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Impact of Bankruptcy on Third-Party Trademark License Assignments Image

Impact of Bankruptcy on Third-Party Trademark License Assignments

James Millar & Benjamin Loveland

Intellectual property ' and thus entertainment industry ' licensors are perpetually concerned about whether their licensees could use the bankruptcy process to assign their license rights to third parties, especially to third parties to whom the licensor would not want to grant a license, at least not on the existing license terms. This concern can be particularly acute for trademark licensors, who want to protect their trademarks against undesired uses and keep the trademark license rights "personal" to their licensees.

Features

Internet Service Providers' Access to e-Mail Content Is Not an Invasion of Privacy Image

Internet Service Providers' Access to e-Mail Content Is Not an Invasion of Privacy

Jonathan Bick

e-Mail and privacy are cornerstones of online commerce that successful e-commerce firms spend significant capital to operate properly, efficiently and legally. e-Commerce counsel should bear in mind, however, that the e-mail-content protection that some parties may enjoy against government and private access does not extend to certain entities that process e-mail.

'You're Fired!' Image

'You're Fired!'

Stanley Jaskiewicz

A future observer of the reality shows that seem to be the only thing on television today might think that people of the 21st century lived to fire people. But people forced to do the same task in business find no such joy in having to dismiss a business leader, especially when the person being dismissed is the founder of the company ' the visionary who built it from scratch.

Features

Right-of-Publicity Claims and Advertiser Sponsored User-Generated Content Campaigns Image

Right-of-Publicity Claims and Advertiser Sponsored User-Generated Content Campaigns

Alan L. Friel & Jesse M. Brody

This article concentrates on the scope of Communications Decency Act(CDA) immunity advertisers that operate user-generated content (UGC) campaigns may enjoy, limitations of the CDA in protecting against these claims and ways to structure UGC campaigns to minimize the risk of liability arising from unauthorized use of individuals' name, likeness and other personal attributes possibly included in UGC submitted as part of a sponsored UGC campaign.

January issue in PDF format Image

January issue in PDF format

ALM Staff & Law Journal Newsletters

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Case Briefs Image

Case Briefs

ALM Staff & Law Journal Newsletters

Highlights of the latest insurance cases from around the country.

Authentication of Social Media Evidence Image

Authentication of Social Media Evidence

Richard Raysman & Peter Brown

More and more, parties are attempting to introduce social networking communications into evidence. Beyond other admissibility obstacles, such as hearsay or relevance, a piece of evidence must satisfy Fed. R. Evid. 901 (or the state equivalent), which applies in both civil and criminal proceedings, and mandates that the material offered is "authentic," or what the proponent claims it to be.

The Allocated Share Set-Off Rule: New York Enters the Debate Image

The Allocated Share Set-Off Rule: New York Enters the Debate

Harry Lee

Until recently, New York courts — the venue for much of the seminal insurance law developed in the United States — had not directly weighed in on the allocated share set-off rule. Recently, however, a New York trial judge issued a partial summary judgment decision that expressly adopted the rule in the context of long-tail asbestos claims.

January issue in PDF format Image

January issue in PDF format

ALM Staff & Law Journal Newsletters

…

Features

IP News Image

IP News

ALM Staff & Law Journal Newsletters

Highlights of the latest intellectual property news from around the country.

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