Communications Center

"It's not personal, Sonny. It's strictly business."

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Created on Wednesday, 22 February 2012 21:01
Written by Emily Haas

It’s not wise to cross Don Corleone. Apparently, it’s also not wise to cross Paramount Pictures, the movie studio that claims rights in the iconic character and the stories featuring the Corleone family (or Family). On February 17, 2012, Paramount brought suit against the estate of Mario Puzo, the author of the original “The Godfather” novel, over sequel novels Paramount claims infringe on its copyright and trademark rights. (The case is currently pending in the United States District Court for the Southern District of New York and the complaint may be viewed here). 

 

Paramount purchased the rights in “The Godfather” from Mr. Puzo in November 1969. According to Paramount, those rights included all rights to create derivative works (read: sequels) to “The Godfather,” in addition to the movie rights. The studio released the movie adaptation of Mr. Puzo’s novel in 1972.  Since then, “The Godfather” has become one of the most influential and critically acclaimed movies of all time. The movie won three Academy Awards, to include the coveted Best Picture; spawned two sequels (“The Godfather Part II” and “The Godfather Part III”); and was named the third best movie of all time by the American Film Institute. (“The Godfather Part II” also ranks on the list at spot number 32, and AFI has since bumped the original “Godfather” movie to the second place spot, behind “Citizen Kane”). “The Godfather” is arguably also one of the most quoted pieces of pop culture, offering some of the most memorable lines in Hollywood history, to include the infamous “I’m gonna make him an offer he won't refuse.”

 

Paramount and Mr. Puzo apparently maintained a good relationship during Mr. Puzo’s life and Mr. Puzo worked with Paramount on the “Godfather” motion picture sequels. After Mr. Puzo’s death, his estate and Paramount entered into an agreement to publish a “Godfather” sequel novel, “The Godfather Returns.”  The novel was successful, and the Puzo estate released a second sequel novel, “The Godfather’s Revenge” in 2006. A third sequel, “The Family Corleone,” is set to be released in May 2012.

 

Paramount, however, takes issue with the latter two sequels, claiming that, unlike the first novelized sequel, these books were not authorized by Paramount and infringe Paramount’s copyright rights, as well as Paramount’s trademark rights to THE GODFATHER. Paramount also accuses the latter novels of being “mediocre” and hurting the value of Paramount’s Godfather-related intellectual property. The Puzo estate disagrees with Paramount’s assertions. According to the estate, the copyright purchase did not include publishing rights for the sequel novels.

 

Currently, the issue appears to hinge on the interpretation of the language transferring the copyright in the original 1969 contract between Mr. Puzo and Paramount. Regardless of which powerful organization emerges the winner in the Godfather turf war, however, the case serves as an important reminder to those engaging in intellectual property transfers to specifically identify and describe exactly what rights are transferred and retained in their contracts.

A Cure for the Common Troll

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Created on Tuesday, 21 February 2012 15:24
Written by Anthony Biller

A Cure for the Common Troll

By Anthony J. Biller Published on OpenSource.com
(February 2012)
© Coats + Bennett, PLLC 2012
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Tim Bradley publishes article on tattoo copyrights in the ABA’s Entertainment & Sports Lawyer

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Created on Friday, 17 February 2012 00:00
Written by Timothy Bradley

Article by Tim Bradley entitled "The Copyright Implications of Tattoos: Why Getting Inked Can Get You Into Court" and recently published in the ABA’s Entertainment & Sports Lawyer, Volume 29, Number 3, Fall 2011.

PDF File (5 pages)

U.S. Patent & Trademark Office Director Hosts White House Roundtable Discussion At Coats + Bennett

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Created on Wednesday, 15 February 2012 22:09
Written by Anthony Biller
Tony-Biller David-Kappos Larry-Coats

(Left to Right: Anthony Biller, David Kappos, and Larry Coats)

David Kappos, Under Secretary Of Commerce For Intellectual Property, Talks About Innovation Best Practices At Event Held At Leading IP Law Firm

CARY, N.C. – Coats and Bennett, PLLC, an intellectual property law firm, has announced that David J. Kappos, under secretary of commerce for intellectual property and director of the U.S. Patent and Trademark Office (“USPTO”), joined business leaders, IP attorneys and general counsel from some of the Triangle area’s top technology companies for a roundtable discussion on intellectual property at the firm’s offices on Feb. 13. Hosted jointly by the White House Business Council, Business Forward and Coats + Bennett, the event addressed patent practice in the United States, with a particular emphasis on patent litigation. Director Kappos advises President Obama on matters pertaining to intellectual property and he has implemented substantial reforms at the USPTO during his tenure.

Leading the discussion was Coats + Bennett attorney Anthony Biller, a full-time IP litigator. Biller represents clients in patent, trademark, copyright and trade secret litigation in courts throughout the United States. He also teaches intellectual property litigation at Campbell Law.

Following this year’s State of the Union address, President Obama asked senior Administration officials to begin hosting roundtable discussions with local business leaders across the country. The purpose of these roundtables is to listen to business leaders and receive feedback on how the Administration can best support their growth. The roundtables help ensure as well that business leaders are taking advantage of the Administration resources and programs designed to help them create jobs and compete.  

“It was an honor to have David Kappos take time out of his busy schedule to meet with me and many other top Triangle IP attorneys from leading businesses to discuss trends in patent litigation,” said Biller. “This occasion provided all who attended with an excellent conversation about challenges in the current patent enforcement system, particularly for innovative technology companies, and to discuss with Director Kappos the significant patent law reforms undertaken by this Administration.”

Coats And Bennett, PLLC, Wins Judgment In Architectural Rights Copyright Infringement Case

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Created on Tuesday, 14 February 2012 18:41
Written by Anthony Biller

CARY, N.C. – Coats and Bennett, PLLC, an intellectual property law firm, has announced that litigators Anthony Biller and Emily Haas won a judgment in favor of James & Associates Residential Designers LLC of Murfreesboro, Tenn., and its owner, in an architectural rights copyright infringement case filed in the U.S. District Court for the Middle District of Tennessee.

Elite Concepts filed its complaint in August 2010, alleging that defendants infringed on Elite’s copyrights to certain residential house plans. In October 2010, James & Associates filed their answer, denying all liability and defending itself on the grounds of license and independent creation. While James & Associates complied with the federal rules for discovery and trial deadlines, Elite Concepts did not. After James & Associates moved for judgment and after several warnings, the Court dismissed the case, with prejudice, as a sanction against Elite Concepts for failure to comply with Court deadlines and disclosure obligations.

“We are pleased with the ruling and that we could assist James & Associates,” said Haas. “It does serve as a reminder of the importance of retaining intellectual property counsel experienced with the demands and procedures for prosecuting and defending infringement claims in federal court.