In the event litigation occurs, previously ignored boilerplate provisions may well determine who maintains leverage throughout the case and, ultimately, who prevails. This article discusses the applicable general principles and drafting considerations for some of the most frequently litigated boilerplate provisions.
Copyright Infringement/Parody Defense
Film Production Insurance/Green-Light Endorsement
Right of Publicity/Newsworthiness Defense
Malpractice Suit over Sound Recordings Is Reinstated
Counsel Withdrawal Motion Granted
The tangled bankruptcy mess created by former boy band impresario Lou Pearlman, currently in prison after admitting he ran a $300 million Ponzi scheme, has left a trail of out-of-pocket investors looking to recoup their losses.
The U.S. Supreme Court declined to hear the copyright infringement case brought by television networks and Hollywood studios against Cablevision over technology that allows viewers to record TV shows.
The U.S. Court of Appeals for the Third Circuit upheld a finding of contempt against associates, family employees and corporate successors-in-interest of music promoter Larry Marshak over use of the name of The Drifters vocal group. But the appeals court strengthened remedies that plaintiff Faye Treadwell, widow of former Drifters manager George Treadwell, had been awarded by the district court in the contempt proceeding.
Recent rulings of interest to you and your practice.
Delivering a blow to bloggers' rights, a federal appeals court has ruled that a Washington state teacher's blog attacking co-workers, the union and the school district was not protected speech, and therefore she was not unlawfully demoted over it.
Copyright Preemption/Accounting Claims
Right of Publicity/Copyright Preemption
Right of Publicity/News Exception
Trademark Disputes/Infringement Defenses
Are labels on commercial products, which can be seen worldwide, synonymous to the pages of print publications, which can linger in public sight for days or years?
