Even though the foundation of First Amendment rights has prevailed through the centuries, the anonymity and potentially unlimited mass audience of Internet speech poses difficulties for application of traditional doctrines governing speech ' whether political or not, and, it stands to reason, most instances of speech on the Internet are not political in nature.
Despite David's victory in the Bible, the Goliaths of the world usually win. e-Commerce tells the same story, as many of the strongest retailers are equally big in the virtual world.
This year's submissions to the MLF 50 were so uniformly excellent, innovative and enthusiastic that it was almost impossible to choose the winners, let alone the Top Five.
Counsel Concerns
Puzo Estate's Claim of Breach of 1969 Godfather Agreement Not Preempted by Federal Copyright Law
Subsequent Purchaser of Network Rights Not Liable for Royalties to Original Seller
Bryce Harper's application to trademark his famous retort: "That's a clown question, bro" is one of the latest examples of a growing trend: athletes seeking trademarks on nicknames, slogans and catchphrases. This isn't a new thing. But the latest rash of athlete applicants shows that it is happening more and more frequently.
The digital content era has moved patent issues to the forefront for the entertainment industry. In one recent case, even after winning a patent infringement case, a video-on-demand company still may not get an injunction prohibiting ongoing infringement by defendant Verizon Communications.
Many mid-size firms have been growing, aggressively. And, from the creative submissions we received, it is clear why.
In a decision that helps pave the way for Warner Brothers Entertainment and its DC Comics subsidiary to maintain their grip on the Superman franchise, District Judge Otis Wright II of the U.S. District Court for the Central District of California rejected a bid by the estate of Superman co-creator Joe Shuster to reclaim partial control over the iconic superhero.
The question of whether a court has personal jurisdiction over the parties in a particular lawsuit is fundamental and often raised. The national scope of the entertainment industry ' from artist concert touring to the interstate distribution of music, motion picture, TV and other creative content ' certainly makes personal jurisdiction a common issue in entertainment litigations. This article examines several recent court rulings as examples of how judges today are determining whether personal jurisdiction exists in entertainment cases.
