Features
Soul Men Ruling Latest to Demonstrate Courts' Shift To Transformative Use Test In Publicity Rights Cases
Celebrities often turn to the Lanham Act and state right of publicity laws to protect against exploitation of their name, image or voice in connection with the promotion of products or services. The U.S. Court of Appeals for the Sixth Circuit recently considered both Lanham Act and right of publicity claims in an action that pitted a Grammy winning musical artist against a major motion picture studio over the alleged use of the musician's likeness in a movie.
Columns & Departments
Net News
LinkedIn Post Likely Did Not Violate Non-Compete Clause <br>Virtual Currency Is Real Dough
Features
The Five Best Practices for Optimum Web Performance
It's the annual shopping rush ' Black Friday and Cyber Monday are only the beginning of the run up to Christmas. For major online retailers especially, this is make or break time. Is your site ready?
Features
The 'Silly Season'
Almost 30 years ago when I began my career consulting to law firms, the then managing partner of Donovan Leisure Newton & Irving used that term to refer to the months of October through December. It was his way of pointing out to his fellow partners that the necessary activities of practice management that so many of them had avoided for the first nine or 10 months of the year now had to be addressed.
Features
Partner Compensation
How do you determine partner compensation at your law firm? You certainly look at each partner's originations, working attorney receipts and billable hours. But what about his or her excellent client service, strong leadership, successful staff development efforts and keen technical skills?
Columns & Departments
Court Watch
Franchisor's Operation of Online Store does not Violate Exclusivity <br>Federal Court Declines To Enjoin Franchisee from Violating Non-Compete
Patent Quality, Post-Grant Review, And the GAO Report on Patent Litigation
One of the many elements of the sweeping America Invents Act of 2012 (AIA) was a directive to the Government Accountability Office (GAO) requesting a report on factors affecting patent litigation. The GAO released its report in August. Perhaps surprisingly, the GAO found that NPEs were not the main contributor to alleged problems with patent litigation in the United States. Instead, the GAO concluded that poor patent quality was to blame for most nuisance infringement suits.
Features
Court Approves Settlement of Suit Over NFL Players Publicity Rights
A federal judge in Minnesota signed off on a hotly contested $50 million settlement between the National Football League and former players who said the league infringed their publicity rights. The ruling was a blow to a group of plaintiffs' lawyers who lodged objections to the deal, calling it inadequate.
Columns & Departments
IP News
New Patent Litigation Reform Bills Introduced <br>U.S. Supreme Court Hears Oral Argument on Burden Of Proof for Licensee-DJ Plaintiff<br>A Split Federal Circuit Denies En Banc Rehearing In Case Involving Finality Of a Judicial Decision<br>Federal Circuit Explains Exhaustion of Method Patents
CKX Sale Price, Not Cash Flow, Is Proper Valuation
Television ratings go up and down, even for the most successful programs. This complicates how to value a production company's worth if that company is sold.
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