THE ADVOCATE V O L . 7 5 P A R T 1 J A N U A R Y 2 0 1 7 157 Edward Koch (1924–2013) served three terms as Mayor of New York, from 1978 to 1989. Mr. Koch is the author of numerous books including his most recent book entitled The Koch Papers: My Fight Against Anti-Semitism. He is currently a partner in the law firm of Bryan Cave LLP, hosts a Friday evening call-in radio program on Bloomberg AM 1130 WBBR and lectures around the country. J. Michael Keyes is a U.S. intellectual property partner at Dorsey & Whitney. He recently reported on a lawsuit alleging that a company named ComicMix had violated intellectual property created by Theodor S. Geisel (known to the world as Dr. Seuss). Keyes summarized the situation like this: Dr. Seuss Sues in Sue-ville This Holiday Season You know Green Eggs and Ham, and The Cat in The Hat, Horton, The Lorax, and others like that. But a new book is coming, although now a bit slow, It’s called “Oh, The Places You’ll Boldly Go!” Sure it sounds like the book already penned by Doc Seuss, But it’s not, oh it’s not, an infringer’s on the loose! Or so claims the estate of the author of Grinch, Bring on the lawyers, this case is a cinch! So the lawyers lined up and formed quite a roster, All hands on deck to take down this imposter. They filed their suit for the Green Eggs writer, And sought an injunction to make things a bit brighter. Who is this villain, this dastardly soul? Who dares to infringe “Oh, The Places You’ll Go!?” The main culprit’s a company called ComicMix, And its VP and others are in quite a fix. It is claimed they have copied a work of great fame, And created confusion in the market for same. They may ask, “what’s the problem, say, what the heck?” “It’s simply a mash-up with a touch of Star Trek.” “We know about fair use and its factors of four,” “We’re sure to prevail, at the courthouse door.” But fair use is tricky, as the defendants may see, It’s not quite as simple as A, B, and C. Who will prevail, say, who will win? The defendants’ chances appear quite dim. An injunction is likely, perhaps damages too, And fees for the lawyers, after all, they had to sue. For what appears to be a very good reason, Dr. Seuss sues in Sue-ville this holiday season. We will keep you all posted, it should be quite a sight, Happy holidays to all, and to all a good night!
Jan Advocate 2017
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