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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.
By Stan Soocher
In the 1976 Copyright Act, Congress inserted a termination right for authors or their successors for pre-January 1, 1978, assignments of copyrighted works. However, the legislators didn’t directly address a key issue: how to determine termination rights for what are known as “gap grant” works — that is, those created post-1977 under copyright assignments made before then.
COVID-19 and Force Majeure Clauses
By Neil J. Rosini and Michael I. Rudell
The COVID-19 outbreak has wreaked havoc on the entertainment industry. Productions have been halted and distribution channels disrupted. In the midst of this pandemic, one big question for contracting parties is whether force majeure will excuse or postpone a party’s obligations without liability.
FL Federal Court Rules ‘Despacito’ Doesn’t Infringe on ‘Despasito’
By Raychel Lean
Federal Judge Kathleen Williams recently analyzed the hit song “Despacito” in a copyright lawsuit in the U.S. District Court for the Southern District of Florida, when she found its writers had not copied an earlier Spanish song with the same name.
Ticket Refund Suits Against StubHub to Get MDL Treatment
By Amanda Bronstad
Online ticket reseller StubHub faces lawsuits over allegedly unrefunded event tickets in California, after a federal judicial panel ordered that similar cases from jurisdictions in multiple states be coordinated.
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