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IP News
Federal Circuit Throws Out District Court's Test for “Place of Business” for Purposes of Determining Venue in Patent Cases
Features

Delaware Dethroned
<b><i>South Dakota Now Top Corporate Lawsuit Venue</b></i><p>South Dakota has replaced Delaware as the No. 1 choice of in-house counsel and business executives for handling corporate lawsuits, according to a new report from the U.S. Chamber of Commerce's Institute for Legal Reform.
Columns & Departments
Business Crimes Hotline
Discussion of two significant rulings.
Columns & Departments
Real Property Law
Analysis and discussion of five major rulings.
Columns & Departments
Case Notes
The Court of Appeals of Nevada recently affirmed in part and reversed in part a lower court's holding, reinstating a tenant's claim for breach of the covenant of quiet enjoyment stemming from the behavior of the claimant's co-tenants. Here's why this case matters.
Features

Inside Naming Rights Deals
Barclays Center, Levi's Stadium, Golden 1 Center, Mercedes-Benz Stadium, Hard Rock Stadium — any sports fan or concert-goer can rattle off these names as venues of spectacular games and top-notch musical performances. What is behind those names? Naming rights transactions, which are increasingly popular thanks to their unique intersection of advertising, promotional opportunities, and headline-grabbing financial terms.
Features

Technology That Filters Movie Content Infringes Studios' Copyrights
"Star Wars is still Star Wars, even without Princess Leia's bikini scene," said federal Circuit Judge Andrew D. Hurwitz in denying an appeal by the movie-filtering service VidAngel to lift an injunction that has kept its technology off the market since December 2016.
Features

Entertainment Industry: Take Note Of Surge in Trade Secrets Litigation
Intellectual property battles in technology, including in the entertainment industry, are nothing new, but their nature might be shifting. These days, many of the big IP litigation battles have nothing to do with patents, trademarks or copyrights. Instead, it's all about trade secrets.
Features

Mixed Ruling in Jefferson Starship Band Name Suit
What's in a rock band's name? Plenty, if you are talking about Jefferson Starship, which goes back more than 40 years, has had more than 30 members and was born from the 1960s psychedelic rock band Jefferson Airplane.
Features

Selling the Value of Litigation Support
When it comes to practicing litigation, the use of technology is no longer optional. What is optional, however, is under which business model firms deliver this service to their clients, and how to determine which model balances the most value — to the client and the firm.
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- Major Differences In UK, U.S. Copyright LawsThis article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.Read More ›
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- The Article 8 Opt InThe Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.Read More ›
- "Holy Fair Use, Batman": Copyright, Fair Use and the Dark KnightThe copyright for the original versions of Winnie the Pooh and Mickey Mouse have expired. Now, members of the public can create — and are busy creating — their own works based on these beloved characters. Suppose, though, we want to tell stories using Batman for which the copyright does not expire until 2035. We'll review five hypothetical works inspired by the original Batman comic and analyze them under fair use.Read More ›
- The Stranger to the Deed RuleIn 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.Read More ›