Canada: Are Cover Bands Copyright Pirates?

When your favourite local cover band performs an exact rendition of Brown-Eyed Girl, Sweet Home Alabamaor Wagon Wheel, are they infringing the copyright of the song’s owner? Can cover bands and tribute bands be accused of “piracy” like the online file sharing community? Unfortunately, the current answer in copyright law is “yes” to both questions.
Copyright Act
As a starting point, under the Copyright Act, a reproduction of any work, such as performing a well-known song in a nightclub, without […]

By | March 6th, 2018 ||

USA: “Blurred Lines” Copyright Ruling Leaves Answers Blurry

On March 21, 2018, the U.S. Court of Appeals for the Ninth Circuit upheld a jury verdict finding that Robin Thicke’s “Blurred Lines” infringed upon Marvin Gaye’s “Got to Give It Up.” This landmark, controversial case has shifted the paradigm of music and related entertainment, and we believe, will lead to a rise in copyright infringement litigation.

In June 2012, entertainers Robin Thicke and Pharrell Williams along with Clifford Harris, Jr. (a/k/a “T.I.”) wrote and […]

By | March 6th, 2018 ||

Delhi High Court Says BOOKMYSHOW Trademark Has Not Acquired Distinctiveness

The Delhi High Court on 13th December 2017 in the case of Bigtree Entertainment Pvt Ltd V. Brain Seed Sportainment Pvt Ltd & Anr. while examining on the issue of acquired distinctiveness decided that ‘BOOKMYSHOW’ has not acquired any distinctiveness.
Brief Background

The Plaintiff in the case ‘Bigtree Entertainment Pvt. Ltd’ is a company established in 1999. It provides ticketing solutions through its website “www.bookmyshow.com” and mobile app BOOKMYSHOW.
The Defendant in the case ‘Brain […]

By | March 4th, 2018 ||