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Features
The creative story-telling that fueled the passion of fans inspired a number of them to expand the Star Trek universe on their own through "fan films," which can challenge the property owners' efforts to maintain the integrity and appeal of their franchise. If unchecked, unauthorized derivatives could lead to an eventual loss of the copyright and trademark rights that underlie the value of the property.
Features
Nearly 70 years after it became law, the U.S. Supreme Court heard arguments in January on whether §2(a) of the Lanham Act violates the First Amendment. The case, <i>Lee v. Tam,</i> focuses on the provision that forbids registration of trademarks that "disparage" people, institutions, beliefs or national symbols.
Features
Paul McCartney has long wanted to reclaim ownership of his share of the copyrights to "Love Me Do," "Ticket to Ride" and numerous other Beatles hits he co-wrote with John Lennon. But the unfavorable December 2016 decision by a British judge in a copyright termination dispute involving the 1980's hitmakers Duran Duran raised some doubts — at least in the minds of Sony/ATV Music Publishing and its counsel — about whether the U.S. copyright law rights can supersede valid contracts assigning away musical rights and also prevent Paul McCartney from exercising his termination rights.
Features
What happens in Vegas does not necessarily stay in Vegas. Such was the recent ruling by the USPTO that denied registration of the trademarks "Las Vegas Golden Knights" and "Vegas Golden Knights" to the newest NHL franchise, due to their similarity to Golden Knights of the College of Saint Rose, a mark owned by a small college in Albany, NY.
Features
Noise ordinances are often the bane of live performances venues. A jazz brunch in Miami Beach has sparked litigation between the city and a cafe owner with an interesting twist over the constitutionality of the city's noise ordinance.
Features
The social networking company is being sued by videogame maker ZeniMax Media, which says Oculus stole its technology. Facebook responded that Zenimax's story is nothing but a "fantasy" by a company that was "embarrassed" and "humiliated." It's worth taking a closer look at how each side is framing the fight.
Columns & Departments
Failure to Geoblock User Uploads of Movies Isn't Ground for Establishing Personal Jurisdiction Over Web Company<br>Letter of Intent For Production of Film Wasn't Binding<br>Use of Catcalling Footage in Ad Doesn't Result in Viable False Endorsement Claim by Actress
Features
The Copyright Office has mandated a new procedure for how online service providers — including websites, hosting companies, mobile app publishers and other online services that permit user-generated content — must designate an agent to receive notifications of claimed infringement under the DMCA.
Features
No common law right of public performance exists in New York state to compel Sirius XM Radio to pay fees for the use of pre-Feb. 15, 1972 sound recordings by popular artists such as The Turtles, the state's highest court ruled in <i>Flo & Eddie Inc. v. Sirius XM Radio Inc.</i>
Features
Entertainment and intellectual property practitioners and businesses should take note of these changes, as they directly inform the manner in which these matters will be handled moving forward and could potentially affect outcomes.