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Nerds in Court

John G. Nowakowski, Esq. (LLMT), is a graduate of the University of San Diego School of Law, and is licensed to practice law in California and Nevada. Christina R. Evola, Esq. is a recent graduate of the University of San Diego School of Law where her studies focused on intellectual property, antitrust, and media law. She is a lifelong gamer and avid cosplayer. DISCLAIMER: ‘Nerds in Court’ is for entertainment purposes only. Nothing should be construed as legal advice, or any advice for that matter, and no attorney-client relationship is formed by reading these posts. Do not consider information provided here as a substitute for obtaining legal advice from a qualified, licensed attorney in your state.
Nerds in Court has written 69 posts for Nerds in Court

WHY IT IS ILLEGAL TO RIDE A ZEBRA IN THE PARK ON THURSDAY IN SOME CITIES AND OTHER WHACKY LAWS

If you are reading this, then you are on the Internet.  If you are on the Internet, then it is inevitable at some point you came across a list of “dumb laws” or “whacky laws.”  It has probably even happened more than once.  Maybe a friend forwarded it to you, maybe you came across it … Continue reading

TIME TO KICK THAT NASTY HOBBIT [REPRISED]: NINTH CIRCUIT AFFIRMS INJUNCTION RESTRAINING ‘AGE OF HOBBITS’ MOCKBUSTER

Last year, the Global Asylum, Inc . (Asylum) announced plans to release Age of the Hobbits just a few days before New Line’s The Hobbit: An Unexpected Journey  was set to hit theatres. Age of Hobbits deals with a species discovered by archaeologists in 2003.  Scientists initially considered naming the new species “homo hobbitus”,” but settled on “homo floresiensis.”  In Age of Hobbits, the homo  floresiensis face off against … Continue reading

COSPLAY, COPYRIGHT, AND CARPET

Throughout the world, fans assemble at conventions and gatherings adorned in intricate costumes, gravity-defying hairstyles, and elaborate make-up modeled after their favorite characters from popular culture.  The trend is called “cosplaying” and those who engage in it are called “cosplayers.”  As anyone who has attended or seen pictures from a recent convention knows, cosplaying in … Continue reading

GHOST RIDER LAWSUIT BROUGHT BACK FROM THE DEAD

In December 2011, NiC covered the case of Gary Friedrich, the comic book writer who claims credit for inventing the flaming-skulled, motorcycle-riding hero of Marvel Comics.   Friedrich’s case had been moved to New York federal court in 2008.  Friedrich essentially claimed that his contract with Marvel gave them the rights to Ghost Rider in … Continue reading

ON PRISM, SMITH, AND PEN REGISTERS

Edward Snowden is a computer nerd that could be finding his way to court sometime in the future.  The big news of the week is Snowden’s leak that the CIA and other intelligence agencies, have been mining “metadata” of the American public.  Essentially, intelligence agencies have been gathering and analyzing data on which websites you visit, how … Continue reading

ARGUMENTS BEGAN AND ENDED IN 38 STUDIOS MOTION TO DISMISS: NO “OPENING ARGUMENTS”

It is being widely reported that the Providence Journal reported that Opening Arguments began in the Rhode Island case against 38 Studios, the producer of Kingdoms of Amalur. Nerds in Court previously covered the story here though little progress has been made other than repeated attempts by the 14 Defendants, including former star pitcher Curt Schilling, … Continue reading

GAMES WORKSHOP SPOTS AUTHOR’S USE OF THE TERM “SPACE MARINE” AND CLAIMS TRADEMARK INFRINGEMENT

In mid-December 2012, Amazon.com removed the e-book “Spots the Space Marine: Defense of the Fiddler” by MCA Hogarth from their store upon Games Workshop’s request. Games Workshop claimed Hogarth’s book infringed their trademark of the term “space marine.” Hogarth denied infringement, asserting to Amazon that “space marine” is a generic term and a fundamental trope … Continue reading

TIME TO KICK THAT NASTY HOBBIT: JUDGE ISSUES TEMPORARY RESTRAINING ORDER ON ‘AGE OF HOBBITS’ MOCKBUSTER

It was 1937 when Tolkien published “The Hobbit, or There and Back Again” to wide critical acclaim, from which time it has sold an estimated 35 million to 100 million copies. It was 1993 when Disney brought a lawsuit against a company, Goodtimes Home Video Corp. in the Southern District federal court in New York. … Continue reading

I ALONE GET SUED: LIGHTNING CRASHES ON EX-SINGER FOR BAND “LIVE” AS SUIT IS FILED FOR TRADEMARK INFRINGEMENT BY PROXY COMPANY OF FORMER BANDMATES

Vocalist/frontman Ed Kowalczyk started the band “Live” in 1991 with three other musicians. Friends in York, Pennsylvania, they had played under various combination until a 1991 contract with Radioactive Records saw them enter the studio under the new moniker. They also formed United Action Front Unlimited as a company to house the band’s new trademark … Continue reading

US v. KIM DOTCOM – PART I OF THE MEGAUPLOAD SAGA: THE CURIOUS CASE OF KIM DOTCOM

Kim Dotcom has led an interesting life. Born Kim Schmitz in Kiel, Germany, in 1974, the 6’6″, ~300 lbs., father of 5 (including twin girls born earlier this year) has been in the public spotlight, and had brushes with the law, since he was a teenager. At 19, he was known as Kimble (referencing the … Continue reading

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