The proposed merger between Ticketmaster Entertainment Inc. and Live Nation Inc. won Justice Department approval in January 2010, following a year of negotiations. Steven Sletten of Gibson, Dunn & Crutcher counseled Ticketmaster. In an interview, Sletten stated that he prepared his client to face a tough audience, both at the Justice Department and in the court of public opinion.
MUSIC COPYRIGHTS/INFRINGING 'WORKS'
TRADEMARK INFRINGEMENT/RECORD LABEL NAMES
TV COMPENSATION CLAIMS/FEDERAL PREEMPTION
VIDEOGAME DEVELOPMENT/INJUNCTIVE RELIEF
The U.S. District Court for the Southern District of New York decided that a forum selection clause in a television broadcast agreement applied to a company within which the original signatory broadcaster later was merged.
In Starbucks Corp. v. Wolfe's Borough Coffee, Inc., the Second Circuit rejected the district court's determination — based on pre-TDRA case law — that trademark owners must show "substantial similarity" between the trademarks at issue in order to prevail on a dilution by blurring claim under the TDRA. Citing the language of the TDRA, the appellate court found that the new statute required only "similarity," and that even "minimal similarity" could, in the proper case, suffice to support a claim.
Broadly defined, the right of publicity is a person's right to control the commercial use of his or her identity. It has been over half a century since the term "right of publicity" was first coined by Judge Jerome Frank in 1953. Since that time, courts have been struggling to define the scope of the right of publicity protection, and to resolve the inherent conflicts between the right of publicity and the freedom of expression embodied in the First Amendment.
Outside counsel can now see what their in-house clients think of their job performance, according to the Association of Corporate Counsel's new law firm rating system.
Though given different names, cloud computing has been around for some time, and the legal lessons learned from experience with traditional software licensing and outsourcing agreements can and should be applied to cloud agreements, but there are new issues which will need new solutions.
The diversity of AFA approaches and objectives can divide consumers and providers of legal services, and magnify the law firm-client communication challenges presented by movement away from an entrenched business model.
Two recent decisions provide useful guidance concerning both the timing and substance of disclosures in the context of M&A activity.
Recently, two incidents involving one of the world's most famous couples, President Barack Obama and First Lady Michelle Obama, once again brought the focus onto right of publicity issues, as well as potential First Amendment defenses to right of publicity claims.
