Features
Awaiting Supreme Court's Ruling on Hybrid Licenses
The owner of entertainment intellectual property often faces concerns about maximizing licensing revenues while addressing the restrictions of federal and state laws that create those rights. Because a given IP right may involve federal law and state law ' through associated trade secrets or confidential information ' licensing of that IP mix often presents a challenge to maximizing an entertainment IP owner's potential revenue generation.
Features
Third Circuit Decides Adult Film Industry Challenge to Federal Recordkeeping Laws
Federal regulations requiring producers of pornographic material to keep records of their models' ages don't violate the First Amendment, but the warrantless searches they authorize violate the Fourth Amendment, the U.S. Court of Appeals for the Third Circuit ruled.
Features
Fighting to Win: A General Counsel's Perspective on Retaining Outside Counsel
Myriad lawsuits are brought on behalf of consumers who allege that buyers of various food and beverage products are harmed because they consume products with labels promoting specific attributes or claims such as "better for you" or "all natural." How do you retain outside counsel?
Columns & Departments
Bit Parts
Copyright Act Doesn't Bar Separate Attorney-Fee-Shifting Provision<br>No Federal Jurisdiction over Songs Suit
Columns & Departments
In the Courts
In-depth analysis of a case involving potential criminal liability under the AKS.
Columns & Departments
Business Crimes Hotline
A look at a key ruling of interest.
Columns & Departments
Verdicts
Discussion of two recent important rulings.
Features
How to Obtain Social Media Data for Defending Lawsuits
It is pivotal that a practitioner who wants to conduct formal discovery of social media user content understand how each site stores and communicates its data. Armed with information, the informed attorney may well reap huge rewards when engaging in digital discovery.
Features
No Defamation From Comments on Atlanta Reality TV Show
An Atlanta R&B singer who said on a reality TV show that the CEO of her former record label mismanaged her career and beat her years ago in a hotel room has prevailed in a defamation lawsuit the CEO brought in Fulton County Superior Court.
Features
Battling Grey Goods? Advantages of ITC Now Writ in Black and White
Customers in the United States often pay more for valued branded goods than buyers of the same goods in less well-developed economies. Higher prices here in the U.S. in turn support profits and shareholder value for manufacturers of branded goods, and strengthen domestic industry.Yet this pricing disparity for the same products in different markets creates an incentive for the so-called grey market.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- 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 ›
- Strategy vs. Tactics: Two Sides of a Difficult CoinWith each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.Read More ›
- Clause & EffectNet-Profit Rights/Movies Based on TV Shows<br>Insurance/Contract-Breach Exclusion<br>Insurance/Copyright-Infringement CoverageRead More ›
- Rights and Obligations In Patent LicensesThe owner of a commercially successful patent may have competing desires. On one hand, the patent owner wants to protect the patent and secure its maximum benefit; on the other hand, the patent owner wants to avoid enforcement litigation with competitors because it is expensive and puts the patent at risk.Read More ›
- Foreseeability as a Bar to Proof of Patent InfringementThe doctrine of equivalents is a rule of equity adopted more than 150 years ago by the U.S. Supreme Court. Prosecution history estoppel is a rule of equity that controls access to the doctrine. In May 2002, the Court was called upon to revisit the doctrine and the estoppel rule in <i>Festo Corp. v. Shoketsu Kinzoku Kogyo Kabushiki Co. Ltd.</i> Ultimately the Court reaffirmed the doctrine and expanded the estoppel rule, but not without inciting heated debate over the Court's rationale — especially since it included a new and controversial foreseeability test in its analysis for estoppel.Read More ›