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Unlike other branches of intellectual property law, where the rights lapse after a span of time, trademark registrations are valuable because they can last indefinitely, so long as they continue to be used in commerce as a distinctive brand to distinguish a client’s goods and services. A federal trademark registration is required to take down social media infringers, combat counterfeiters and sell a client’s wares in an Amazon seller store. A registration can be helpful when seeking an investment for any start-up or new business, writing cease and desist letters or suing infringers. It significantly increases the value of any license agreement and initial public stock offering, or when it’s time to securitize a portfolio or sell the business.
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By Stan Soocher
Can the settlement of a lawsuit by one profit participant in a TV production be used to increase the contingent compensation provisions of other profit participants in the show?
In-House Counsel Perspective on Negotiating Social Media Influencer Contracts
By Chris O’Malley
With the FTC amping up its scrutiny in the social media influencer space, in-house counsel has an opportunity to mitigate risk and help their companies get more bang for their influencer marketing buck.
Pursuing AI Programmers and Third Parties over Alleged Rights Violations Caused by AI Software
By Jonathan Bick
Because AIs are capable of causing harm but cannot be a legal entity, they are not held accountable by court action. Several current and future possibilities exist to resolve AI difficulties. Current options involve identifying indirect liability. Future options include but are not limited to changing the law to make an AI a legal person and/or changing the law to make AI programing an ultra-hazardous activity.
By Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.