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Copyright Infringement/Motion to Intervene; Copyright Infringement/Striking Similarity; Right of Publicity/Attorney Fees.
Features
A new department centering on key cases.
The U.S. District Court for the Eastern District of Michigan decided that unresolved issues of fact as to whether a distributor or a record label abandoned a record-distribution agreement precluded summary judgment for either party on breach claims by the distributor.
Features
The U.S. District Court for the District of Nevada granted summary judgment in part for Nevada-based entertainment attorney John Mason on his claim of breach of legal-services agreements by a film-production company.
Features
Summit Entertainment's $1 billion movie financing deal ' which created a new production and distribution studio ' all started with a group of bankers and lawyers sitting around and talking about how to get more money from movie-financing deals. In recent years, investors have invested in films that are distributed by studios, which take a distribution fee of about 10% to 15%. With the Summit deal, the investors for the first time cut the middleman in this process.
Digital Downloading/No Public Performance; Management Agreements/Tortious Interference.
Features
The U.S. Court of Appeals for the Eleventh Circuit decided that a Florida federal district court, rather than a Mexican court, should hear a suit by one Spanish-language broadcaster against another for tortious interference with a soap-opera actor's contract.
On April 30, 2007, Justice Anthony Kennedy delivered a unanimous decision of the U.S. Supreme Court in <i>KSR International Co. v. Teleflex Inc.</i>, reversing the U.S. Court of Appeals for the Federal Circuit ('Federal Circuit') and, in effect, re-invigorating obviousness under 35 U.S.C. §103 as an available defense to a patent.
Few issues in trademark and advertising law can compete in importance with this: whether a competitor can use another's trademark in advertising its products or services. With the battle for consumer attention growing increasingly aggressive as the number of products and services proliferate, and the means for advertising and promoting them expanding at an even more alarming rate, the importance of brands and their recognition by consumers ' and the surrounding legal issues ' have never been more significant.
