New Voices, New Visions 2009-10
Total Page:16
File Type:pdf, Size:1020Kb
Load more
Recommended publications
-
Mattel V Walking Mountain Productions.Malted Barbie
FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT MATTEL INC., a Delaware Corporation, No. 01-56695 Plaintiff-Appellant, C.D. Cal. No. v. CV-99-08543- RSWL WALKING MOUNTAIN PRODUCTIONS, a California Business Entity; TOM N.D. Cal. No. FORSYTHE, an individual d/b/a CV-01-0091 Walking Mountain Productions, Misc. WHA Defendants-Appellees. MATTEL INC., a Delaware No. 01-57193 Corporation, Plaintiff-Appellee, C.D. Cal. No. CV-99-08543- v. RSWL WALKING MOUNTAIN PRODUCTIONS, N.D. Cal. No. a California Business Entity; TOM CV-01-0091 FORSYTHE, an individual d/b/a Misc. WHA Walking Mountain Productions, Defendants-Appellants. OPINION Appeal from the United States District Court for the Central District of California Ronald S.W. Lew, District Judge, Presiding and United States District Court for the Northern District of California William H. Alsup, District Judge, Presiding Argued and Submitted March 6, 2003—Pasadena, California 18165 18166 MATTEL INC. v. WALKING MOUNTAIN PRODUCTIONS Filed December 29, 2003 Before: Harry Pregerson and Sidney R. Thomas, Circuit Judges, and Louis F. Oberdorfer, Senior District Judge.* Opinion by Judge Pregerson *The Honorable Louis F. Oberdorfer, Senior Judge, United States Dis- trict Court for the District of Columbia, sitting by designation. 18170 MATTEL INC. v. WALKING MOUNTAIN PRODUCTIONS COUNSEL Adrian M. Pruetz (argued), Michael T. Zeller, Edith Ramirez and Enoch Liang, Quinn Emanuel Urquhart Oliver & Hedges, LLP, Los Angeles, California, for the plaintiff-appellant- cross-appellee. Annette L. Hurst (argued), Douglas A. Winthrop and Simon J. Frankel, Howard, Rice, Nemerovski, Canady, Falk & Rab- kin, APC, San Francisco, California, and Peter J. -
Who Is Really Protecting Barbie
University of Miami Law School Institutional Repository University of Miami Inter-American Law Review 7-1-2008 Who is really protecting Barbie: Goliath or the Silver Knight? A defense of Mattel's aggressive international attemps to protect its Barbie copyright and trademark Liz Somerstein Follow this and additional works at: http://repository.law.miami.edu/umialr Part of the Comparative and Foreign Law Commons, and the International Law Commons Recommended Citation Liz Somerstein, Who is really protecting Barbie: Goliath or the Silver Knight? A defense of Mattel's aggressive international attemps to protect its Barbie copyright and trademark, 39 U. Miami Inter-Am. L. Rev. 559 (2008) Available at: http://repository.law.miami.edu/umialr/vol39/iss3/7 This Comment is brought to you for free and open access by Institutional Repository. It has been accepted for inclusion in University of Miami Inter- American Law Review by an authorized administrator of Institutional Repository. For more information, please contact [email protected]. Who is really protecting Barbie: Goliath or the Silver Knight? A defense of Mattel's aggressive international attempts to protect its Barbie copyright and trademark Liz Somerstein* INTRODUCTION .............................................. 559 I. LEGAL REALISM: AN OVERVIEW ....................... 562 II. MATTEL'S AMERICAN BATTLE: MATTEL, INC. V. WALKING MOUNTAIN PRODUCTIONS ................... 563 A. The Walking Mountain case: Background ........ 565 B. The Walking Mountain Court's Analysis ......... 567 i. Purpose and character of use ................ 568 ii. Nature of the copyrighted work .............. 570 iii. Amount and substantiality of the portion u sed ......................................... 570 iv. Effect upon the potential market ............ 571 III. AT LOOK AT WALKING MOUNTAIN UNDER THE LEGAL REALIST LENS ....................................... -
An Overview of Legal Protection for Fictional Characters: Balancing Public and Private Interests Amanda Schreyer
Cybaris® Volume 6 | Issue 1 Article 3 2015 An Overview of Legal Protection for Fictional Characters: Balancing Public and Private Interests Amanda Schreyer Follow this and additional works at: http://open.mitchellhamline.edu/cybaris Part of the Intellectual Property Law Commons Recommended Citation Schreyer, Amanda (2015) "An Overview of Legal Protection for Fictional Characters: Balancing Public and Private Interests," Cybaris®: Vol. 6: Iss. 1, Article 3. Available at: http://open.mitchellhamline.edu/cybaris/vol6/iss1/3 This Article is brought to you for free and open access by the Law Reviews and Journals at Mitchell Hamline Open Access. It has been accepted for inclusion in Cybaris® by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. © Mitchell Hamline School of Law Schreyer: An Overview of Legal Protection for Fictional Characters: Balanci Published by Mitchell Hamline Open Access, 2015 1 Cybaris®, Vol. 6, Iss. 1 [2015], Art. 3 AN OVERVIEW OF LEGAL PROTECTION FOR FICTIONAL CHARACTERS: BALANCING PUBLIC AND PRIVATE INTERESTS † AMANDA SCHREYER I. Fictional Characters and the Law .............................................. 52! II. Legal Basis for Protecting Characters ...................................... 53! III. Copyright Protection of Characters ........................................ 57! A. Literary Characters Versus Visual Characters ............... 60! B. Component Parts of Characters Can Be Separately Copyrightable ................................................................ -
Interns Volunteer at TMC Health Fair
Vol. 26, Issue 4 | July/August 2014 Page 4 Cleveland University quick quiz Wanna win big? inVol. 26, Issue 4 | July/August 2014touch It’s fun and easy to play. And you really A newsletter for the students, faculty & staff of Cleveland University-Kansas City don’t need a big brain to win. Just do a little research, either on the Interns volunteer at TMC health fair leveland Chiropractic College Linda Gerdes, community outreach Internet or otherwise, Pe ter Conce again answered the call manager, worked with Moore and Dr. to serve others as a large contingent Debra Robertson-Moore to prepare for and you’ll be well of Clevelanders participated in the 4th the health fair. Although the commit- on your way! Annual Touchdown Family Fest, July 19 ment of time and energy were substan- at Arrowhead Stadium in Kansas City. tial, the results were worth the effort. Sponsored by Truman Medical Center “There is a lot of time and work in- To enter the “Quick Quiz” (TMC), the day-long event offered free, volved in organizing such a large event,” basic health care services to those in need, Gerdes said. “But when you see all the trivia contest, submit your That’s so totally random. including dental and vision screenings for people you are helping, it makes all the answer either via email to children and adults, as well as adult phys- hard work worth it, and hopefully teaches [email protected] A little more than nine years ago, we launched the first in a series of “totally random” trivia questions icals and youth sports physicals. -
Song Title Version 1 More Time Daft Punk 5,6,7,8 Steps All 4 L0ve Color Me Badd All F0r Y0u Janet Jackson All That I Need Boyzon
SONG TITLE VERSION 1 MORE TIME DAFT PUNK 5,6,7,8 STEPS ALL 4 L0VE COLOR ME BADD ALL F0R Y0U JANET JACKSON ALL THAT I NEED BOYZONE ALL THAT SHE WANTS ACE OF BASE ALWAYS ERASURE ANOTHER NIGHT REAL MCCOY BABY CAN I HOLD YOU BOYZONE BABY G0T BACK SIR MIX-A-LOT BAILAMOS ENRIQUE IGLESIAS BARBIE GIRL AQUA BLACK CAT JANET JACKSON BOOM, BOOM, BOOM, BOOM!! VENGABOYS BOP BOP BABY WESTUFE BRINGIT ALL BACK S CLUB 7 BUMBLE BEE AQUA CAN WE TALK CODE RED CAN'T BE WITH YOU TONIGHT IRENE CANT GET YOU OUT OF MY HEAD KYLIE MINOGUE CAN'T HELP FALLING IN LOVE UB40 CARTOON HEROES AQUA C'ESTLAVIE B*WITCHED CHIQUITITA ABBA CLOSE TO HEAVEN COLOR ME BADD CONTROL JANET JACKSON CRAZY FOR YOU MADONNA CREEP RADIOHEAD CRY FOR HELP RICK ASHLEY DANCING QUEEN ABBA DONT CALL ME BABY MADISON AVENUE DONT DISTURB THIS GROOVE THE SYSTEM DONT FOR GETTO REMEMBER BEE GEES DONT LET ME BE MISUNDERSTOOD SANTA ESMERALDA DONT SAY YOU LOVE ME M2M DONT TURN AROUND ACE OF BASE DONT WANNA LET YOU GO FIVE DYING INSIDE TO HOLDYOU TIMMY THOMAS EL DORADO GOOMBAY DANCE BAND ELECTRIC DREAMS GIORGIO MORODES EVERYDAY I LOVE YOU BOYZONE EVERYTHING M2M EVERYTHING COUNTS DEPECHE MODE FAITHFUL GO WEST FATHER AND SON BOYZONE FILL ME IN CRAIG DAVID FIRST OF MAY BEE GEES FLYING WITHOUT WINGS WESTLIFE FOOL AGAIN WESTLIFE FOR EVER AS ONE VENGABOYS FUNKY TOWN UPS INC GET DOWN TONIGHT KC & THE SUNSHINE BAND GET THE PARTY STARTED PINK GET UP (BEFORE THE NIGHT IS OVER) TECHNOTRONIC GIMME GIMME GIMME ABBA HAPPY SONG BONEY M. -
Mattel, Inc. V. MCA Records, Inc.: Let's Party in Barbie's World - Expanding the First Amendment Right to Musical Parody of Cultural Icons
Loyola of Los Angeles Law Review Volume 36 Number 3 Symposium: ICANN Governance Article 7 3-1-2003 Mattel, Inc. v. MCA Records, Inc.: Let's Party in Barbie's World - Expanding the First Amendment Right to Musical Parody of Cultural Icons Tamar Buchakjian Follow this and additional works at: https://digitalcommons.lmu.edu/llr Part of the Law Commons Recommended Citation Tamar Buchakjian, Mattel, Inc. v. MCA Records, Inc.: Let's Party in Barbie's World - Expanding the First Amendment Right to Musical Parody of Cultural Icons, 36 Loy. L.A. L. Rev. 1321 (2003). Available at: https://digitalcommons.lmu.edu/llr/vol36/iss3/7 This Notes and Comments is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. MA TTEL, INC. V. MCA RECORDS, INC.: LET'S PARTY IN BARBIE'S WORLD-EXPANDING THE FIRST AMENDMENT RIGHT TO MUSICAL PARODY OF CULTURAL ICONS I. INTRODUCTION On July 24, 2002, the Ninth Circuit Court of Appeals decided Mattel, Inc. v. MCA Records, Inc. -a case that may have a substantial impact on reaching a balance between the interests of trademark owners of cultural icons and the First Amendment rights of musical parodists of those cultural icons. By ruling in favor of the defendants, the Ninth Circuit held that the use of the "Barbie" trademark in a musical parody (1) was not an infringement of the toy manufacturer's trademark associated with the Barbie doll because the song was not likely to confuse the consumer as to its source or sponsorship, and (2) was not actionable under the Federal Trademark 2 Dilution Act (FTDA) as diluting the Barbie trademark3 because the song fell within the noncommercial use exception. -
1 I'm a BARBIE GIRL By: Jim Astrachan
attorneys at law . a professional corporation I'M A BARBIE GIRL By: Jim Astrachan __________________________________ Judge Alex Kozinski's Mattel v. Universal Music International opinion ribs Mattel's attempt to prevent parodic use of its Barbie trademark holding, "If this were a sci-fi melodrama, it might be called Speech-zilla meets Trademark Kong." This case is a well reasoned opinion in which Judge Kozinski analyses a trademark owner's right to prevent use of its mark in an infringing manner and a third person's right to use the mark to lampoon the product associated with the mark. A trademark is a word, phrase or symbol used to identify a manufacturer or sponsor of goods or a provider of service. Barbie is a registered mark used by Mattel to designate a doll that it manufactures and to identify Mattel as the source of the product. If any other doll manufacturer was to apply the Barbie mark to its doll product it is not hard to imagine that an appreciable number of consumers would believe Mattel was the source. The principal purpose of trademark rights is to avoid this sort of confusion in the marketplace. When another's trademark is used in a way that is likely to cause confusion, 99001.003/51027 1 infringement results. Once infringement is shown irreparable harm is presumed and injunctive relief is appropriate. But as Judge Kozinski points out, trademarks are used for more than product identification purposes. Some become part of our vocabulary and run the risk of becoming generic. He asks, "How else do you say something's the 'Rolls Royce' of its class?" We add trademarks to our vocabulary and we often use those marks to sound contemporary. -
Intellectual Property As Seen by Barbie and Mickey: the Reciprocal Relationship of Copyright and Trademark Law
Columbia Law School Scholarship Archive Faculty Scholarship Faculty Publications 2017 Intellectual Property As Seen by Barbie and Mickey: The Reciprocal Relationship of Copyright and Trademark Law Jane C. Ginsburg Columbia Law School, [email protected] Follow this and additional works at: https://scholarship.law.columbia.edu/faculty_scholarship Part of the Entertainment, Arts, and Sports Law Commons, and the Intellectual Property Law Commons Recommended Citation Jane C. Ginsburg, Intellectual Property As Seen by Barbie and Mickey: The Reciprocal Relationship of Copyright and Trademark Law, JOURNAL OF THE COPYRIGHT SOCIETY OF THE USA, VOL. 65, P. 245, 2018; COLUMBIA PUBLIC LAW RESEARCH PAPER NO. 14-567 (2017). Available at: https://scholarship.law.columbia.edu/faculty_scholarship/2072 This Working Paper is brought to you for free and open access by the Faculty Publications at Scholarship Archive. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Scholarship Archive. For more information, please contact [email protected]. [forthcoming, Journal of the Copyright Society of the USA] Intellectual Property as Seen by Barbie and Mickey: The Reciprocal Relationship of Copyright and Trademark Law Jane C. Ginsburg* Abstract Some years ago, caselaw on trademark parodies and similar unauthorized “speech” uses of trademarks could have led one to conclude that the law had no sense of humor. Over time, however, courts in the US and elsewhere began to leaven likelihood of confusion analyses with healthy skepticism regarding consumers’ alleged inability to perceive a joke. These decisions did not always expressly cite the copyright fair use defense, but the considerations underlying the copyright doctrine seemed to inform trademark analysis as well. -
A Parody of a Distinction: the Ninth Circuit's Conflicted Differentiation Between Parody and Satire, 20 Santa Clara High Tech
Santa Clara High Technology Law Journal Volume 20 | Issue 3 Article 5 January 2004 A Parody of a Distinction: The inN th Circuit's Conflicted Differentiation between Parody and Satire Christopher J. Brown Follow this and additional works at: http://digitalcommons.law.scu.edu/chtlj Part of the Law Commons Recommended Citation Christopher J. Brown, A Parody of a Distinction: The Ninth Circuit's Conflicted Differentiation between Parody and Satire, 20 Santa Clara High Tech. L.J. 721 (2003). Available at: http://digitalcommons.law.scu.edu/chtlj/vol20/iss3/5 This Comment is brought to you for free and open access by the Journals at Santa Clara Law Digital Commons. It has been accepted for inclusion in Santa Clara High Technology Law Journal by an authorized administrator of Santa Clara Law Digital Commons. For more information, please contact [email protected]. COMMENT A PARODY OF A DISTINCTION: THE NINTH CIRCUIT'S CONFLICTED DIFFERENTIATION BETWEEN PARODY AND SATIRE ChristopherJ. Brown f "Thou shalt not say that to rob the public is to steal."' I. INTRODUCTION In Mattel, Inc. v. MCA Records, Inc. (Mattel),2 the Ninth Circuit recently held that a song based on the Barbie doll was a parody and therefore qualified for a fair use defense against a claim of trademark infringement.3 A few years ago, however, this same circuit in Dr. Seuss Enterprises,L.P. v. Penguin Books USA, Inc. (Seuss)4 held that a book using the writing style of Dr. Seuss, as well as a character fashioned after the Cat in The Cat in the Hat, was a satire and therefore did not qualify for a fair use defense against claims of trademark and copyright infringement. -
Shelf List Cosmopolis School Call Numbers from 'Fiction' to 'Fiction'
Shelf List Cosmopolis School Call numbers from 'fiction' to 'fiction'. All circulations. Call Number Author Title Barcode Price Status Circs FICTION AMAZING MOTORCYCLES/AWESOME ATV'S. T 22850 $5.99 Available 5 fiction the Angel Tree T 23060 $5.99 Available 1 Fiction Baby Shark T 24159 $4.99 Available 3 Fiction Beauty and the Beast T 23472 $6.99 Available 7 Fiction Boo! A Book of Spooky Surprises. T 23254 $7.99 Available 6 fiction The Book Thief T 23089 $12.99 Available 1 Fiction Boy Tales of Choldhood T 23757 $5.99 Available 1 Fiction Cam Jansen and the birthday Mystery. T 561 Checked Out 1 Fiction Cat and mouse in a haunted house. T 18404 $5.99 Available 19 fiction chester the brave T 22833 Available 2 Fiction The Christmas toy factory. T 18409 $5.99 Available 29 Fiction Command Blocks T 23582 $7.99 Available 4 fiction Deep Blue T 23041 Available 9 Fiction Diary of Wimpy Kid: The Long Haul T 23350 $8.99 Available 20 fiction The Dirt Diary T 23975 $6.99 Available 9 Fiction Dive : Book Three: The Danger. T 8552 $4.50 Available 4 FICTION DOG WHISPERER, THE GHOST. T 22763 $4.99 Available 1 Fiction Doll Bones T 23976 $5.99 Available 12 Fiction Dolphin Tale 2: A Tale of Winter and Hope. T 23211 $3.99 Available 6 fiction Dragon Rider T 21240 Available 8 Fiction Eerie Elementary, The School is Alive T 23059 $4.99 Available 3 Fiction Esme The Emerald Fairy T 23539 $5.99 Available 4 Fiction Everest : Book Two: Tahe Summit. -
“You Need Love and Friendship for This Mission!”: Final Fantasy VI, VII and VIII in Generic and Social Context
“You Need Love and Friendship For This Mission!”: Final Fantasy VI, VII and VIII in generic and social context Ben Hourigan Department of English with Cultural Studies The University of Melbourne [email protected] 10 September 2004 Contents The Discourse of Videogames as Social Pathogens 1 The Videogame World as Novum 3 Some Comments on Genre in Videogames 5 Videogames in Social Context 6 FFVI-VIII in a context of perceived social malaise 13 Conclusion 23 Bibliography 24 The Discourse of Videogames as Social Pathogens For most of videogames’ public history,1 discourse about them has been marked by bouts of civil and governmental anxiety concerning their sup- posed ability to induce psychologically and socially pathological behavior. Some claims that the early coin-operated videogame industry was linked, however tenuously, to organized crime, have bases in fact (Kent 75-7). Yet some popular and academic commentators have attributed a mysterious, corrupting power to videogames, often oblivious to the actual details of 1I take this to begin in 1971, when Nutting Associates began shipping Nolan Bushnell’s Computer Space, the first arcade videogame (Kent xii). 1 their form and content and of their cultural contexts (see Squire). Where characterizations of videogames as social pathogens hinge on reference to actual instances of violent behavior allegedly inspired by specific games, they are frequently accompanied by unwarranted generalizations about the medium as a whole. Such generalizations have gone on to shape serious academic discussion of videogames. This essay offers a generically situ- ated and socially contextualized analysis of three games from the Final Fan- tasy series, to highlight the diversity and specificity of individual games. -
Cultural Literacy Acquisition Through Video Game Environments of a Digitally Born Generation
Cultural literacy acquisition through video game environments of a digitally born generation A thesis submitted for the degree of Doctor in Communication and Cultural Industries at Universitat Politècnica de València (UPV) Autor: Olena Shliakhovchuk Supervisors: María Fernanda Peset Mancebo Adolfo Muñoz García July 2019 Acknowledgements This thesis would not be possible without the help, encouragement and support of my supervisors who challenged my arguments, fed my curiosity and offered me inspiring concepts and ideas. I need to express my thanks to the participants of the experiments of the research for trusting me and helping me to test my hypotheses. Special thanks need to be given to the respondents of the survey for providing such exciting and stimulating answers. My heartfelt gratitude to my friends for their sincere interest in the topic of this thesis and for encouraging me to bravely press on in my times of doubt. My deepest thanks to my family, without your encouragement, as well as emotional and financial support, I would not have completed this thesis. Sincere thanks go to my better half whose unconditional love and support kept me going through endless writing days. I have got this far because you were behind me all the time. ii Contents Part I: Cultural literacy as a twenty-first century skill in video games research ....................... 1 Chapter One: Introduction ...................................................................................................... 1 1.1. Digitally born generation .......................................................................................