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Marvel’s Misadventures in the Kirby Copyright Chronicles

Marvel may have to call in The Avengers for help with this one. The comic giant filed papers on July 14th arguing to the U.S. Supreme Court that it should not review the Second Circuit appeal court’s decision in Marvel Characters, Inc. v Kirby. The case concerned whether the estate of legendary comic book artist Jack Kirby […]

Has the Supreme Court Delivered a Knock-Out Blow to the Entertainment Industry?

And so the sparring will go another round. On May 19th the United States Supreme Court delivered its decision on Patrella v Metro-Goldwyn-Mayer, allowing Paula Petrella to pursue her copyright infringement claim against MGM Studios despite her decision to wait 18 years to file suit. As a result, the Supreme Court has essentially informed the […]

Neither Fish Nor Fowl – Trade-mark and Copyright Protection for Titles

Bob Tarantino is a lawyer in the Entertainment Law Group of Heenan Blaikie LLP. He holds graduate degrees in law from Osgoode Hall Law School and the University of Oxford. A suitable name for an entertainment project can be critical to its success and can even enhance the aesthetic effect of the overall work.  In […]