An intellectual property violation is an infringement, unauthorized use, or damage of someone else’s property rights. This case can happen involuntarily or purposeful, which usually leads to a legal battle between the parties involved.
An illustrative case involving property rights is the dispute between Tong Shen Enterprise Co., Ltd. and PT. Jaya Lemindo over a logo. Explore this case study on the cancellation of trademarks in a dispute among glue companies.
4 Top Intellectual Property Violations
In the course of history, there have been a lot of intellectual property infringement cases, either involuntarily or purposefully. These are some of the most famous and even outrageous intellectual property infringements.
1. Louis Vuitton Malletier vs. Haute Diggity Dog
There was an intellectual property violation between two big names in the fashion industry. In 2007, the famous high-end brand, Louis Vuitton surprisingly lost a copyright battle with a comedy fashion brand, Haute Diggity Dog. This comedy designer created a knock-off or parody line called Chewy Vuitton.
Surprisingly, the U.S. Court of Appeals ruled against the copyright breach claim. The reason was that there are elements of parody in the line by Haute Diggity Dog, making the products distinct and unique.
2. Dr. Dre vs Dr. Drai
In 2018, a gynecologist from Pennsylvania was involved in an intellectual property violation with a famous hip-hop star, Dr Dre. He was not impressed when the gynecologist attempted to trademark the name Dr Drai.
Dr. Dre reasoned that it would cause confusion when Dr. Drai sells audiobooks and seminar products considering their names’ similarity. However, the US trademark office dismissed this case because he failed to show that people would be misled into buying Dr Drai’s audio product instead of his own.
3. Michael Baigent and Richard Leigh vs. Dan Brown
In 2006, Michael Baigent and Richard Leigh claimed that Dan Brown’s book titled The Da Vinci Code is an IP violation of their copyright for the book titled The Holy Blood & The Holy Grail. Both books are based on the theory that Jesus Christ and Mary Magdalene had a child together.
The court ruled that it is not possible to copyright historical research. Therefore, there is no copyright infringement in The Da Vinci Code by Dan Brown.
4. Naruto vs. Slater
In 2011, a macaque monkey in Indonesia named Naruto picked up nature photographer David Slater’s camera and took a selfie.
When the photo became famous and people began to copy or download the photo, David Slater filed a copyright infringement claim against them. However, it was rejected because while David Slater owned the camera, he did not own the photo.
In 2015, a counterclaim was filed on behalf of Naruto against David Slater and other people who use his photos and also tried to secure the intellectual property rights under the monkey’s name.
However, it was then concluded that as an animal, Naruto lacked statutory standing in law to sue David Slater and other people. Despite that, Slater agreed to donate 25% of all future earnings from the use of the infamous selfie to charities that protect macaques’ habitats.
Intellectual property violation is a tricky case. Sometimes you might not even be aware if you may violate an intellectual property. Therefore, you will need reliable help from a reputable law firm such as the Am Badar & Am Badar Law Firm to avoid IP violations.
AM Badar & Am Badar also actively participated in various international expos, including the International Trademark Association (INTA) held in Singapore in May 2023. Explore the Am Badar & Am Badar Booth at INTA 2023.
Am Badar & Am Badar Law Firm offers various services related to patent, copyright, and trademark cases. With extensive experience and knowledge in intellectual property cases, you can expect to get the best possible outcome from your copyright infringement dispute. Contact us and get more insights about this matter!
References
- https://www.edology.com/blog/law-criminology/4-famous-intellectual-property-cases/
- https://www.smithsonianmag.com/history/ten-famous-intellectual-property-disputes-18521880/
- https://harperjames.co.uk/article/top-10-bizarre-intellectual-property-disputes/
Reviewed by Nabil Argya Yusuf
