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Law and Magic Update: Milestone Case on Imitating Magician's Devices Settles

It can't be all that easy writing the Law and Magic Blog -- maybe a bit like being the Maytag repairman, sometimes. You keep a vigilant watch for new material ... waiting, waiting ... any new magic law developments today? No, not today.

Sometimes you look to 30+year-old episodes of "Sanford & Son" for blog fodder. Remember when Grady's rehearsal of his magic act went bad when he couldn't decipher the instructions written in Chinese, and Fred and Esther were handcuffed together? "Given that these two do not like each other, does anyone think they'll threaten Grady with an IIED claim? What about a 'negligent magician' lawsuit?"

Spiderpen But sometimes, like yesterday, law and magic naturally flow together just like you knew they would. As discussed in this post on the Law and Magic Blog, an important patent infringement lawsuit regarding a unique magician's device (the "Spider Pen") has now settled.

The plaintiff in the case, Yigal Mesika, announced that the defendant is barred from selling products that incorporate his patented design elements, unless he either removes all infringing design elements or pays an agreed-upon royalty payment for each such use. Philip Brooks, who writes the Patent Infringement Updates blog, writes here that "[i]n the history of magic, Yigal Mesika v. Sean Bogunia et al., CV09-1580 JFW (C.D. Cal. 2009) stands as a significant milestone in that it is the first case to ever prevent imitation of a magician’s device for performing tricks."

Posted by Bruce Carton on May 27, 2010 at 01:06 PM | Permalink | Comments (3)


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