrities and movie or book characters. Some of these knock-off costumes, while attempting to skirt intellectual property violations, are providing unexpected humor for shoppers.
Should a 19-year old’s consent to their NIL rights be binding as they mature? Should unilateral revocation of NIL rights be permitted?
Trademarks are an important aspect to a business’ success. They potentially are anything that could be perceived by consumers to identify one merchant’s goods or services.
After a 37-year absence, the United States Football League (“USFL”) returned this year for another season!… Or did it?
Mickey Mouse’s copyright is set to expire at the end of 2023—nearly 95 years after his first iteration, better known as “Steamboat Willie,” was created on October 1, 1928.
IDENTIFYING, SECURING AND ADVANCING CREATIVITY®
