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When Congress passed the Class Action Fairness Act ('CAFA') in 2005, committee reports showed that several legislators believed the Act would shift from defendant to plaintiff the burden of proof with respect to the existence of federal removal jurisdiction. CAFA's legislative history contains statements from several members of Congress indicating that a plaintiff opposing removal under the Act would have the burden of establishing the absence of federal jurisdiction. For a short period following CAFA's passage, certain federal district courts found this legislative history controlling and held that CAFA shifted the burden of proof.
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Recent rulings of importance to you and your practice.
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Fourth-quarter roundup of all the latest compliance rulings.
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Recent rulings of interest to you and your practice.
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False Endorsement Claims<br>First-Amendment Defense<br>Sublicensing Limits
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As the copyright terms of many iconic, character-based works of the 20th Century near closure, owners of these works face the question as to what extent they can enjoy exclusive rights in the characters they have created. Enterprising third parties raise the related question: Does the expiration of copyright mean these works and characters can be freely exploited? Once a copyright term lapses, an original work is said to pass into the public domain, available for all to freely copy and exploit. However, continued trademark protection for a character may delay or complicate the character's passage into the public domain. A careful analysis of fundamental principles of trademark and copyright law and relevant case law illuminate certain legal guideposts for navigating through the complexities of character protection.
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The recent high-profile litigation over rights to 'Supernova' was the latest example of the common hot-button issue of who may ex-ploit a band's name. The 'Super-nova' dispute was settled with the original pop-punk group of that name agreeing that the marquee band from the CBS-TV talent-series will be able to perform as 'Rock Star Supernova.' In 2004, South Carolina became the first state to enact a 'Truth in Musical Advertising' statute to regulate the use of music-group names, at least in live performances. Since then, at the urging of the Vocal Group Hall of Fame, several other states ' including Connecticut, Illinois, Pennsylvania and North Dakota ' have enacted similar laws. The goal of these statutes generally is to prevent the 'false, deceptive or misleading affiliation, connection or association' between a recording group and a performing group. But issues of contractual or service-mark rights may need to be resolved before a 'Truth in Musical Advertising Statue' may be enforced.
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The right of publicity ' the right of individuals to protect the commercial uses of their names and images ' is now a familiar concept. Given CKX Inc.'s purchase for a reported $50 million of rights to Muhammad Ali's name and the company's $100 million acquisition of Elvis Presley's publicity rights, there can be no question that the right not only can have great value, but has achieved a certain settled status. And yet, the metes and bounds of the right remain elusive at best.
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Foley & Lardner LLP is a full service national law firm that provides legal services to clients from growing companies to large multinational concerns. Much of this work involves the time-critical exchange of large documents and data with attorneys and clients both inside and outside the firm. Given the sensitive nature of these files, the challenge is how to give attorneys the ability to exchange the information in a secure way. Strategically, security is the easier part of the problem; the bigger issue is how to facilitate the exchange so that users are in control of the process instead of having to call for IT support every time the need arises.