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Naming Non-Party Witness as Defendant Leads to Disqualification of Copyright Plaintiff's Counsel
Columns & Departments
Online Infringement/Class Action Issues<br>Trademark Infringement/Fictional Products<br>True-Life Depictions/In TV Programs
This is the second in an ongoing series of articles that provide franchise attorneys with practical advice about conducting arbitrations.
The U.S. District Court for the Southern District of New York denied the Effie film production company's bid for attorney fees and costs in its declaratory action against author Eve Pomerance over the parties' scripts about relationships among three famous art-world figures.
Historical facts are the essence of fictionalized 'true stories' as well as non-fiction historical accounts. But authors who dip into the bowl of history to prepare their own creative works must accept that facts are not protectible under copyright. This exclusion applies equally to the facts in a fictionalized or fictional narrative as well as to non-fiction history.
In a case of first impression, a split panel of the U.S. Court of Appeals for the Third Circuit restored a cause of action by a former college football player who says his likeness was appropriated without his consent for use in a video game.
Features
For entertainment, sports and media (ESM) industries bidders ' and their counsel ' contemplating a merger-and-acquisition deal, last year's Delaware Supreme Court decision in <i>RAA Management LLC v. Savage Sport Holdings Inc.</i> highlighted the importance of assessing risk early in the due diligence process.
Features
On May 15, the Federal Trade Commission (FTC) sent letters to more than 90 businesses, informing them that they could potentially be in violation of the Children's Online Privacy Protection Act (COPPA) when changes to the law go into effect on July 1.
On March 18, the Financial Crimes Enforcement Network of the Treasury Department (FinCEN) issued guidance on the application of its regulations: 'Application of FinCEN's Regulations to Persons Administering, Exchanging, or Using Virtual Currencies.' Much of its attention is focused on the bitcoin, a virtual currency introduced in 2009, although this currency is not mentioned by name.
Features
While Internet applications of ADR are neither technologically nor legally restricted to disputes arising out of Internet transactions, it seems to be particularly suitable for the resolution of e-commerce disputes when parties are frequently located far from one another.