Federal Courts Continue to Decide California Anti-SLAPP Motions, Despite Criticism
October 02, 2013
Ninth Circuit federal appeals court Chief Judge Alex Kozinski recently questioned whether federal courts should hear motions to strike under California's "ant-SLAPP" statute. He wrote that the state statute "cuts an ugly gash through" the "integrated program of pre-trial, trial and post-trial procedures" set out in the Federal Rules of Civil Procedure.
ICANN's Trademark Clearinghouse Sees Slow Initial Take-up
October 02, 2013
Later this year, the Internet is set to undergo a series of new and drastic changes with the first rollout of hundreds of new generic Top Level Domains (gTLDs). However, there is still a significant lack of participation from many top businesses that have yet to register and, as a result, are at greater risk of intellectual property infringement and potentially putting consumers at risk as well.
Moral Rights Issues In Copyrights Used By U.S. Companies
October 02, 2013
In today's age of endless content recycling, the provenance of any particular published work can be disguised or ignored as it is churned through multiple media ' including on the Internet in social media. Content farms cycle news endlessly, sometimes with items even being automatically generated by specially designed computer software. And it goes without saying how much Hollywood loves a recycled idea.
Bit Parts
October 02, 2013
Content Rights Rulings on Presumptive Evidentiary Weight and on Burden of Proof.<br>Copyright Act Doesn't Preempt Emotional Distress Claims Over Web Posting of WWE Video
ICANN's Trademark Clearinghouse Sees Slow Initial Take-Up
October 02, 2013
Later this year, the Internet is set to undergo a series of new and drastic changes with the first rollout of hundreds of new generic Top Level Domains (gTLDs). However, there is still a significant lack of participation from many top businesses that have yet to register and, as a result, are at greater risk of intellectual property infringement and potentially putting consumers at risk as well.
Recent Issues in Cybersquatting Disputes
October 02, 2013
There are several pressing issues within the realm of cybersquatting, including: recent heightened scrutiny applied by courts to cybersquatters and the operators who host their domains; the various methods by which companies attempt to combat the problem; and whether cybersquatting will become a substantial problem on newer platforms, such as social networking sites and on the forthcoming new gTLDs.
Big Defeat for Online Streaming
September 30, 2013
Television broadcasters scored a big victory last month in their quest to power down online television streaming services. It's a dispute that likely seems headed to the U.S. Supreme Court, entertainment lawyers say, given divided rulings from courts across the country.
Upcoming Event
September 02, 2013
TexasBarCLE 23rd Annual Entertainment Law Institute
Transformative Use Musings
September 02, 2013
The California Supreme Court has accepted "transformative use" as a First Amendment defense to a right-of-publicity claim for more than a decade. The issue recently came up before the U.S. Court of Appeals for the Ninth Circuit, in the class action suit by former college athletes who claim Electronic Arts (EA) violated their rights of publicity with the NCAA Football video game.
Correction
September 02, 2013
The Cameo Clips column in the August 2013 issue of Entertainment Law & Finance incorrectly reported the name of the deciding court in Faulkner Literary…
