Our weekly SoCal IP Institute meeting on Monday, August 19, 2013 will be a discussion of a recent 9th Circuit decision regarding player likenesses in games and a non-precedential case at the TTAB involving the Morehouse defense. Brief synopses of the cases appear below.
Seltzer v. Green Day, Inc., Case No. 11-56573 (9th Cir. August 7, 2013) (available here). Plaintiff Derek Seltzer sued the band Green Day for using a backdrop having one of Seltzer’s drawings in one of Green Day’s videos. On summary judgment, the district court held that Green Day’s use fair use. The district court then awarded attorney’s fees in favor of Green Day. On appeal, the Federal Circuit affirmed the district court’s finding that the use was fair use, but vacated the award of attorney’s fees.
Monolithic Power Systems v. O2 Micro, Case No. 2012-1221 (Fed. Cir. August 13, 2013) (available here). The parties here are competitors in the integrated circuit industry and have been involved in litigation for over a decade. The district court held the case exceptional and awarded over $9M in attorney’s fees. The Federal Circuit affirmed the district court’s decision.
All are invited to join us in our discussion during the SoCal IP Institute meeting on Monday, August 19, 2013 at Noon in our Westlake Village office. This activity is approved for 1 hour of MCLE credit. If you will be joining us, please RSVP to Noelle Smith by 9 am Monday morning.