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Two camps are battling in New Jersey federal court over royalties paid by Universal Pictures for use of the car that became a time machine in the Back to the Future movie trilogy. Sally DeLorean, the widow of auto executive John DeLorean, claims in a lawsuit filed the U.S. District Court for the District of New Jersey that DeLorean Motor Co. of Humble, TX, misrepresented itself to Universal as owner of the DeLorean name. The complaint alleges that DeLorean Motor, which has said it wants to make new replica versions of the car, collected a “substantial payment” of royalties from Universal that the plaintiff said properly belong to the late automaker’s estate. DeLorean v. DeLorean Motor Co., 2:2018cv08212.
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NIL Regulation: Can the NCAA Recover and Advance Its Own Fumble?
By Howard Mulligan
With a view toward injecting some modicum of clarity into the volatile arena of NIL, a plethora of legislation has been enacted at the state level and proposed at the federal level.
Determining Ownership Rights of Social Media Accounts
By Dyan Finguerra-DuCharme, Felicity Kohn and Abla Belhachmi
Whether in the context of artist/entertainment company, employer/employee, franchisor/franchisee or influencer/brand relationships, who owns and controls the social media accounts and associated goodwill sometimes comes into dispute. This article provides guidance on the standards courts apply in determining ownership rights over social media accounts, as well as best practices to head off such disputes before they occur.
Trademark Trial and Appeal Board’s View of Parodies
By Susan A. Smith and Doyle S. Tuvesson
While most trademark-related lawyers are familiar with the “Bad Spaniels” and “Chewy Vuitton” federal court decisions on trademark parody, decisions by the USPTO Trademark Trial and Appeal Board on trademark parody marks are rarely examined.
By Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.