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Features
Are Rule 12(b)(6) Dismissals In Copyright Infringement Lawsuits In Danger?
Until recently, the Second and Ninth Circuits have both been receptive to dismissals under Rule 12(b)(6) if the court determines the plaintiff cannot plausibly state a claim of copyright infringement because the two works are not substantial similar. However, a pair of recent "unpublished" Ninth Circuit reversals involving prominent motion pictures stand in contrast to a recent Second Circuit decision affirming such a dismissal.
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Counsel Concerns: Plaintiffs' Counsel Faces Sanctions In Litigation that Alleged Wrestler Head Damage
More than 50 wrestlers sued World Wrestling Entertainment, claiming it knew — but never disclosed — the risk associated with the sport. But it was Massachusetts plaintiff counsel Konstantine Kyros and his firm who judges singled out for plagiarism, false claims and other misbehavior in the case.
Features
Global Perspective On Filing Trademark Registrations
The entertainment industry is a global business, but many U.S. brand owners do not realize that their valuable trademark rights stop at the U.S. border.
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Methods for Trademark Valuations
Valuations of trademarks, such as those in the entertainment industry, are most commonly performed in relation to a sale or licensing transaction or for lending and collateral purposes.
Features
CA Appeals Court Rules Hobbs & Shaw Film Dispute Must Be Heard By Court
Universal City Studios will have to settle a contract dispute with a producer from the Fast & Furious movie franchise in court after a California appeals court ruled the entertainment company could not enforce an arbitration agreement.
Features
Upcoming Event
28th Cutting Edge Entertainment Law Seminar. Oct. 15-17, 2020.
Features
In Decision of First Impression, Court Decides 'Gap Grants' Can Be Terminated Under §203 of U.S. Copyright Act
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.
Features
COVID-19 and Force Majeure Clauses
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.
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