Issue No. 028
July 15, 2026
New York
|
|
|
|
|
|
|
|
The IP Briefing · by ESCA Legal
|
|
|
|
| The Supreme Court of Puerto Rico ruled that Carliz De La Cruz Hernandez may continue pursuing claims over the use of her recorded voice on Bad Bunny's 2022 track Dos Mil 16, sending the case back to a San Juan trial court. |
| § | De La Cruz Hernandez alleges that she recorded the phrase Bad Bunny baby in 2015 at the artist's request and that it was later used without her written authorization. | | § | The court allowed a right of publicity claim tied to the 2022 use and revived a claim under Puerto Rico's Moral Rights of Authors Act. | | § | The court affirmed dismissal of claims involving the 2016 track Pa Ti because they were filed outside the limitations period. | | § | De La Cruz Hernandez seeks at least $40 million. The ruling allows claims to proceed and does not decide their merits. |
|
| Continue reading → |
| § ESCA Takeaway |
| Distinctive creative assets can carry several layers of rights at once. This issue follows disputes over a recorded voice, concert merchandise, a viral entertainment franchise, and the evidence used to maintain a trademark registration. |
|
|
| More IP Stories |
|
| § Trademark · Filed |
|
|
| HYBE, BIGHIT Music, and HYBE America filed a New Jersey federal complaint seeking to stop unidentified sellers from offering counterfeit BTS merchandise around the group's August concerts at MetLife Stadium. |
| § | The complaint names unidentified individuals and companies and asks for authority to seize allegedly counterfeit goods near the venue. | | § | The plaintiffs assert Lanham Act, unfair competition, and New Jersey right of publicity claims. | | § | HYBE alleges that the goods resemble official tour merchandise and are likely to confuse buyers about their source. | | § | The complaint states that HYBE America holds official tour merchandise rights and works with Amazon to sell authorized products. |
|
|
Why it matters
Concert merchandise enforcement often requires rights holders to act before sellers can be identified. The filing shows how trademark and publicity claims can support rapid venue-area remedies around a major tour.
|
| Continue reading → |
|
| § Copyright · Closed |
|
|
| A California federal judge dismissed the Skibidi Toilet rights dispute with prejudice after Invisible Narratives and Next Level Apps Technology reached an agreement recognizing Invisible Narratives' ownership of the franchise. |
| § | The agreement calls for 20 copyright registrations asserted by Next Level to be voided. | | § | Next Level agreed to stop challenging creator Alexey Gerasimov's role and to end its involvement with the franchise's intellectual property worldwide. | | § | The parties will dismiss their claims and counterclaims with prejudice and bear their own legal fees. | | § | The settlement ends a case that had been scheduled for a five-day jury trial in March 2027. |
|
|
Why it matters
Ownership clarity can determine whether an online franchise can expand into licensing, retail products, games, and film. The resolution consolidates control over a property that grew from short videos into a broader entertainment business.
|
| Continue reading → |
|
| § Trademark · Pending |
|
|
| A Northern California magistrate judge allowed professional trumpet player Charles Bertini to add two narrow fraud theories to his challenge against Apple's APPLE trademark registration for entertainment services. |
| § | One theory concerns whether a website specimen submitted in 2018 was publicly available when Apple filed it with the USPTO. | | § | The second concerns whether a Canadian Apple webpage was presented in a 2022 maintenance filing as evidence of use in U.S. commerce. | | § | The court rejected most of Bertini's proposed fraud allegations for failing to meet heightened pleading requirements. | | § | The ruling permits amendment and does not decide whether Apple committed fraud. Bertini's amended complaint is due July 23. |
|
|
Why it matters
Trademark registrations depend on accurate evidence of use. The order narrows a broad challenge to two specimen-specific questions that can now proceed beyond the pleading stage.
|
| Continue reading → |
|
|
|
|
|
|
Not subscribed? Sign up for future editions of Marked by ESCA Legal.
|
|
|
|
This newsletter is for informational purposes only and does not constitute legal advice. Published by ESCA Legal. Reading it does not create an attorney-client relationship. Attorney advertising; prior results do not guarantee a similar outcome.
|