A proposed law to combat digital piracy stalled last year in the face of widespread public opposition, but district courts are embracing its controversial remedies against Internet companies that do business with alleged infringers in trademark cases.
Social networking sites are not just for social networking. As individuals become more and more comfortable with presenting "private" information to the "public," information posted on social networking sites can provide a rich source of discovery and can be a game-changer in litigation.
Eleventh Circuit Interprets "Licensed Indicia"
Humor Website Qualifies as "Internet Service Provider"
No Substantial Similarity Found Between Rap and R&B Songs
Songwriter Royalties Aren't Immune from Attorney Fees Levy
Two recent court rulings ' one involving the movie The Hangover: Part II and the other the TV series South Park ' considered unusual issues in challenged uses of content in entertainment productions.
A federal judge dismissed an antitrust action brought on behalf of retired professional football players who accused the National Football League of monopolizing the market for DVDs, videos and films featuring the plaintiffs' names and likenesses.
In 2007, the television network Nickelodeon handpicked Caitlin Sanchez, then 12-years-old, to voice the wildly popular cartoon character "Dora the Explorer." But Sanchez's stint playing a cheery preschooler wound up introducing her into a very adult world of litigation.
After performing-rights organizations ASCAP and BMI lost royalty rate challenges against background music provider DMX Inc. in 2010, they turned to a pair of former U.S. solicitors general to handle their appeals. But all that appellate firepower wasn't enough to turn their fortunes around.
In a stunning victory for the Obama administration, the U.S. Supreme Court on June 29 upheld the centerpiece of the nation's new health care law ' the so-called individual mandate to buy insurance ' as a constitutional exercise of Congress' taxing authority.
The naughty five-year-old Japanese comic-book character Crayon Shinchan would tell foreign trademark owners that although foreign trademarks ultimately receive legal protection in China, pragmatic owners must be mindful of the time and costs involved.
Although the Supreme Court's decision in Kappos v. Hyatt addressed the Patent Act specifically, the decision may have implications for cases brought in district courts to challenge decisions of the Trademark Trial and Appeal Board. The Kappos decision may also encourage defendants to continue pushing against the "clear and convincing evidence" standard for obviousness challenges based on prior art not considered by the PTO during examination.
