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Bankruptcy and Intellectual Property Executory Contracts
The economic impact of the pandemic has been catastrophic. For many companies, intellectual property are significant assets, and counsel for these businesses, as well as counsel for their creditors, licensees and licensors, will need to understand these issues that arise to avoid pitfalls and take full advantage of opportunities to exploit the full value of a company's IP for the benefit of their clients.
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Upcoming Event
28th Cutting Edge Entertainment Law Seminar. Oct. 15-17, 2020.
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In Decision of First Impression, Court Decides 'Gap Grants' Can Be Terminated Under §203 of U.S. Copyright Act
In the 1976 Copyright Act, Congress inserted a termination right for authors or their successors for pre-January 1, 1978, assignments of copyrighted works. However, the legislators didn't directly address a key issue: how to determine termination rights for what are known as "gap grant" works — that is, those created post-1977 under copyright assignments made before then.
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COVID-19 and Force Majeure Clauses
The COVID-19 outbreak has wreaked havoc on the entertainment industry. Productions have been halted and distribution channels disrupted. In the midst of this pandemic, one big question for contracting parties is whether force majeure will excuse or postpone a party's obligations without liability.
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COVID-19 Related Governmental Shut Down Order Triggers Force Majeure Provision In Restaurant Leases
While commercial leases and the force majeure clauses contained in such leases vary widely, a recent decision from the United States Bankruptcy Court for the Northern District of Illinois may provide guidance to parties and help them to resolve similar disputes without resorting to the courts.
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FL Federal Court Rules 'Despacito' Doesn't Infringe on 'Despasito'
Federal Judge Kathleen Williams recently analyzed the hit song "Despacito" in a copyright lawsuit in the U.S. District Court for the Southern District of Florida, when she found its writers had not copied an earlier Spanish song with the same name.
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What Happens to Surplus Funds in Tax Lien Foreclosures?
When a sale follows a municipality's foreclosure on a tax lien, who is entitled to sale proceeds that exceed the amount of the tax lien?
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Summer 2020 Data Privacy Updates
America and the EU Continue Altering Data Privacy Frameworks for Businesses A close look at a couple of privacy-related issuances from California, along with the European Court of Justice ruling invalidating the EU-U.S. privacy shield.
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What's Your Trademark Worth? Determining the Value of Trademarks For Collateral, Sale or Licensing
This article explores the options available to a client to value its trademarks during a financial crisis, to ensure one of the most valuable assets it owns can continue to work for the company and see it through the lean times.
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Damages In Trademark Infringement Litigations
During a time when online marketing, virtual shopping and electronic communication are more widely used than ever, it is critically important for entertainment industry businesses to be highly aware of how they are using trademarks, the scope of a trademark owner's rights and the consequences of infringing them.
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