<b>Decision of Note<b> Film Loan Note Is Breached
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.
Features
<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
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
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").
Features
Extra-Contractual Damages in New York
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.
Features
The Trials and Tribulations of Locating Expert Witness Talent
A case lost, repealed or rejected because of experts is far more common than it should be, and is often caused by attorneys hiring inappropriate or underqualified experts to testify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
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.
Features
Privacy and Online Data Collection: At a Crossroads?
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
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
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
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.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›
- Lack of Logo Placement At Center of Ruling Over Meat Loaf Album PackagingTo build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.Read More ›
- Law Firms and the Rise of HospitalityThe law firm office cannot remain unchanged, as if frozen in time set to some date prior to the onset of pandemic, when the terms and meaning have all changed. In fact, the office must now provide benefits or an experience the lawyers and staff cannot get at home.Read More ›
- The DOJ's New Parameters for Evaluating Corporate Compliance ProgramsThe parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.Read More ›