Though it has been a news focus recently, the legal issue of “net neutrality,” or an open Internet, has been a point of contention between Internet access providers and network users since the mid-1990s. Both sides have zealously but unsuccessfully lobbied Congress with multiple efforts to have desired legislation passed. This has left us instead with shifting regulatory actions taken by the Federal Communications Commission (FCC) attempting to address the issue.
February 01, 2018Barry SkidelskyA woman who fell and injured herself while attending a country music concert at Monmouth University cannot sue the school for damages, a New Jersey appeals court ruled in a divided decision that potentially sets the case up to be heard by the state Supreme Court.
February 01, 2018Michael BoothSeveral leading law firms in the National Football League concussion settlement litigation are taking issue with an expert report that suggested slashing attorney fee recoveries. More than 10 law firms have filed responses to a December expert report that recommended capping attorney fees.
February 01, 2018Max MitchellIn a nearly 50-page precedential opinion in a ruling of great significance to the entertainment industry, a TTAB panel of judges recently underscored the need to prove actual use in commerce in order to register a trademark, regardless of how low the standard for use under the Lanham Act has recently become.
February 01, 2018Howard J. Shire and Jeremy S. BoczkoThe tech-heavy entertainment industry is an active field for tech startup companies developing potential patents and trade secrets. But many cash conscious startups are forced to initially neglect protection planning for these intellectual property assets, instead allocating scarce resources to set up and initial operation costs. This article suggests some practical and economical steps for startups, especially those with tight finances, to protect what may become valuable patents and trade secrets.
February 01, 2018Dr. Dariush AdliEleventh Circuit Affirms Permanent Injunction Against Former Commodores' Member over Use of Group's Name
Federal Court Ruling in Trademark Battle over “Row”
Political Uses of Photos of Artists Ruled Transformative Fair Uses of CopyrightsFebruary 01, 2018Stan SoocherSince the start of the digital media era, content industries have engaged in a tug-of-war with courts over whether the identity of defendants accused of violating plaintiffs' rights, via online distribution, can be revealed.
January 01, 2018Stan SoocherThe U.S. Court of Appeals for the Ninth Circuit upheld a win for ESPN in a lawsuit that accused the company of sharing the personal identities of customers, who used the sports network's Roku streaming application, with data analytics companies.
January 01, 2018Ross ToddThe preference of the parties involved, even if reduced to writing, is rarely determinative of employment status. Instead, the specifics of the relationship will govern.
January 01, 2018Brian D. Murphy









