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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.
Recent developments in video game cases and law.
Recent cases in Internet piracy of to the entertainment law community.
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
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.'
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
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Motion to Withdraw<br>Section 1927 Sanctions
Artists have sometimes used bankruptcy filings to end personal service agreements, such as recording contracts, and even as a tool in renegotiating deals. A key issue has been whether an artist's bankruptcy terminated such an agreement. The U.S. Bankruptcy Court for the Southern District of New York, Poughkeepsie Division, has now decided that an artist in bankruptcy may reject an agreement he or she entered into for a third party to collect the artist's royalties.
