The U.S. Supreme Court late last month dashed the hopes of the National Football League for baseball-style immunity from antitrust laws, with justices ruling unanimously against the league in a dispute over NFL-licensed apparel.
There is no question that the economy has been rebounding in fits and starts over the past 12 months or so. The real issue, however, is whether some of the encouraging numbers and statistics supporting the general optimism that better times are just around the corner are also gaining real traction in the business community.
Highlights of the latest intellectual property cases from around the country.
It takes a good while for a producer to develop a motion picture based on a book. A screenwriter must be engaged, decisions must be made about how to adapt the book into a film, the screenplay must be written and revised, and then an entire creative team must be assembled. For this reason, the producer attempts to structure the acquisition agreement with the book author in the form of an option coupled with a self-executing purchase agreement. The option period gives the producer time to complete development activities, and if the option is exercised, the purchase agreement transfers audiovisual rights without further discussion.
Often the response to a demand letter alleging trademark, copyright or patent infringement is the filing of a lawsuit by the alleged infringer for declaratory judgment of non-infringement. This article offers practical advice on language that can be included in a demand letter that may avoid giving rise to DJ jurisdiction. The article also discusses Federal Circuit precedent that creates a different standard in patent infringement actions.
This article discusses some common IP settlement terms that may give rise to antitrust liability.
Intellectual property and advertising issues have emerged in the forefront of social media law. This article provides a brief look at 10 of these issues.
e-Commerce sales appear to be continuing their slow upswing, according to statistics from the U.S. Census Bureau. Figures for the first quarter of 2010, released last month, show estimated e-retail spending up 1.5% over the fourth quarter of 2009.
As anyone, whether an attorney or not, might guess, the Internet has created in e-commerce more opportunity than ever for counterfeit goods to be displayed, bartered and sold. Human nature being what it is, an unprecedented number of individuals who feel that they are beyond the reach of U.S. law have fueled an historically high level of foreign counterfeit-goods transactions, resulting in many millions of dollars of economic damage to America.
Those of us involved in e-commerce pay particular attention when online sellers are involved, such as the report that the same e-seller sold a gun or accessories to two well-publicized killers. This year, however, there is an additional legal twist.
