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IP News
Highlights of the latest intellectual property news from around the country.
The Third Circuit Carves Out New Real Estate for Itself: A New Standard for Nominative Fair Use in the Trademark Context
A trademark identifies the source of a particular good or service, and trademark law seeks to protect against a third party's use of a mark that "is likely to cause confusion, or to cause mistake, or to deceive" as to source. 15 U.S.C. '1114(1). That is, certain aspects of trademark law "preven[t] producers from free-riding on their rivals' marks." <i>New Kids on the Block v. News America Publishing, Inc.</i>, 971 F.2d 302, 305, (9th Cir. 1992).
Damage Dilemma: Conflicting Standards for Disgorging Trademark Infringer's Profits
Is willfulness a prerequisite for recovering a defendant's profits under 35 U.S.C. §1117(a) for infringing a registered mark or for violations under Section 43(a) of the Lanham Act? Maybe. It depends on the circuit in which the case is decided, but it shouldn't. The substantive rights and remedies under the Lanham Act should be uniformly interpreted throughout the nation. This is especially so with respect to monetary remedies in view of the Trademark Amendments Act of 1999, which should have, but did not, resolve this issue.
Video Games Update
Recent developments in video game cases and law.
Internet Piracy Update
Recent cases in Internet piracy of to the entertainment law community.
<b>Decision of Note:</b> Court Jurisdiction Over Accountants In Film-Deal Suit
The U.S. District Court for the Eastern District of Pennsylvania ruled it had personal jurisdiction over accountants allegedly in-volved in a scheme to defraud in a film-production investment.
Features
Clause & Effect
Mandatory forum selection clauses are 'prima facie valid and should be enforced unless enforcement is shown by the resisting party to be 'unreasonable' under the circumstances. ... Plaintiff has failed to demonstrate that enforcement of the instant forum selection clause is 'unreasonable.'
Courthouse Steps
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Features
Counsel Concerns
Motion to Withdraw<br>Section 1927 Sanctions
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