3 Count: Gone with the Eighth

But the wind is Breaking Bad...

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1: Warner Bros. Wins Appeal Over ‘Gone With the Wind,’ Tom & Jerry Merchandise

First off today, Ted Johnson at Variety reports that Warner Bros. has won another legal victory, this one in the 8th Circuit Court of Appeals, over the use of images and quotes from its films in consumer products.

The lawsuit targeted a variety of companies that used quotes and images on merchandise from films such as Gone with the Wind and The Wizard of Oz. The lower court had already sided with Warner Bros., finding both trademark and copyright violations.

The appellate court has now upheld that ruling, finding no fault with it and also upholding the district court’s awarding $2.6 million in damages for copyright infringement. The court also agreed with the lower court on the trademark issues, noting that consumers can not distinguish between official Warner Bros. merchandise and the fakes produced by the companies in the lawsuit.

2: ‘Shocked’ Grandmother on Hook for Illegal Mutant Game Download

Next up today, Rosa Marchitelli at CBC News reports that, in Ontario, an 86-year-old resident, Christine McMillan, received two emails from the private company Canadian Intellectual Property Rights Enforcement (CANIPRE) accusing her of illegally downloading the futuristic shooter game Metro 2033.

The emails were forwarded to McMillan from CANIPRE through a Canadian process that requires ISPs to forward emails from rightsholders after they detect copyright infringement. However, McMillan claims that she has never downloaded the game, nor has any interest in it, and that no one has access to her computer.

McMillan says that, when she first received the emails, she thought they were a scam. The emails did not say how much she would need to pay to settle the dispute but did threaten her with the maximum damages of $5,000. The laws that CANIPRE use are scheduled for government review in 2017.

3: Artist Behind ‘Breaking Bad’s’ Los Pollos Hermanos Sues Sony

Finally today, Ashley Cullins at The Hollywood Reporter Esquire reports that Humberto Puentes-Segura is suing Sony Pictures Consumer Products and Topanga Productions alleging that the companies made illegal use of his Los Pollos Hermanos logo that he created for the Breaking Bad TV series. 

According to Puentes-Segura, he licensed the use of the logo to Sony purely as “a prop, set dressing and/or wardrobe.” However, despite that agreement, Sony and Topanga went on to distribute merchandise featuring the logo, including hats, t-shirts and more.

He claims he only recently learned about the infringement due to limited media access at his home in Mexico. He is seeking damages, an accounting of profits and an injunction.


That’s it for the three count today. We will be back tomorrow with three more copyright links. If you have a link that you want to suggest a link for the column or have any proposals to make it better. Feel free to leave a comment or send me an email. I hope to hear from you.

The 3 Count Logo was created by Justin Goff and is licensed under a Creative Commons Attribution License.

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