Features
An Overview of Recovering Trademark Infringement Damages
This article discusses recovering damages for trademark infringement and various strategies for establishing those damages.
Features
A Little Knowledge Goes a Long Way: A High-Level Overview of Liability Insurance Provisions in a Retail Lease Agreement
Despite their seemingly lackluster nature, well-drafted insurance provisions in a contract between a landlord and tenant can be extremely important when it comes to mitigating potential exposure and protecting a shopping center's assets.
Features
IP Provisions in 'New NAFTA' Agreement
With Canada's agreement, the stage was set for the 24-year-old North American Free Trade Agreement (NAFTA) to end and the U.S. Mexico Canada Agreement (USMCA) to take its place.Among the provisions of note for the entertainment industry, copyright will receive a boost from the USMCA.
Features
DMCA Filmmakers Exemption Expanded
Digital Millennium Copyright Act exemptions aren't just for documentary filmmakers anymore. The U.S. Copyright Office and Library of Congress has broadened a DMCA exemption to now allow more filmmakers to circumvent anti-copying technology and rip short video clips for purposes of commentary and criticism.
Columns & Departments
Case Note
'Clerical Error' Must Be Altered to Reflect the Plea, Not the Indictment
Features
Fifth Circuit Holds Asset Purchaser Unable to Acquire Rejected License Agreement
A license agreement "deemed rejected by operation of law" could not be acquired under a court-approved asset purchase agreement, held the U.S. Court of Appeals for the Fifth Circuit
Features
Due Diligence in Distressed Community Hospitals
Many community hospitals are in distress. The causes are varied but have a constant theme — the cost to adapt to a rapidly changing environment.
Features
Further Guidance On Article III Standing To Appeal PTAB Decisions Coming Soon
How, if at all, can a non-injured party that challenges a patent before the PTAB and loses may then demonstrate Article III standing to appeal to the federal courts from the PTAB's decision upholding the patent's validity.
Features
Secured Creditors Beware of Your Descriptions, Nomenclature and Terminations
Secured creditors can learn a great deal from a few recent bankruptcy cases involving the Uniform Commercial Code that remind us that the “devil is in the details.” These cases show that it is unrealistic to expect forgiveness by a court after a misstep involving Article 9 of the UCC.
Columns & Departments
Bit Parts
Phil Everly's Family Time-Barred From Claiming Co-Ownership of “Cathy's Clown” Song Copyright With Brother Don<br>Newsworthiness and Public Interest Exceptions in Indiana's Right-of-Publicity Statute Apply to Fantasy Sports
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- Don't Sleep On Prohibitions on the Assignability of LeasesAttorneys advising commercial tenants on commercial lease documents should not sleep on prohibitions or other limitations on their client's rights to assign or transfer their interests in the leasehold estate. Assignment and transfer provisions are just as important as the base rent or any default clauses, especially in the era where tenants are searching for increased flexibility to maneuver in the hybrid working environment where the future of in-person use of real estate remains unclear.Read More ›
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