How to avoid being sued by a Hollywood movie studio over intellectual property

The Hollywood studios have come under fire for suing companies for intellectual property rights without doing any due diligence. One example of this is the Sony Pictures hack. It took over 2,000 days to discover the hack and the studio, which makes films for the big screen, spent more than $1.5 billion to defend itself.The studio is…

Published by admin inSeptember 21, 2021
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The Hollywood studios have come under fire for suing companies for intellectual property rights without doing any due diligence. 

One example of this is the Sony Pictures hack. 

It took over 2,000 days to discover the hack and the studio, which makes films for the big screen, spent more than $1.5 billion to defend itself.

The studio is still reeling from the fallout. 

So when the studio’s lawyer asked the court to approve a preliminary injunction preventing Sony from using the term “Sony Pictures” in the movie and television credits, the court ruled that the studios had no right to use the term. 

“We are not in a position to determine whether the term ‘Sony’ is a trademark or an acronym of a trademark,” Justice John Paul Stevens wrote. 

This ruling is being used to fight back against the studios. 

According to the Hollywood Reporter, Sony is asking for a preliminary judgment that would allow it to use “Sony” for movie and TV credits for the next three years.

This move comes as the studios are facing an avalanche of lawsuits and the number of copyright holders who are seeking to block the use of the word “Sony.” 

While it is possible to trademark the term in a trademark application, there is no legal requirement for the plaintiff to use a trademark, nor is it an effective way to defend against trademark infringement lawsuits. 

Hollywood’s lawyers have taken a more creative approach.

They argue that the term is likely to confuse consumers and drive up costs for them. 

The term “Hollywood” is the only word that exists in the English language and has no legal significance. 

To avoid confusion, the studios have decided to create the “Sony/Columbia Pictures” trademark, which would be the only way to identify the film studio. 

However, that trademark is already used in various other industries, such as pharmaceuticals, consumer electronics, consumer goods, and the film industry. 

In its petition for preliminary injunction, Sony points to the fact that the studio did not use the word Hollywood in its first two films, The Artist and The Mummy, because they were directed by John Ford and produced by the studio.

The studios claim that the use was due to the “attractiveness” of the studio name and the need to promote their films. 

Sony also argues that the film credits were created as a result of a marketing campaign that used the word Paramount and not the studio logo. 

If the court agrees with the studios that “HBO” should be trademarked, then the studios will be forced to choose between their intellectual property and their movie business. 

While this is not a bad thing, it is important to remember that trademark rights are the primary tool in the studios’ arsenal. 

With a strong case against the “Hoodlums” and a successful preliminary injunction motion, the film studios will have to decide if they will continue to use their trademark to promote movies, or if they should be more cautious about using their trademark in the future. 

Follow me on Twitter: @karenmcguire

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