Mark Jaffe, 5 Bridges Law

@markjkings.bsky.social

951 Followers 464 Following

Lawyer representing creatives in California and New York Copyright. Trademarks. Helping artists get their copyrights back. Asterisks everywhere. https://5bridgeslaw.com/ More links: https://linktr.ee/markj5bridgeslaw

Relevant here is the “most common type” of shotgun complaint, one in which the plaintiff asserts “multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint.” See Weiland, 792 F.3d 1313, 1321, 1321 n.11 (collecting cases). As a result, “most of the counts … contain irrelevant factual allegations and legal conclusions.” Strategic Income Fund, L.L.C. v. Spear, Leeds & Kellogg Corp., 305 F.3d 1293, 1295 (11th Cir. 2002). Consequently, in ruling on the sufficiency of a claim, the Court is faced with the onerous task of sifting out irrelevancies in order to decide for itself which facts are relevant to a particular cause of action asserted. See id. Here, in each successive claim for relief in the Vazquez v. Positiva Entertainment, 26-cv-01523 (MD Fla)
“The machinery of government should never be weaponized against any American, and it is this Department’s intention to make right the wrongs that were previously done while ensuring this never happens again,” said Acting Attorney General Todd Blanche. “As part of this settlement, we are setting up a lawful process for victims of lawfare and weaponization to be heard and seek redress.” “The use of government power to target individuals or entities for improper and unlawful political, personal, or ideological reasons should not be tolerated by any Administration,” said Principal Associate Deputy Attorney General Trent McCotter.
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(((Mark Jaffe))), 5 Bridges Law @MarkJKings Jan 6, 2021 This is a dark day in American history and also did you get a chance to review that redline I sent you
The analysis is not indifferent to congressional intent. A person who may be deemed an independent contractor for purposes of the work-for-hire provisions of the Copyright Act, where “the rights to intellectual property can depend on contractual terms,” may nonetheless be an
JUSTICE SOTOMAYOR: When we ruled in Thind that Indians could not become citizens, the government then after began to unnaturalize many Indians who had been sworn in as citizens. You asked us to concentrate only on the prospective nature of the citizens order, but the logic of your position, if accepted, is that the next president -- this president or the next president or a Congress or someone else could decide that it shouldn't be prospective. There would be nothing limiting that according to your theory. GENERAL SAUER: If, as we ask, the Court confines its ruling to prospective relief only, which I take exception to that -JUSTICE SOTOMAYOR: No, I'm saying to you, don't -- yeah, that's what you're asking us for relief right now. I'm asking whether the logic of your theory would permit what happened after the Court's decision in Thind that the government could move to unnaturalize people who were born here of illegal residents. GENERAL SAUER: No. We believe the Court should do what it did in Sessions agains
The Fourth Circuit affirmed in part and reversed in part. It affirmed as to contributory liability because Cox contin- ued to provide Internet service to known infringers. Apply- ing Circuit precedent, it reasoned that “supplying a product with knowledge that the recipient will use it to infringe cop- yrights is exactly the sort of culpable conduct sufficient for contributory infringement.” 93 F. 4th 222, 236 (2024) (cit-
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[tweet] (((Mark Jaffe))), 5 Bridges Law @MarkJKings Nov 8, 2016When filing an emergency motion, do a last minute check for proper citation, compliance with local rules, and not including racist crap. [text from complaint] 16. When Mr. Chamberlain arrived at 9:40 pm, he personally witnessed Democrat candidate for Senate, Catherine Cortez Masto, speaking to approximately 20-30 individuals, some of whom were carrying signs in Spanish. He entered the store and witnessed the voting area, where 2 or 3 people were standing in line waiting to vote and a cameraman and reporter from Fox 5 News were standing nearby.
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a. Michaels’ use of POSE’s artwork did not infringe, and would not infringe, either directly or indirectly, any valid, enforceable, or protectable copyright registration (if it exists). b. Michaels’ use of POSE’s artwork and its conduct described herein does not constitute unfair competition under 15 U.S.C. § 1125(a). c. Michaels’ use of POSE’s artwork has not violated and is not violating any state or federal law. d. Declaring Michaels the prevailing party and this case as exceptional, and awarding Michaels its reasonable attorneys’ fees, pursuant to, among other things, 15 U.S.C. § 1117(a) and 17 U.S.C. § 505.
15. POSE has claimed copyright protection for his artwork but has failed to provide evidence sufficient to establish the existence of a valid and registered copyright for the work. Although Michaels disputed POSE’s claims that it did not have the right to use the artwork, Michaels removed the artwork from its displays. During the time Michaels used the display, no copyright registration for the artwork existed. Upon information and belief, no copyright was registered until January 2026. See Exhibit A.
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TTAB LEXIS 84, at *3. While Professor Bond may be an expert in marketing and branding, it is apparent from a review of his testimonial declaration that he is not an expert in trademark matters much less on the registrability of trademarks under the Trademark Act and the problems and considerations related thereto. This is readily apparent from his inability to appreciate the difference between the Examining Attorney’s refusal based on mere descriptiveness and his genericness advisory, and his reference to “trademarking” as a verb. January 27, 2025 Request for Reconsideration, TSDR at 29-30 (Bond Decl. at ¶ 18) (“If
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In 2022, Twitter, Inc. once again became a private company—purchased for approximately $44 billion, by and through two entities—X Holdings I, Inc. and X Holdings II, Inc. By March 2023, the TWITTER product and Twitter Inc.’s assets were consolidated under the newly formed X Corp.
25. Indeed, in Jewish culture, the terms “MOTHER” and “BUBBI” both denote a caring and nurturing Jewish matriarch. The term “BUBBI” commonly refers to a Jewish grandmother. For Jewish delis – whose brand narratives often center on tradition, comfort, and family recipes – both marks evoke the same core idea – a warm and loving (but also somewhat instructive or scolding) prompt to call your mother or grandmother, and to grab some coffee and bagels while you are at it.
14. On information and belief, Defendant Graham also selected to affiliate himself with Plaintiff’s Original Work for an additional reason, namely that Plaintiff was publicly vilified for his role in a controversial Balenciaga advertisement involving false allegations of glorifying pedophilia. 15. Plaintiff was ultimately publicly vindicated in a defamation lawsuit abroad related to the false accusations arising from the Balenciaga advertisement. 16. During the initial Balenciaga scandal, media articles, websites, posts, and news segments would display Plaintiff’s photographs from THE AMERIGUNS Project alongside Plaintiff’s photos from the Balenciaga ad. 17. Given Kendrick Lamar’s lyrics directed as calling Defendant Graham a pedophile and Defendant Graham’s now dismissed defamation lawsuit, on information and belief, Defendant Graham sought to imply that he, like Plaintiff, would be publicly exonerated.
Left photo. Lots of guns meticulously arranged around an in ground swimming pool. Guy is firing a gun like it's a flame thrower. Right photo: image from a TV screen. Lots of guns meticulously arranged around an in ground swimming pool. Drake is posing
Moreover, a further justification for Warhol’s use of Campbell’s logo is apparent. His Soup Cans series targets the logo. That is, the original copyrighted work is, at least in part, the object of Warhol’s commentary. It is the very nature of Campbell’s copyrighted logo—well known to the public, designed to be reproduced, and a symbol of an everyday item for mass consumption—that enables the commentary. Hence, the use of the copyrighted work not only serves a completely different purpose, to comment on consumerism rather than to advertise soup, it also “conjures up” the original work to “she[d] light” on the work itself, not just the subject of the work. Campbell, 510 U. S., at 579, 588.16 Here, by contrast, AWF’s use of Goldsmith’s photograph does not target the photograph, nor has AWF offered another compelling justification for the use. See infra, at 34– 35, and nn. 20–21.
A tariff or duty (the words are used interchangeably) is a tax levied by governments on the value including freight and insurance of imported products. Different tariffs applied on different products by different countries. National sales and local taxes, and in some instances customs fees, are often charged in addition to the tariff. The tariff, along with the other assessments, is collected at the time of customs clearance in the foreign port. Tariffs and taxes increase the cost of your product to the foreign buyer and may affect your competitiveness in the market. So knowing the final cost to your buyer can help you price your product for that market. In addition, your buyer may ask you to quote an estimate of these costs before making the purchase.
25 Nationwide Class 26 All residents of the United States of America who, during 27 the period January 1, 2018, through the present, possessed 28 royalties rights for on-demand digital media content that was hosted by Spotify (Rights Holders), and whose 2 royalties and subscription revenue shares were diminished 3 as a consequence of the Defendants’ wrongful conduct. 4 California Sub-Class 5 All residents of the State of California who, during the 6 period January 1, 2018, through the present, possessed 7 royalties rights for on-demand digital media content that 8 was hosted by Spotify (Rights Holders), and whose 9 royalties and subscription revenue shares were diminished 10 as a consequence of the Defendants’ wrongful conduct.
1. This is a case about a man who practices a deeply hypocritical form of misogyny. But, in an ironic twist, that man is not the Plaintiff, Paul J. Ingrassia. No,
Supreme Court formally asked to overturn landmark same-sex marriage ruling
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DR. DRE SUED FOR $10 MILLION BY DIVORCE PSYCHOTHERAPIST ALLEGING ' UNBEARABLE HARASSMENT'
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Spotify Verified Artist FAKE MUSIC 509,382 monthly listeners
San Francisco protest parade. A photo of couple walking from behind. Back of her t-shirt is an image of banana fixed with duct tape Man's sign says THE ONLY THRONE FIT FOR THIS WANNA BE KING with a drawing of a toilet
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Article II, Section 4: The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
“Not Like Us” is replete with profanity, trash-talking, threats of violence, and figurative and hyperbolic language, all of which are indicia of opinion. A reasonable listener would not equate a song that contains lyrics such as, “Ain’t no law, boy, you ball boy, fetch Gatorade or somethin’, since 2009 I had this b**** jumpin’,” with accurate factual reporting. Accordingly, the reasonable listener of “Not Like Us” would conclude that Lamar is rapping hyperbolic vituperations.
Indeed, during this rap battle, Drake and Lamar each used similar hyperbolic threatening language. See, e.g., Req. J. Not., Ex. K (“But don’t tell no lie about me and I won’t tell truths ‘bout you”); Ex. M (“Your darkest secrets are comin’ to light”); Ex. N (“I been in this industry twelve years, I’ma tell y’all one lil’ secret/It’s some weird s*** goin’ on and some of these artists be here to police it”); Ex. O (“I got your f***ing lines tapped, I swear that I’m dialed in/ . . . What about the bones we dug up in that excavation?”). This kind of posturing in a rap diss track does not make such lines more likely to be understood by the ordinary listener to be anything but pure opinion.
In Rapaport v. Barstool Sports, Inc., the district court found that an audience would not reasonably conclude that statements suggesting that the plaintiff had herpes and had abused his ex-girlfriend constituted assertions of facts when published in a six-minute diss track music video. No. 18-CV-8783 (NRB), 2021 WL 1178240, at *15 (S.D.N.Y. Mar. 29, 2021), aff’d, No. 22-2080-CV, 2024 WL 88636 (2d Cir. Jan. 9, 2024). The district court observed that the statements were “delivered in the midst of a public and very acrimonious dispute between [the parties] that would have been obvious to even the most casual observer.” Id. The video in question reviewed the “recent history of the acrimonious dispute that resulted in Rapaport’s termination just days before the video’s publication,” and also included a photoshopped photo of the defendant in a derogatory manner. Id. That clear background “contextualize[d] for the audience that the statements in the video are
The forum here is a music recording, in particular a rap “diss track,” with accompanying video and album art. Diss tracks are much more akin to forums like YouTube and X, which “encourag[e] a freewheeling, anything-goes writing style,” than journalistic reporting. Sandals Resorts, 86 A.D.3d at 43 (quotation marks omitted). The average listener is not under the impression that a diss track is the product of a thoughtful or disinterested investigation, conveying to the public fact- checked verifiable content. 2. Surrounding Circumstances Next, the Court considers the “full context of the communication in which the statement appears,” including the “setting surrounding the communication.” Steinhilber v. Alphone, 68 N.Y.2d 283, 294 (1986). The fact that the Recording was made in the midst of a rap battle is essential to assessing its impact on a reasonable listener. “Even apparent statements of fact may assume the character of statements of opinion . . . when made in public debate, heated labor dispute, or
In distinguishing between facts and opinion, three factors guide the Court’s consideration: (1) whether the specific language in issue has a precise meaning which is readily understood; (2) whether the statements are capable of being proven true or false; and (3) whether either the full context of the communication in which the statement appears or the broader social context and surrounding circumstances are such as to signal readers or listeners that what is being read or heard is likely to be opinion, not fact.
7. Despite these representations, the Peronne Property was not occupied or used by JAMES as a secondary residence and was instead used as a rental investment property, renting the property to a family of (3).
Mark: GOLDEN STATE VALKYRIES V Trademark image US Serial Number: 98547226 Application Filing Date: May 13, 2024 Register: Principal Mark Type: Service Mark TM5 Common Status Descriptor: TM5 Common Status image LIVE/APPLICATION/Published for Opposition A pending trademark application has been examined by the Office and has been published in a way that provides an opportunity for the public to oppose its registration. Status: Notice of Allowance (NOA) sent (issued) to the applicant. Applicant must file a Statement of Use or Extension Request within six months of the NOA issuance date. Status Date: Jun. 03, 2025 Publication Date: Dec. 17, 2024 Notice of Allowance Date: Jun. 03, 2025 Current Owner(s) Information Owner Name: WNBA Enterprises, LLC Owner Address: 450 Harmon Meadow Boulevard Secaucus, NEW JERSEY UNITED STATES 07094 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country Where Organized: DEL
Mark: BALLHALLA Trademark image US Serial Number: 99073095 Application Filing Date: Mar. 07, 2025 Filed as Base Application: Yes Currently Base Application: Yes Register: Principal Mark Type: Service Mark TM5 Common Status Descriptor: TM5 Common Status image LIVE/APPLICATION/Under Examination The trademark application has been accepted by the Office (has met the minimum filing requirements) and that this application has been assigned to an examiner. Status: New application assigned to an examining attorney for examination. Status Date: Aug. 09, 2025 Current Owner(s) Information Owner Name: Golden State Valkyries LLC Owner Address: 1 Warriors Way San Francisco, CALIFORNIA UNITED STATES 94158 Legal Entity Type: LIMITED LIABILITY COMPANY State or Country Where Organized: DELA
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Mister Softee ice cream truck. Mister Softee logo with the registered trademark symbol. Mister Softee ice cream man logo. Written on the window: Taking a pic? Facebook Instagram logos Tag us @softeenorcal
Chase Center scoreboard VALKYRIES WIN players celebrating on the big screen PLAYOFFS CLINCHED
Naruto v. Slater, where PETA argued that a monkey who took a selfie owns the copyright. Slater, the human photographer, claimed he owned it.
How a mom-and-pop sex toy shop in Kentucky sparked a big change in trademark law.
Don’t play no game that you can’t win: Beastie Boys sued Monster Energy for copyright infringement. Monster’s claim vs. Z-Trip depends on the meaning of “dope”.
Despite his enthusiastic endorsement of the application of N.Y. Rule 3.6 to this case during the February 3 Hearing, Mr. Freedman resumed publicly slandering Ms. Lively’s character and credibility within a matter of days, including in friendly interviews conducted by his former clients. On February 5, Mr. Freedman appeared on TMZ to discuss the Court’s Order and whether Ms. Lively and her husband, Ryan Reynolds, would “try to avoid a deposition,” and stated that he hoped he would not “get sanctioned as a result of” the interview but that he was “sure you guys will indemnify me. So we’ll be good.” In the following weeks, Mr. Freedman has repeatedly made public statements attacking Ms. Lively’s “character, credibility,” and “reputation,” N.Y. Rule 3.6, stating for example that she: is “afraid of the truth,” has been “testifying since the moment she auditioned for this part,” is “obviously uncomfortable . . . [with] the truth,” and is a “privileged
Perplexingly, however, the “letter” is a “typewritten note styled as an imaginary conversation between Trump and Epstein, written in the third person.” Indeed, Defendants Safdar and Palazzolo provide a series of quotes from the nonexistent letter, claiming that the letter was written in third person, beginning with a voice over interluding a conversation, followed by a purported dialogue between President Trump and Epstein—as if they were characters in a play.
Copyright News: More of All the President's Meanderings
I say that nobody cares if you "didn't vote for this". Do something that mitigates the harm that you've caused.
(((Mark Jaffe))), 5 Bridges Law @MarkJKings Jun 16, 2015 The biggest challenge Donald Trump will face in his campaign is that he's a terrible person with no redeeming qualities.
Left: Carnegie Hall's Stern Auditorium Perelman Stage Right: Carnegie Diner. Staff is in front an auditorium backdrop
Copyright New: Salt-N-Pepa With a Mighty Good Plan to Get Their Copyrights Back James and Denton p/k/a Salt-N-Pepa v. UMG Recordings (SD New York). Salt N Pepa are pushing it against UMG, to get their sound recording copyrights back. Asterisks everywhere - I have done many videos on copyright termination and it’s always more complicated. #CopyrightNews #SaltNPepa #CopyrightTermination #17USC203 #SaltNPepaLawsuit
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