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Litigation

  • In ABC v. Aereo, the U.S. Supreme Court reversed the Second Circuit's holding that Aereo did not directly infringe the copyright owners' public performance rights through the operation of the "Watch Now" function of its service.

    August 02, 2014J. Alexander Lawrence
  • Pomegranate juice is the subject of an intense legal battle between POM Wonderful and Coca-Cola Co. In its Lanham Act challenge, POM alleges that Coke's juice product's name, label, marketing and advertising mislead consumers into thinking the product is mostly a pomegranate and blueberry juice when it in fact is mostly apple and grape juice.

    August 02, 2014Kyle-Beth Hilfer
  • No Disclosure Document? Not Always a Problem.

    August 02, 2014Alexander Tuneski
  • This article examines the allegations of Spirit that Led Zeppelin copied the introductory descending guitar figure in "Stairway to Heaven" from its 1968 instrumental, explains why the suit is not stale despite being brought 42 years after the release of "Stairway," and discusses the challenges that the plaintiff must overcome if he is to prevail in the litigation.

    August 02, 2014Christopher P. Bussert and James A. Trigg
  • Arbitration Provision Read Into SAG-AFTRA Limited Exhibition Agreement
    DVD Cover Photo Included In News Reporting Was Fair Use

    August 02, 2014Stan Soocher
  • Anti-waiver provisions in state franchise acts have traditionally been used to trump the venue designated in the franchise agreement and to successfully transfer venue to the franchisee's home state. However, a recent decision from the U.S. District Court for the Eastern District of Michigan has added weight to a small but growing body of cases enforcing forum-selection clauses against franchisees that operate in states with franchise acts containing anti-waiver provisions.

    August 02, 2014Fredric A. Cohen and Allison R. Grow
  • On June 25, 2014, a 6-3 majority of the U.S. Supreme Court held that Aereo's streaming service ' which allowed customers to view over-the-air TV broadcasts via the Internet ' violated the broadcasters' public performance right under the Copyright Act. Applying what the dissent derided as "an improvised standard ('looks-like-cable-TV')," the majority held that Aereo infringed copyrights owned by the television networks.

    August 02, 2014Mitchell Zimmerman
  • While the term redaction is well known in the legal community and government agencies, the term itself is new to those not in the fields mentioned above. Because of improper redaction making its way into the headlines, more and more people are seeing the term.

    July 02, 2014Sue Hughes
  • An in-depth look at several key rulings.

    July 02, 2014ALM Staff | Law Journal Newsletters |