Lovitz IP Law PC

10/24/2025

I've been asked to speak at this year's IP In Entertainment and Media Conference (put on by the California Lawyer's Association) on the topic of Comic Books and Graphic Novels - A Lawyer's Guide to the Journey to Screen.

The entire program looks to be amazing wish sessions on AI and copyright in entertainment, merchandising and partnerships in entertainment, and copyright infringement in the music industry filling out the half-day program, and a cocktail networking reception to end the day. So to all of you LA lawyers (and law students) - if you haven't already signed up, you should definitely check it out - here's a link to the program page:

The Intellectual Property Law Section is presenting a half-day in-person IP in Entertainment and Media Conference on November 6, 2025, at the Hyatt Centric Delfina Santa Monica.

10/13/2023

So very sad to have learned about Keith's passing. Keith was one of the most brilliant, hilarious and talented creators I've ever had the privilege of working with, and was responsible for bringing so much awe and joy to the entirety of comic book fandom. Condolences to his daughter Melinda and the rest of his extended family on this very sad loss.

The creator was known for his infusing his work with his subversive and sarcastic sense of humor.

07/17/2023

Last, but definitely not least, our Saturday panel of legal eagles will discuss several "hot topics" in IP law, including two recent Supreme Court decisions on fair use and parody, and how the creative world is reacting to AI.

View more about this event at Comic-Con 2023

07/14/2023

Next Friday morning we have this year's second program, with a panel of attorneys joining me to discuss making money from your IP, including in Hollywood (once they finish with their strikes, that is...)

View more about this event at Comic-Con 2023

07/13/2023

https://sched.co/1OWsf

View more about this event at Comic-Con 2023

03/15/2023

WonderCon is upon us once again, and I'll be presenting my IP Law panel on Friday late afternoon starting at 6:30.
And if you're going to the show but can't make that presentation, hit me up as I should be walking the show during the afternoon.
😁

View more about this event at WonderCon 2023

03/03/2023

Thrilled to report that an article I co-authored recently was published in the International Trademark Association (INTA)'s Bulletin of February 8, 2023, titled "Unintended Consequences", and concerns the copyright implications from the "Phillie Phanatic" costume lawsuit between the Phillies and the creative design firm Harrison/Erickson, Inc. This was the lawsuit that forced the Phillies to re-design the "Phillie Phanatic" costume back in 2019, and serves as a cautionary tale for companies that engage outside agencies in helping to create valuable IP.

02/01/2023

As if getting unsolicited letters weren't bad enough, now patent and trademark owners need to be wary of telephone scammers pretending to be from the U.S. Patent and Trademark Office.

https://content.govdelivery.com/accounts/USPTO/bulletins/34617d2

Always remember that any fees that may be owed will always be made through the USPTO website, and NEVER over the phone.

Beware of spoofed calls that impersonate the USPTO United States Patent and Trademark Office sent this bulletin at 02/01/2023 01:00 PM EST Having trouble viewing this email? View it as a Web page. Trademark Alert Beware of spoofed calls that impersonate the USPTO Scammers have recently started calli...

02/13/2021

So a couple years back I was approached by Kenny Malone from Planet Money who had a fascinating idea for a group of podcasts - they wanted to create a new superhero (or buy an old one) that they could own and monetize, whether as a new comic book or through merchandise. We had several conversations and he attended my Comic Book Law School programs at San Diego Comic-Con where he invested many hours listening to the programs and speaking with my guest presenters and several of the attendees, all the while searching for the best way to frame the story so that not only would it be informative but also humorous for the Planet Money listeners. Fast forward to today when the first of 3 podcast episodes was released. While nothing from the hours of our interviews or San Diego programs actually made it into the final product, Kenny was nonetheless kind enough to give me a "shout out" at the end of the episode. And sure, while it would certainly have been fun to have my voice show up in the final product, it doesn't change the fact that the Planet Money folks have another winner on their hands. Their take on this topic is exactly what Kenny had wanted - informative and humorous. The first episode is only 23 minutes, so no excuse not to give it a try - hopefully you'll enjoy it as much as I did!

Marvel has 7,000 characters, many of them forgotten. We want to buy one from their vault and launch our own little Planet Money franchise. | Subscribe to our weekly newsletter here.

12/18/2020

The 9th Circuit today handed down their decision concerning the ComicMix book "Oh, The Places You'll Boldly Go", a mashup of Star Trek and the Dr. Seuss book "Oh, The Place You'll Go", and while ComicMix has long maintained the book would be "pretty much protected by parody", the 9th Circuit panel disagreed, noting “the addition of new expression to an existing work is not a get-out-of-jail-free card that renders the use of the original transformative."
The Panel disagreed with ComicMix's position that the book was a transformative parody of the Dr. Seuss original, finding that all four of the fair use factors weighed against ComicMix:
1) Purpose and Character of Use: "Although ComicMix’s work need not boldly go where no one has gone before, its repackaging, copying, and lack of critique of Seuss, coupled with its commercial use of Go!, do not result in a transformative use."
2) Nature of the Copyright Work: Boldly’s copying of a creative and “expressive work[]” like Go! tilts the second factor against fair use
3) Amount and Substantiality of Use: "Given the absence of a parody or a transformative work, ComicMix offers no justification for the commercial exploitation and the extensive and meticulous copying of Go!. In fact, after the case was initiated, Gerrold offered to 'replace the stuff that’s too dead on,' demonstrating that the mash-up “based on Dr. Seuss’s artwork” could have been created without wholesale copying of the work.
4) Effect of the Use Upon the Potential Market for or Value of the Copyrighted Work - Seuss claimed there would be harm to the market, and the Court agreed: "The bottom line is that ComicMix created, without seeking permission or a license, a non-transformative commercial work that targets and usurps Go!’s potential market."
The Court further noted under the fourth factor that "the
unrestricted and widespread conduct of the sort engaged in
by ComicMix could 'create incentives to pirate intellectual
property' and disincentivize the creation of illustrated
books. Monge, 688 F.3d at 1182. This is contrary to the goal
of copyright '[t]o promote the Progress of Science.' U.S.
Const. art. I, § 8, cl. 8."
The Court concluded it analysis as follows:
"Based on our weighing of the statutory factors 'in light of the purposes of copyright,' we conclude that ComicMix cannot sustain a fair use defense."

You can access a copy of the decision from this article:

10/29/2020

For a good cause, and will make a sweet holiday present for any cat lover or kid!

The true story of cat who lost his family and the journey to reunite with them again, | Check out 'Saved by A Whisker: A Children's Book' on Indiegogo.

10/16/2020

As always, we here at Lovitz IP Law encourage everyone who is eligible to exercise your right to vote!

All Election 2020 information in one place.