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<b>Decision of Note<b> Film Loan Note Is Breached Image

<b>Decision of Note<b> Film Loan Note Is Breached

Stan Soocher

The U.S. District Court for the District of Utah decided that a production company breached the repayment terms of a promissory note for a $3 million loan to support prints and ads for a nationwide theatrical film release.

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<b><i>Persona Rights on Trial</b></i> Inside the Nevada Litigation by Bob Marley's Heirs Against the Unauthorized Use of Marley's Image Image

<b><i>Persona Rights on Trial</b></i> Inside the Nevada Litigation by Bob Marley's Heirs Against the Unauthorized Use of Marley's Image

Barry E. Mallen & Paul Bost

Celebrities have often used claims of unfair competition by false association or false endorsement under '43(a) of the federal Lanham Act as a basis for recourse against the unauthorized use of aspects of their identities and personas. The potency of a celebrity association claim was recently reinforced in the U.S. District Court for the District of Nevada.

Online Shopping in Germany Image

Online Shopping in Germany

Katharina Scheja

In at least one area dealing with e-commerce law designed to protect consumer interests, the United States ' typically a leader in e-commerce ' has caught up with European law with the recently passed Restore Online Shoppes' Confidence Act ("ROSCA").

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Extra-Contractual Damages in New York Image

Extra-Contractual Damages in New York

Robert D. Goodman & Katherine L. Kriegman

In the three years since <i>Bi-Economy</i> and <i>Panasia</i> were decided, courts in a number of subsequent cases have been called upon to apply the reasoning of <i>Bi-Economy</i> and <i>Panasia</i>, reaching, at times, markedly differing outcomes. Although these subsequent decisions have shed some light on the question of how much has changed in the law of extra-contractual damages in New York, a number of important questions remain unsettled.

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The Trials and Tribulations of Locating Expert Witness Talent Image

The Trials and Tribulations of Locating Expert Witness Talent

Melinda Starbird

A case lost, repealed or rejected because of experts is far more common than it should be, and is often caused by attorneys hiring inappropriate or underqualified experts to testify for e-commerce and other types of enterprises, or by hiring no experts.

Building Your e-Commerce Company Wisely From the Start Image

Building Your e-Commerce Company Wisely From the Start

Stanley P. Jaskiewicz

For entrepreneurs, the movie <i>The Social Network</i> teaches one clear lesson (for which the movie ticket, even with popcorn and parking, will be far less expensive than a real-world fight with one's partners): The failure to properly document the ownership of a new company leaves the door open for all involved to spend thousands of dollars in legal fees to sort the mess out later.

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Privacy and Online Data Collection: At a Crossroads? Image

Privacy and Online Data Collection: At a Crossroads?

Stuart D. Levi & Jonathan Hillel

During the past two years, the collection of personal information through a consumer's online activities has expanded to unprecedented levels. This is due, in part, to a proliferation of new devices through which consumers disclose personal information, and also to increasingly sophisticated behavioral analytics. In response, regulators and legislators are beginning to consider more closely whether comprehensive federal data-privacy legislation is appropriate. This article explores these unfolding developments and the challenges they present to regulators, consumers and the online business community.

Features

Copyright Claims to Images Posted on Twitter Image

Copyright Claims to Images Posted on Twitter

Stephen M. Kramarsky

If you are a technology or intellectual property lawyer and the phrase "social network" does not send chills up your spine, you aren't paying attention. The fundamental currency among users of social networking services is shared information; the greater the perceived value of the information, the higher the status of the user. Thus, social networks are an intellectual property minefield.

Features

Closing the Profit Motive in the CAN-SPAM Act Image

Closing the Profit Motive in the CAN-SPAM Act

Richard Raysman & Peter Brown

Recently, a number of small entities and e-mail service providers have sought to use the CAN-SPAM Act to profit from the receipt of spam, but have faced increased scrutiny from federal courts. This article discusses the CAN-SPAM Act generally, some notable spam judgments, and recent decisions interpreting the standing requirements under the federal statute.

<b><i>Commentary:</b></i> Trademarked Keywords Become Legitimate PPC Targets Image

<b><i>Commentary:</b></i> Trademarked Keywords Become Legitimate PPC Targets

Peter Kent

Since 2009, the legal landscape relating to PPC keyword triggers has continued to evolve, with a number of events that will please those of us who believe that the use of a trademarked term to trigger a PPC ad is not inherently a trademark infringement.

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