LJN Newsletters

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." New Kids on the Block v. News America Publishing, Inc., 971 F.2d 302, 305, (9th Cir. 1992).

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.

Recent cases in entertainment law.

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.

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.