When is a graphic design a "work of authorship" that, when incorporated into the design of a useful article, is "identified separately from, and ' capable of existing independently of, the utilitarian aspects of the article"? In deciding that the designs on cheerleader uniforms were more like copyrightable fabric designs than unprotectable garment designs, the Sixth Circuit undertook a lengthy analysis of "separability.
- November 02, 2015Judith L. Grubner
Franchisees and Dealers Should Plead Causation In Actions Against the Government
Michigan Court Transfers Case Brought By 41 Franchisees to Franchisor's Home StateNovember 02, 2015Cynthia M. Klaus and Bryan HuntingtonThe producer credited with launching the career of Lady Gaga has been granted a new trial after he was ordered to pay $7.3 million to a talent scout who introduced him to the singer.
October 05, 2015Charles ToutantA federal judge in Los Angeles ruled that Warner/Chappell Music does not hold a copyright to the song's lyrics, upending an 80-year licensing campaign that generated an estimated $2 million per year.
October 02, 2015Ross ToddAnalysis of a ruling out of Georgia.
October 02, 2015ALM Staff | Law Journal Newsletters |Using Relativity to gather, review and produce documents in response to discovery requests has historically been its core use. However, one of the most effective ways in which Relativity can be creatively used by competent operators is as an Information Governance (IG) application.
October 02, 2015Richard Lutkus and Tushar VaidyaTwitter Inc. has been hit with a proposed class action alleging that the company's handling of direct messages between users violates the Electronic Communications Privacy Act (ECPA).
October 02, 2015David RuizThe UK's Court of Appeal gave a very important judgment earlier this year in the so-called Vidal-Hall case concerning Google's Internet behavior tracking through a browser. The court found that: first, misuse of private information is now classified as a tort; and, second, financial compensation for distress caused by breaches of the Data Protection Act 1998 may now be claimed, despite there being no monetary loss.
October 02, 2015Andre Bywater and Gayle McFarlaneAttorney Fees Award to Victor Willis in Song Termination-Rights Litigation
New York Federal Court Supports Descendibility of Lanham Act False Endorsement ClaimsOctober 02, 2015Stan SoocherThe long-awaited decision of the National Labor Relations Board (NLRB) in Browning-Ferris Industries of California set forth new guidelines under which a company could be determined to be a joint employer so that it would be subject to collective bargaining.
October 02, 2015Charles G. Miller

