Litigation

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Copyright Ownership Issue Properly Sent to Jury<br>1981 Merchandising Royalties Underpayment Claim Can Proceed<br>Replacement Rollers Members' Breach Claim Is Dismissed

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Highlights of the latest franchising cases from around the country.

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The U.S. Court of Appeals for the First Circuit ruled that two television production companies didn't violate a photographer's copyright when they used an image they created that was similar to his photo ' depicting an imposter, who called himself Clark Rockefeller, and his daughter ' in a made-for-TV movie.

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The U.S. Court of Appeals for the Seventh Circuit affirmed dismissal of a suit by a fan whose 16-second backstage discussion with the comedienne Joan Rivers was included in the documentary <i>Joan Rivers: A Piece of Work</i>.

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Unlike patent, trademark and copyright law, rights of publicity are governed by a patchwork of state statutes and common-law decisions, rather than by a single federal statute. And unlike trade secret law, rights of publicity are not subject to a uniform state law adopted in the vast majority of states. But as with valuing other intellectual property assets, right of publicity (ROP) valuations need to consider the unique characteristics of the subject asset and the context of the valuation.

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In-depth analysis of recent key cases.

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Discussion of key med mal cases.

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The Supreme Court of Virginia recently held that insurance coverage for Chinese drywall claims could be denied under a pollution exclusion. As the first state supreme court to rule on the issue, the Virginia Supreme Court's analysis, as set forth in its ground-breaking decision, could potentially be followed by other courts in Chinese drywall coverage litigation and create a significant hurdle to policyholders seeking coverage.