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From the PTO to the FDA: What to Consider When Branding Clinical Trials Image

From the PTO to the FDA: What to Consider When Branding Clinical Trials

Brandon Leahy Susanna Lichter & Eva Yin

The legal implications of branding generally arise initially for companies during the process of selecting a company name and any initial product or service names. For drug development companies, however, careful consideration should also be paid to the implications of branding a clinical trial.

Columns & Departments

IP News Image

IP News

Howard Shire & Shaleen J. Patel

PTAB to Follow Nautilus Standard of Definiteness

Features

Legal Issues and Monetization Strategies In a Quarantine-Streaming Music World, Part 2 Image

Legal Issues and Monetization Strategies In a Quarantine-Streaming Music World, Part 2

Gwendolyn Seale

Part Two of a two-part article While the livestreaming of music performances is not an entirely new phenomenon, the COVID crisis has transformed the live performance landscape, compelling artists from around the world to reach their fanbase by producing "quarantine streams," in which they livestream their sets on social media platforms. Unsurprisingly many questions have arisen.

Features

9th Cir. Finds No Fair Use In Dr. Seuss/Star Trek "Mashup" Image

9th Cir. Finds No Fair Use In Dr. Seuss/Star Trek "Mashup"

Robert J. Bernstein & Robert W. Clarida

In Dr. Seuss Enterprises L.P. v. ComicMix LLC, a unanimous three-judge panel of the Ninth Circuit held in December that ComicMix's illustrated book combining elements of several Dr. Seuss children's books with characters, themes and other features of the popular sci-fi series Star Trek was not a fair use of the Seuss material from which it had admittedly been "slavishly" copied.

Features

Additional Perspective on Dr. Seuss/Star Trek Ruling Image

Additional Perspective on Dr. Seuss/Star Trek Ruling

Scott Graham

The court's decision means that in the Ninth Circuit commercial mash-ups will have to do more than place new characters in old settings to qualify for fair use.

Features

Lawyer Disbarred Over Mishandling of Investors' Funds for Film Project Image

Lawyer Disbarred Over Mishandling of Investors' Funds for Film Project

Charles Toutant

The New Jersey Supreme Court disbarred lawyer Gary Mason after finding he knowingly misappropriated $690,000 that investors paid to support the work of a fledgling filmmaker.

Features

2d Circuit Blocks NY Litigation of 'Girl 6' Copyright Infringement Case Image

2d Circuit Blocks NY Litigation of 'Girl 6' Copyright Infringement Case

Raychel Lean

Fort Lauderdale copyright attorneys Matthew Nelles and Adriana Kostencki of Nelles Kostencki were in a Los Angeles airport in February 2019, when movie director, producer and actor Spike Lee called the day after winning an Oscar for his historical crime drama BlacKkKlansman. But the call wasn't about the win.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Promotional Use of Supermodel's Appearance in Reality TV Show Didn't Violate Lanham Act Taylor Swift Shakes Off Fifth Copyright Infringement Lawsuit by Jesse Graham

Features

Open Space and the Conundrum of High Stakes Zoning Disputes Image

Open Space and the Conundrum of High Stakes Zoning Disputes

Philip E. Karmel, James P. Colgate & Judith M. Gallent

The New York Court of Appeals' recent decision in Peyton v. BSA held, in the context of a zoning lot containing several residential buildings, that the Zoning Resolution of the City of New York does not require an area to be accessible to all residents of the zoning lot for the area to qualify as "open space."

Features

NY Court of Appeals Rules on Damages Clauses In Commercial Leases Image

NY Court of Appeals Rules on Damages Clauses In Commercial Leases

Linton Mann III & William T. Russell Jr.

In The Trustees of Columbia University in the City of New York v. D'Agostino Supermarkets, the NY Court of Appeals split on the issue of whether the relevant damages clause in a commercial lease was unenforceable as a matter of law because it was so grossly disproportionate to the ascertainable amount due upon full performance.

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