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ALM Staff & Law Journal Newsletters

Cutting-Edge Case Developments in Film and TV Law, New York City, May 26

Bit Parts

Stan Soocher

Bruce Lee T-Shirt Suit Transferred to New York<br>Infringement Suit Against Tim McGraw Remains Dismissed<br>No Summary Judgment in "I'll Fly Away" Copyright Termination Suit

Cameo Clips

ALM Staff & Law Journal Newsletters

ARBITRATION PROVISION/FORMER BAND MEMBERS<br>FILM DISTRIBUTION/ADVANCE REPAYMENTS

Features

Practice Tip: Failure-to-Warn Causation and The Learned Intermediary

Lori G. Cohen & Daniel I.A. Smulian

In pharmaceutical and medical device litigation, the failure-to-warn claim continues to be among the most common causes of action. This article examines some of the key factors involved in proving causation in a failure-to-warn case, and discusses recent case law in this area.

Marvel Suit Update

Alison Frankel & The American Lawyer

Court Dismisses Suit By Shareholders of Stan Lee Media<br>Suit over Copyrights to Marvel Characters Can Proceed in NY

Features

D.C. Circuit Ruling Starts Next Phase in Debate Over 'Net Neutrality'

David Ingram

Comcast Corp.'s courthouse victory over the FCC in April might not turn out to be a win for the company after all if it speeds the path for wider regulation of broadband services. In a move that some say would spark the "World War III" of communications law, advocates for consumers and content providers want the FCC to reclassify Internet service providers as telephone-style common carriers.

Recent Class Certification Decisions Present New Opportunities and Challenges for Defendants

Heather A. Pigman

From a mass tort product liability defense perspective, the trend away from class certification is welcome news. However, any pronouncement that class actions are dead is premature.

Features

Sony Can't Enforce Agreement With EMI Executive

Noeleen G. Walder

A New York Supreme Court judge has thrown out a suit by Sony Music Entertainment against a competitor record company and one of the competitor's top executives, who allegedly breached a $3 million employment contract with Sony.

Features

NY Court Rules Film Securities Suit Against Paramount Lacks Viable Claim

Stan Soocher

The U.S. District Court for the Southern District of New York dismissed a securities suit brought by several investing financial institutions against Paramount Pictures.

Features

Strategies for Allocating Long-Term Value in Fashion and Apparel License Agreements

Lois F. Herzeca

Fashion and apparel goods are an important source of branding opportunities for artists and celebrities. One of the most vexing economic issues in fashion and apparel licensing deals is the task of allocating the long-term value of a branded product launch.

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  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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