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BOOK PUBLISHING/PERSONAL JURISDICTION COPYRIGHT INFRINGEMENT/SUBSTANTIAL SIMILARITY TEST RIGHT OF PUBLICITY/UNLICENSED USES

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Malpractice Suit Continues over Manilow Musical Malpractice Suit/Lack of Specificity

Practice Notes

A roundup of noteworthy entertainment law firm and attorney movement and news.

Valuation of Sponsorship Opportunities in Sports

Valuation of a sponsorship opportunity is much more art than science and it is important that a lawyer involved in the negotiation of a sponsorship agreement understand how the various factors interrelate. While this article focuses on the factors affecting the valuation of a sponsorship opportunity with a NASCAR race team, most of the factors can be applied to sponsorship opportunities in other sports as well.

June issue in PDF format

Movers & Shakers

Who's doing what; who's going where.

Think Carefully When Filing Continuation Applications

Recent decisions have assaulted continuations on several fronts. Because of a new requirement to rescind claim scope disclaimers, it will be easier to avoid infringement of continuations, and because of strengthening enablement and written description requirements, more continuations will be invalidated on those grounds and on prior art grounds when priority claims are more easily broken. Consequently, care should be taken in the preparation and prosecution of any patent application claiming priority to another application.

TS Tech's Impact on Transfer Decisions

In re TS Tech and, to a lesser extent for patent cases, In re Volkswagen of Am., Inc., have changed the landscape of ' 1404(a) cases in the Fifth Circuit. Patent cases that once would not have been transferred out of the Fifth Circuit may now be transferred based on TS Tech.

June issue in PDF format

IP News

Highlights of the latest intellectual property cases from around the country.

MOST POPULAR STORIES

Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
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The Brave New World of Cybersecurity Due Diligence in Mergers and Acquisitions: Pitfalls and Opportunities
Like poorly-behaved school children, new technologies and intellectual property (IP) are increasingly disrupting the M&A establishment. Cybersecurity has become the latest disruptive newcomer to the M&A party.
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Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
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A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
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Digital Dibs: Rival Views of Generative AI Copyrights
GAI platforms like ChatGPT and OpenAI often require very little human input, shattering this legal landscape's framework by posing a simple question: Who authored the material? We'll explore how two countries are answering this question in different ways.
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