<b>Decision of Note</b> Film Owner Can't Claim Copyright Protection for Actor's Multiple Roles
April 28, 2011
To determine whether a defendant's work is substantially similar to a plaintiff's work in a copyright infringement case, courts generally first discard any unprotectable elements from the plaintiff's work. The U.S. District Court for the Southern District of New York recently ruled that the use of one actor to play multiple roles in the plaintiff's 1949 comedy film <i>Kind Hearts and Coronets</i> wasn't a protectable element for proving infringement by the authors of a stage musical adapted from the film.
Strategies for Using the IFTA Arbitration Process
April 28, 2011
More film productions have become international affairs, with shooting in faraway exotic locations, post-production in still other foreign countries, production funding from international sources, and sales in both foreign and domestic markets. The question then is how best to resolve disputes arising among the vast cast of characters in an efficient and cost-effective manner.
The Next Trial Advantage
April 28, 2011
Every lawyer in America has heard of the iPad, and there are some surveys that show a significant number of us also own one. There is no question that the iPad's portability is a big advantage, or that the technology behind it is rock solid. The question, up until recently, has been whether or not the iPad is capable of some of the heavy lifting the business of litigation requires. While apps specifically designed for professionals are still somewhat rare, I've found a few that answer the question with a resounding "yes."
<b><i>Case Study:</i></b> Implementing a New Platform to Increase Productivity During a Down Economy
April 28, 2011
The number of matters handled by PBP-ATL has consistently grown over the years. The recent economic slowdown has placed added demands on many of Atlanta's non-profit organizations, and the incoming requests for PBP-ATL's legal services have increased. The troubled economy also caused a reduction in our volunteer numbers, but given the network of dedicated attorneys still capable of volunteering their legal expertise, the rise in requests should have been manageable, at least in theory. The reality however, was quite the contrary.
Plan a Successful Microsoft Office Rollout
April 28, 2011
Anyone getting ready for a marathon is ill-advised to just turn up on race day and hope for the best. The same is true for a software rollout. Whether it's making sure you don't start having leg cramps come mile 20 of the marathon, or realize you are completely burning out existing help desk resources with new (just implemented) software questions, there's a common denominator: You have to plan, get fit and train for the go-live day, and most importantly execute on your game plan and training.
Winning the Battle Between Social Media and Electronic Discovery
April 28, 2011
As a starting point, it's important to recognize that social media is a delivery mechanism, but the content drives the entire downstream discovery and compliance-oriented tasks. On balance though, while the e-discovery and regulatory issues are fundamentally the same, the social media genre does genuinely pose a range of tactical and strategic discovery challenges.
IP News
April 28, 2011
Highlights of the latest intellectual property news from around the country.
Franchising: A Venus Flytrap for Trademark Licensors
April 28, 2011
Your client gives you a call to let you know that his company just licensed its primary mark to a third party who will sell your client's products on the West Coast, including California and Arizona. Should you be happy for your client, or should a chill go up your spine?
Search Engine Advertising Trademark Claims
April 28, 2011
In <i>Network Automation, Inc. v. Advanced Systems Concepts, Inc.</i>, the Ninth Circuit: 1) expressly held that the use of a trademark as a search engine keyword for the purpose of triggering advertisements is a "use in commerce" of that trademark under the Lanham Act; but 2) vacated a preliminary injunction, finding that the district court's analysis of consumer confusion in the Internet context was too narrow.
