Cameo Clips
October 31, 2012
File-Sharing of Books<br>Right of Publicity/Descendibility Limit
Trademarking Athletes Names and Slogans
October 31, 2012
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.
No Injunction In Video-on-Demand Litigation
October 31, 2012
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.
1992 Agreement Bars Recapture of Superman Copyrights
October 31, 2012
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.
Parameters of Court Jurisdiction In Entertainment Litigations
October 31, 2012
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.
Pinning Your Company's Hopes on Pinterest
October 31, 2012
Heralded as the next big thing in social media, Pinterest presents new legal risks for companies engaged in social media marketing. By sharing images and encouraging others to re-pin them, Pinterest users may inadvertently engage in copyright or trademark infringement, violate licensing agreements, or run afoul of FTC rules for commercial endorsements.
Insurance Coverage for Data Breach Claims
October 30, 2012
In-house counsel may be surprised to learn that coverage for data breaches is not limited to specialty policies, and can often be found under standard CGL or property insurance policies.
The PPACA 's 'Physician Payment Sunshine Provisions'
October 26, 2012
The U.S. Supreme Court's decision upholding the Patient Protection and Affordable Care Act (PPACA) may be one of the most controversial and talked-about legal decisions. But one of the most contested provisions of the Act ' a mandate known as the "Physician Payment Sunshine provisions" may have larger implications for pharmaceutical companies and others.
Seasonal Tenants and Lease Reviews
October 25, 2012
Now is the time for all parties to think about creative ways to maximize revenues and to review their relevant documents to identify their rights and obligations before the cheer of the holiday time is upon us.
Pinning Your Company's Hopes on Pinterest
September 28, 2012
By sharing images and encouraging others to re-pin them, Pinterest users may inadvertently engage in copyright or trademark infringement, violate licensing agreements, or run afoul of FTC rules for commercial endorsements.
