Online Infringement/Class Action Issues
Trademark Infringement/Fictional Products
True-Life Depictions/In TV Programs
May 31, 2013Stan Soocher
This is the second in an ongoing series of articles that provide franchise attorneys with practical advice about conducting arbitrations.
May 31, 2013Charles F. ForerThe 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.
May 31, 2013Stan SoocherHistorical 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.
May 31, 2013Michael I. Rudell, Neil J. RosiniIn 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.
May 31, 2013Saranac Hale SpencerFor entertainment, sports and media (ESM) industries bidders ' and their counsel ' contemplating a merger-and-acquisition deal, last year's Delaware Supreme Court decision in RAA Management LLC v. Savage Sport Holdings Inc. highlighted the importance of assessing risk early in the due diligence process.
May 31, 2013Sean A. Monroe, Jeannine Tang, Silvia VanniniOn 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.
May 31, 2013Jenna Greene and Catharine DunnOn 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.
May 31, 2013James ChingWhile 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.
May 31, 2013Jonathan BickSmart companies understand that the power of user generated content (UGC) is that it is at least somewhat out of control. They craft their brand strategies accordingly, using social media to address customer concerns directly and publicly, rewarding social media influencers and picking their battles. But still, the courts remain full of litigants who do not seem to get the message. In particular, some businesses continue to attempt to use intellectual property law to stop customers from sharing their experiences on the Internet.
May 31, 2013Stephen M. Kramarsky