The Twelve Res Of Christmas: Yule-Themed IP Matters In 2015

It is often said Christmas is creeping ever-backwards, each year striving to begin its domination of our collective consciousness and consumer dollars at an earlier date. In the realm of litigation, Christmas creep manifests itself in part in the Yule-themed disputes that can occur at any time of the year, particularly in the areas of intellectual property and free speech. In order to get the Trademark and Copyright Law Blog into the holiday spirit, we've rounded up twelve Christmas-themed legal matters ("res" in Latin) that resulted in a written opinion during the last twelve months. Merry Christmas!

The Allegedly Stolen Reindeer Cody Foster, a Nebraska Corporation, had a contract to supply Urban Outfitters with Christmas ornaments and other doodads. But in 2013, artist Lisa Congdon came forward and accused Cody Foster of stealing her designs. Urban Outfitters sought assurances that Cody Foster's designs had been independently created, and asked to see the product development documentation. However, what Cody Foster presented in response to this request was "lacking and alarming," according to Urban Outfitters, which terminated the parties' agreement and refused to accept additional merchandise. Cody Foster filed suit in a Nebraska state court, alleging breach of contract, and the matter was removed to the District of Nebraska. In September, the parties' cross-motions for summary judgment were both granted in part and denied in part. Rather than sort through the remaining issues before a jury, the parties settled in November. Cody Foster & Co., Inc. v. Urban Outfitters, Inc., Case No. 8:14-cv-00080 (D. Neb. Sept. 25, 2015).

Santa Claus is Coming to Town In 2004, the heirs of composer J. Fred Coots sought to terminate the copyright grant of the song Santa Claus is Comin' to Town. When Coots made the initial grant in 1934 to the predecessors of EMI Records, the 1909 Copyright Act was in effect, so the grant was for the first 28-year copyright term, set to expire in 1962. In 1951, Coots granted EMI his renewal term as well, another 28years, which meant that the work would enter public domain in 1990. But then things got complicated. In the Copyright Act of 1976, and again in the 1998 Sonny Bono Copyright Term Extension Act, Congress extended the applicable copyright term from 56 years to 75 years, and then to 95 years, and it also added non-intuitive rules regarding an heir's termination rights. Further complicating things for the parties were multiple contracts and umpteen termination notices of disputed effectiveness, including one in 1981 that the parties agreed would be - but for unknown reasons was not - recorded in the Copyright Office. The District Court waded through this mess and determined that the parties' rights were still governed by the 1951 agreement, and therefore the grant to EMI would last the full 95 years, until 2029. However, the Second Circuit reversed, holding that a 1981 agreement was the...