Ever since the definitive appellate rulings in the Napster and Grokster cases, big entertainment companies have pretty much had their way with tech startups in copyright infringement battles ' for instance, the recent resounding win a group of record companies scored in New York federal district court against the file sharing service LimeWire, now perilously close to being shut down. But in June, there was news of a victory (albeit a small one) for the little guy.
Covington & Burling might still be smarting from its loss before the Supreme Court in American Needle Inc. v. National Football League, 08-661, in which the NFL was denied antitrust immunity, but the firm ' longtime outside counsel to the National Football League ' now has another big legal battle on its hands. A complaint filed by the NFL Players Association (NFLPA) is challenging the league's billion-dollar television contracts.
Civil rights and consumer organizations are backing Time Warner Cable's federal court effort to block subpoenas for the names and addresses of thousands of individuals who allegedly downloaded movies illegally. The subpoenas are the result of a litigation campaign by US Copyright Group, a Washington, DC-based venture launched by the intellectual property law boutique, Dunlap, Grubb & Weaver.
Ninth Circuit Upholds Sanctions Against Copyright Lawyer
Attorney Fees Awarded To Prevailing Defendants in Memorabilia Case
Manatt Petitions CA Supreme Court over Ruling Against Firm
In 2004, the U.S. Court of Appeals for the Ninth Circuit decided that state implied-in-fact contract claims weren't preempted by federal copyright law. Grosso v. Miramax Film Corp. The ruling resulted in a predictable increase in idea-submission suits over TV and film productions. But few judicial opinions since have cited Grosso. In June 2010, however, the Ninth Circuit issued two decisions ' with differing results ' that, by also drawing from precedents from decades before, illuminate how a court should consider the elements of an implied-contract case.
Highlights of the latest franchisig newsw from around the country.
Highlights of the latest franchising cases from around the country.
Advertisers and marketers taking advantage of text messaging to promote ' such as motivating consumers to buy products or services, or enter a contest or sweepstakes ' should clear efforts with experienced counsel. Unlike with commercial e-mails, text messages may cost consumers, and commercial texts require a recipient's express, specific, advance notice and consent, and could convert a sweepstakes into an illegal lottery.
Insolvency of a multinational corporation with U.S. and foreign assets brings the prospect of complex bankruptcy. A recent case illustrates some concerns a licensee of e-commerce-related software and other intellectual property could have when a foreign licensor files for bankruptcy outside the United States.
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