On February 19th, Colin Cahoon returned to the Mark Davis Show to discuss intellectual property. The focus of the discussion was on entertainment and highlighted related considerations under copyright, patent, and trademark law.
Colin discussed the recent lawsuits against the famous game Fortnite that have been brought under copyright as well as California privacy laws. In particular, players of the game are able to purchase characters along with dance moves for their characters. The dances typically emulate famous dances or people including the “Milly Rock” by Terrence Ferguson (aka 2 Milly), the “floss dance” by Russell Horning (aka backpack kid), and the Carlton performed by Alfonso Ribeiro in Fresh Prince of Bel-Air.
Colin commented that dance moves that have been successfully protected under patent law in the past. For example, Michael Jackson was issued a patent for his “method and means for creating antigravity illusion.” The idea was conceived by Michael Jackson to create a tilting illusion on stage by modifying brackets onto his shoes.
Mark Davis asked Colin about a trademark case that held that a musical bands ability to trademark the name “The Slants” cannot be rejected for being considered “disparaging.” Colin commented on his predictions involving a similar Supreme Court case that will determine whether being “scandalous” is a permissible basis for rejecting a trademark application. Follow the link below to hear more on IP in Entertainment!
By Samie Leigh