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Features
False Endorsement Claims<br>First-Amendment Defense<br>Sublicensing Limits
Right of Publicity/Statute of Limitations<br>Right of Publicity, Collective Bargaining Agreements/Venue Transfer
Features
Our 2006 bonus issue provides a review of top issues in entertainment law over the last year, and focuses on right-of-publicity, trademark and related cases. The coverage here is in addition to what we have reported on in our regular monthly issues. As always, our objective is to help keep you competitive in the ever-fast-paced entertainment industry. …
Features
As the copyright terms of many iconic, character-based works of the 20th Century near closure, owners of these works face the question as to what extent they can enjoy exclusive rights in the characters they have created. Enterprising third parties raise the related question: Does the expiration of copyright mean these works and characters can be freely exploited? Once a copyright term lapses, an original work is said to pass into the public domain, available for all to freely copy and exploit. However, continued trademark protection for a character may delay or complicate the character's passage into the public domain. A careful analysis of fundamental principles of trademark and copyright law and relevant case law illuminate certain legal guideposts for navigating through the complexities of character protection.
Features
The recent high-profile litigation over rights to 'Supernova' was the latest example of the common hot-button issue of who may ex-ploit a band's name. The 'Super-nova' dispute was settled with the original pop-punk group of that name agreeing that the marquee band from the CBS-TV talent-series will be able to perform as 'Rock Star Supernova.' In 2004, South Carolina became the first state to enact a 'Truth in Musical Advertising' statute to regulate the use of music-group names, at least in live performances. Since then, at the urging of the Vocal Group Hall of Fame, several other states ' including Connecticut, Illinois, Pennsylvania and North Dakota ' have enacted similar laws. The goal of these statutes generally is to prevent the 'false, deceptive or misleading affiliation, connection or association' between a recording group and a performing group. But issues of contractual or service-mark rights may need to be resolved before a 'Truth in Musical Advertising Statue' may be enforced.
Features
The right of publicity ' the right of individuals to protect the commercial uses of their names and images ' is now a familiar concept. Given CKX Inc.'s purchase for a reported $50 million of rights to Muhammad Ali's name and the company's $100 million acquisition of Elvis Presley's publicity rights, there can be no question that the right not only can have great value, but has achieved a certain settled status. And yet, the metes and bounds of the right remain elusive at best.
As Cantey Hanger's Executive Director, it is my responsibility to enable the firm to compete on all levels. In the ever-changing world of technology, it is particularly important the firm remain competitive to ensure our clients are receiving the highest level of service. With this in mind, last year we implemented a replacement strategy of our copier fleet, including cost recovery products.
Features
Foley & Lardner LLP is a full service national law firm that provides legal services to clients from growing companies to large multinational concerns. Much of this work involves the time-critical exchange of large documents and data with attorneys and clients both inside and outside the firm. Given the sensitive nature of these files, the challenge is how to give attorneys the ability to exchange the information in a secure way. Strategically, security is the easier part of the problem; the bigger issue is how to facilitate the exchange so that users are in control of the process instead of having to call for IT support every time the need arises.
There are some basic styles and techniques built into Microsoft Word that will speed up document creation and formatting. <br>A style is a name applied to a set of formatting instructions that allow users to abbreviate formatting steps. While the importance of Word style formatting is known to many firms, their actual use and application still eludes most documents. 'If styles are so important to my documents, why are they so hard to use?'
Litigants and their law firms continue to be frustrated with the escalating costs of discovery during litigation, investigations and regulatory response. Fueling these costs is risk, and the fears associated with discovery risk range from common concerns such as budget and schedule, to more severe outcomes including sanctions, adverse inference or even stress-induced hair loss. <br>One simple way litigants can lessen risk and gain control of these costs is through effective project planning and communication. In fact, without good communication, you are paving the way for risk.