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Features

Did Congress Create Unintended Risks to Innovators In the AIA?  Image

Did Congress Create Unintended Risks to Innovators In the AIA? 

Glenn E.J. Murphy

Many observers greeted the passage of the AIA into law as a long-overdue overhaul of U.S. patent law that aligned it with patent systems prevailing in the rest of the world. Who knew what mischief just seven of the AIA's more than 25,000 words contained? The U.S. Supreme Court answered earlier this year.

Features

SCOTUS to Address Whether Lanham Act Requires Willful Infringement for Profit Disgorgement Image

SCOTUS to Address Whether Lanham Act Requires Willful Infringement for Profit Disgorgement

Norman C. Simon & Patrick J. Campbell

The decision in Romag Fasteners v. Fossil will bring welcome uniformity, ending the status quo where eligibility to recover profits under the Lanham Act depends on which court is deciding the dispute

Features

The Interaction of International Law and U.S. Copyright–Assignment Terminations Image

The Interaction of International Law and U.S. Copyright–Assignment Terminations

Stan Soocher

That U.S. copyright-assignment termination issues are among the most complex in the copyright field becomes even more apparent when attempts to reclaim copyrights involve aspects of international law. Few courts have ruled, however, on the impact of international law on U.S. copyright-assignment terminations. The most recent to do so is the U.S. Court of Appeals for the Second Circuit in Ennio Morricone Music Inc. v. Bixio Music Group Ltd.

Features

When Boilerplate, Customized Clauses Collide in Media Merger Deals Image

When Boilerplate, Customized Clauses Collide in Media Merger Deals

James H.S. Levine & Douglas D. Herrmann

Some contract provisions will necessarily be customized for use in the particular agreement, while others will be boilerplate. But the intersection of those provisions in a merger agreement involving the acquisition of Cablevision Systems Corp led to a serious dispute— and cautionary tale for the merger-laden entertainment and media industries — about interpretation of the agreement, requiring a Delaware court to determine the impact of potentially conflicting language.

Features

Limit in Supreme Court Striking Down Ban On 'Scandalous' Trademarks Image

Limit in Supreme Court Striking Down Ban On 'Scandalous' Trademarks

Brian R. Michalek

In the U.S. Supreme Court's ruling in Iancu v. Brunetti, Justice Sonia Sotomayor's dissent cautioned that the decision is likely to pave a path to a "coming rush to register [vulgar, profane, or obscene] trademarks." The reasoning stems from the court's majority finding that a portion of 15 U.S.C. §1052 — which had previously prohibited the registering of "immoral" or "scandalous" trademarks — is unconstitutional. Practically speaking, however, this "coming rush" will likely not be the case, even via the entertainment industry.

Features

11th Circuit Sides With Attorney Sued Over Prince Concert Snafu Image

11th Circuit Sides With Attorney Sued Over Prince Concert Snafu

Greg Land

The U.S. Court of Appeals for the Eleventh Circuit upheld the dismissal of a lawsuit claiming a Florida lawyer failed to follow through on a $75,000 deal to land the late mega-musician Prince for a 2012 gig.

Columns & Departments

Players on the Move Image

Players on the Move

ssalkin

A look at moves among attorneys, law firms, companies and other players in entertainment law.

Features

CA Appeal Ct. On Defamation Claims Against Bill Cosby Image

CA Appeal Ct. On Defamation Claims Against Bill Cosby

Suzette Parmley

The California Court of Appeal, Second Appellate District, ruled in favor of actress and former supermodel Janice Dickinson in her 2015 suit against comedian Bill Cosby over comments his then-attorney Marty Singer made to the press.

Columns & Departments

Bit Parts Image

Bit Parts

Stan Soocher

Former Accountant for W.C. Handy Estate Can Proceed with Defamation Claims Against Estate's Trustee and Lawyer

Features

Cybersecurity In the Legal Space: Is Your Organization Prepared? Image

Cybersecurity In the Legal Space: Is Your Organization Prepared?

Sundhar Rajan

Organizations that continue to be complacent about data security ignore the considerable risks posed by a breach: extended downtime, loss of billable hours, destruction or loss of sensitive data and work product, and the potentially catastrophic costs associated with repairing the damage — both to their technology infrastructure and to their reputation and brand.

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