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Right of Publicity Roundup
CHOICE OF DOMICILE<br>SINGLE PUBLICATION RULE<br>TRANSFORMATIVE USE DEFENSE
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Case Briefs
Highlights of the latest insurance cases from around the country.
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Tactics for Seizing Rogue Web Sites
In cyberspace, the activities of ostensible rogue Web sites ' many attacking U.S. commercial interests or preying on our citizens in a variety of endeavors ' include copyright infringement, illegal gambling and pornography, to name a few. Web site domain seizures may be the 21st-century digital equivalent of 20th-Century gang busting police raids on the haunts of criminal organizations. In place of the remnants of destroyed contraband, a subsequent visitor to these targeted Web sites may instead confront a message left by court order, declaring that the site has been "taken down" for certain illegal activities.
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Consideration of Potential Conflicts in <i>U.S. v. Clemens</i>
Snow is melting, seed catalogs are arriving, and eyes have turned to Spring Training. Some baseball fans are also turning their attention to the U.S. District Court for the District of Columbia to follow the recent developments in <i>U.S. v. Clemens.</i> The indictment charges player Clemens with six counts: three counts of making false statements to Congress, two counts of perjury and one count of obstruction of Congress.
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Seeking Disability After Losing a Medical License
An ex-physician in New York recently won the right to pursue a claim against his insurer despite the fact that he did not make a claim for disability benefits until after his license to practice medicine had been revoked because of his repeated medical mistakes.
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<b>Practice Notes: </b>Reality TV Shows Give Lawyers New Client Base
The rise of reality TV may have hurt the market for writers and actors, but it has provided an additional income stream for a select group of entertainment attorneys. One reason: union rules governing wages, breaks and time worked don't apply to reality shows. As a result, media companies can hire people who are happy, at least initially, to be on TV for little pay.
<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.
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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
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.
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