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Anonymous vs. Fraudulent Internet Speech

Jonathan Bick

Even though the foundation of First Amendment rights has prevailed through the centuries, the anonymity and potentially unlimited mass audience of Internet speech poses difficulties for application of traditional doctrines governing speech ' whether political or not, and, it stands to reason, most instances of speech on the Internet are not political in nature.

Surviving Goliath

Stanley P. Jaskiewicz

Despite David's victory in the Bible, the Goliaths of the world usually win. e-Commerce tells the same story, as many of the strongest retailers are equally big in the virtual world.

The Eighth Annual MLF 50: The Top 50 Law Firms in Marketing and Business Development

Kimberly Alford Rice, Wendy Stavinoha & Steven Salkin

This year's submissions to the MLF 50 were so uniformly excellent, innovative and enthusiastic that it was almost impossible to choose the winners, let alone the Top Five.

Features

Bit Parts

Stan Soocher

Counsel Concerns<br>Puzo Estate's Claim of Breach of 1969 Godfather Agreement Not Preempted by Federal Copyright Law<br>Subsequent Purchaser of Network Rights Not Liable for Royalties to Original Seller

Cameo Clips

Stan Soocher

File-Sharing of Books<br>Right of Publicity/Descendibility Limit

Trademarking Athletes Names and Slogans

Peter Perkowski

Bryce Harper's application to trademark his famous retort: "That's a clown question, bro" is one of the latest examples of a growing trend: athletes seeking trademarks on nicknames, slogans and catchphrases. This isn't a new thing. But the latest rash of athlete applicants shows that it is happening more and more frequently.

Features

No Injunction In Video-on-Demand Litigation

Eric Osterberg

The digital content era has moved patent issues to the forefront for the entertainment industry. In one recent case, even after winning a patent infringement case, a video-on-demand company still may not get an injunction prohibiting ongoing infringement by defendant Verizon Communications.

Features

The Magnificent 25

Kimberly Alford Rice

Many mid-size firms have been growing, aggressively. And, from the creative submissions we received, it is clear why.

Features

1992 Agreement Bars Recapture of Superman Copyrights

Julie Triedman

In a decision that helps pave the way for Warner Brothers Entertainment and its DC Comics subsidiary to maintain their grip on the Superman franchise, District Judge Otis Wright II of the U.S. District Court for the Central District of California rejected a bid by the estate of Superman co-creator Joe Shuster to reclaim partial control over the iconic superhero.

Features

Parameters of Court Jurisdiction In Entertainment Litigations

Stan Soocher

The question of whether a court has personal jurisdiction over the parties in a particular lawsuit is fundamental and often raised. The national scope of the entertainment industry ' from artist concert touring to the interstate distribution of music, motion picture, TV and other creative content ' certainly makes personal jurisdiction a common issue in entertainment litigations. This article examines several recent court rulings as examples of how judges today are determining whether personal jurisdiction exists in entertainment cases.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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