Articles/News
Oh, Happy Day: Happy Birthday Enters the Public Domain
Intellectual property attorney and litigator, Andrew MacKay was interviewed by Nancy Weingartner for this article in the Franchise Times. The article explains, now that a judge has ruled ‘Happy Birthday To You’ is in the public domain, franchise restaurateurs may stop singing alternative versions of the song, if they choose to do so. Until the class […]
ICANN Approves Sweeping Change to Domain Name Policies
Previously, there were only 22 gTLDs, including the familiar .com, .net and .org used by most businesses. In addition, there are a few hundred country code top level domains, such as the United Kingdom’s .uk, Japan’s .jp and Germany’s .de. ICANN’s decision opens the door for any qualified entity to create its own top-level domain, which […]
‘Happy Birthday’ Suit Resolved: The Most-Sung Song Is Free for All
UC Berkeley School of Law Alumni Daniel Schacht and Andrew MacKay spoke to Andy Gilbert about the ‘Happy Birthday To You’ class action lawsuit for this article published in California Magazine. Schacht recounts the story of how he heard a podcast by law professor Robert Brauneis about ‘Happy Birthday To You’ making two points, (1) the […]
Donahue Fitzgerald Attorneys Wrap Up $14 Million Settlement in “Happy Birthday to You” Class Action Lawsuit
OAKLAND, Calif., JUNE 27, 2016 – It’s official! Sing it loud, sing it proud, and sing it for free, knowing that you won’t get hit up for royalties. The world’s most famous song, “Happy Birthday to You,” is now in the public domain thanks in large part to Donahue Fitzgerald LLP Partners Andrew MacKay and […]
Domain Name Enforcement
Donahue Fitzgerald LLP’s Domain Name Enforcement Program has an impressive track record of stopping this cybertheft. Our law firm has efficiently handled thousands of domain name matters to protect our clients’ valuable trademarks.The Domain Name Enforcement Program monitors existing and new domain name registrations for infringing domains. We watch not only for domains that incorporate […]
Copyright Registration: The Best Remedy For Infringement
It is true that, under U.S. copyright law, a copyright emerges automatically when a creative work is “fixed in a tangible medium of expression” (e.g., when a person records an original song or writes source code for a computer program, the creative work is “fixed” and a copyright emerges automatically). The ability to obtain a […]
Workplace Email Policies
You are a manager or owner of a small company, which has just been sued by a former employee for sexual harassment, retaliation, invasion of privacy and intentional infliction of emotional distress. Company employees each have access to a networked company computer for which they have their own private passwords. In investigating, you discover that, […]
New Wage and Paid Sick-Leave Requirements in Oakland in 2015
On November 4, 2014, voters in the City of Oakland approved Measure FF, a ballot initiative that will require all Oakland employers to implement the following policies for their employees: (1) raise the minimum wage to $12.25 per hour; (2) provide at least five days of paid sick leave per year; and (3) pay hospitality […]
Brinker Decision Impacts Meal and Rest Break Policies
On April 12, 2012, the California Supreme Court issued its long-awaited decision in Brinker Restaurant Corp. v. Super. Ct., Case No. S166350, addressing issues of critical importance regarding employers’ obligations to provide meal periods and rest breaks to nonexempt employees. The most widely anticipated aspect of the Brinker Decision was the clarification of what it means […]
Avoid Class Action Suits by Using Arbitration Agreements
On April 27, 2011, the U.S. Supreme Court issued a ruling in AT&T Mobility LLC v. Vincent Concepcion that barred a consumer class action and overturned prior California law that prohibited class action waivers in arbitration agreements. In doing so, the Court created a mechanism by which savvy businesses can avoid class actions in a […]