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Features

Johnny Cash Museum Case Includes Attorney Conflict of Interest Issue Image

Johnny Cash Museum Case Includes Attorney Conflict of Interest Issue

Stan Soocher

How does "eye of the beholder" apply to law clients for determining whether an attorney is representing more than one party to a negotiation? And how would attorney/client privilege work in such a situation? These issues have been raised in litigation involving sponsorship agreements for the Johnny Cash Museum in Nashville.

Features

Recent Court Rulings on 'Embedding' Foreshadow Split In Circuits Image

Recent Court Rulings on 'Embedding' Foreshadow Split In Circuits

Tamerlin Godley and Kiaura Clark

When and how can someone else's visual content be displayed on a website without the website operator running afoul of copyright law? When and how can someone else display the website operator's visual content? A recent ruling on a popular practice at the center of these issues for entertainment and media companies may upend the current paradigm.

Features

Consultants Lose Bid for Percentage of Record Label Image

Consultants Lose Bid for Percentage of Record Label

Greg Land

A successful Atlanta-based hip-hop and R&B label beat back the efforts of a Los Angeles consulting firm to lay claim to hundreds of thousands of dollars and a large chunk of the company itself, when a jury declared that the record company owed the consultants less than $3,500.

Columns & Departments

Fresh Filings

ljnstaff

Notable court filings in entertainment law.

Columns & Departments

Players on the Move

ssalkin

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Columns & Departments

Upcoming Event

ljnstaff

Copyright Year in Review, Nashville TN

Features

Right of Publicity Case Roundup Image

Right of Publicity Case Roundup

Stan Soocher

Several recent court rulings aptly demonstrate how the right of publicity continues to be a vital cutting-edge area of celebrity law.

Features

Legal Issues In Reopening Broadway Image

Legal Issues In Reopening Broadway

Mathew Windman

With the reopening of Broadway now in full swing, this is an ideal opportunity to address new legal developments.

Features

U.S. Supreme Court Considers Copyright Registration of Multiple Works Image

U.S. Supreme Court Considers Copyright Registration of Multiple Works

Rex A. Donnelly

The 'Unicolors' case highlights the value of copyright registration, not only for creators who rely on the exclusivity of their content for making a living, but also for anyone with copyright eligible works in their IP portfolio.

Features

Litigation Over Skater Girl Film Transferred to CA Image

Litigation Over Skater Girl Film Transferred to CA

Cedra Mayfield

When Atlanta filmmaker-turned-plaintiff Raymond Pirtle Jr. filed a copyright infringement suit against CA-based Netflix in the U.S. District Court for the Northern District of Georgia, he pitted him against seasoned attorneys, representing a corporate giant in a case that has both sides claiming early incremental victories.

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    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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