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During a time when online marketing, virtual shopping and electronic communication are more widely used than ever, it is critically important for entertainment industry businesses to be highly aware of how they are using trademarks, the scope of a trademark owner’s rights and the consequences of infringing them. Parties utilizing trademarks to market and sell their goods or services should be careful not to infringe on an existing trademark, else they be subject to monetary consequences in addition to equitable remedies like an injunction. And for many, the amount of recoverable damages at stake is a primary driver to strategic decisions regarding when to initiate, defend or settle litigation.
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By Stan Soocher
In a case of first impression, the Eleventh Circuit decided that a copyright plaintiff may recover damages that occur more than three years before a copyright lawsuit is filed.
Nugent Photo Copyright Dispute Offers Appellate Look at Post-Warhol Fair-Use Analysis
By Avalon Zoppo
The Fourth Circuit ruled that a copyright infringement claim against a news site, for using a photo of musician Ted Nugent without credit, could proceed, one of the first federal appellate decisions interpreting the U.S. Supreme Court’s most recent iteration of the fair use test.
By Entertainment Law & Finance Staff
Malpractice Claims Filed Against Loeb & Loeb and Of Counsel Over King Fury 2 Film Production
King, Holmes, Paterno & Soriano Sued for Malpractice Over Representation of Sublime Band
By Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.