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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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New York Federal District Court Dismisses Investor Lawsuit Over Tencent Music IPO
By Stan Soocher
In December 2018, China-based titan Tencent Music Entertainment launched a U.S. initial public offering (IPO). But the IPO resulted in an investor’s class action suit alleging TME violated federal securities laws. This is part of a trend of increasing such securities suits against foreign companies, though the U.S.
Legal Triggers In NFT Crypto Craze
By Michael A. Mora and Alaina Lancaster
The latest cryptocurrency craze has litigators closely watching from the sidelines. Buyers of digital non-fungible tokens (NFTs) are ready to shell out hundreds of thousands of dollars, sometimes more, but when disputes start to hit the scene, litigators said there is little to no case law as precedent.
Supreme Court on APIs and Fair Use
By Scott Graham
Google didn’t get an answer from the U.S. Supreme Court on whether the Java Application Programming Interfaces (APIs) it copied from Sun Microsystems were copyrightable. But it got just about everything else it could have hoped for in a decision that ended its 11-year copyright clash with Sun's successor, Oracle.
2d Cir. Issues Two Notable Copyright Fair Use Decisions
By Tom McParland
The U.S. Court of Appeals for the Second Circuit recently issued decisions in two closely watched copyright fair use cases involving photographs. In the…
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