Digital Marketing Under Attack
December 27, 2011
The convergence of media and technology continues to change the way we communicate, consume media and engage in commercial transactions. Marketers have been among the greatest digital media innovators and the medium has evolved as largely advertiser supported. That business model is under attack by consumer groups that argue that marketers are unfairly invading consumers' privacy and confusing consumers as to the nature and origin of commercial messages.
Suit over Cancelled M'tley Cre Show to Move Forward
December 27, 2011
The U.S. District Court for the Northern District of Texas, Dallas Division, denied a Texas-based concert promoter's motion to dismiss a suit by an Argentinian promoter over a planned M'tley Cre concert.
Impact of Bankruptcy on Third-Party Trademark License Assignments
December 27, 2011
Intellectual property ' and thus entertainment industry ' licensors are perpetually concerned about whether their licensees could use the bankruptcy process to assign their license rights to third parties, especially to third parties to whom the licensor would not want to grant a license, at least not on the existing license terms. This concern can be particularly acute for trademark licensors, who want to protect their trademarks against undesired uses and keep the trademark license rights "personal" to their licensees.
.XXX General Availability Period: A Green Light to Block Red Light Domain Names
December 21, 2011
Now is the time for trademark, domain name and brand owners to purchase .XXX domains to pro-actively race to stake a claim in their brand ' if only as a defensive measure to prevent other domain owners from registering/using their name in a .XXX context. In the event that yours wasn't the first hand to pull the trigger in the .XXX domain name shoot 'em up, what are the ramifications of having your mark incorporated into an active .XXX domain?
Limit on Assigning Right to Pursue Online Copyright Infringement
November 28, 2011
In recent months, there has been a flurry of infringement litigation involving copyright troller Righthaven, which procured the right from publishers to file infringement suits over unauthorized online reproductions of the publishers' content. In several cases, the U.S. District Court for the District of Nevada, which is within the Ninth Circuit, has cited the Silvers decision to block Righthaven's claims. Now the U.S. District Court for the District of Colorado, which is within the Tenth Circuit, has raised a Silvers-type bar against Righthaven.
Clarification
November 28, 2011
Clarifying a reference in the <i>Golan v. Holder</i> article in the November 2011 issue.
Upcoming Event
November 28, 2011
Nashville Bar Association Annual Entertainment Law in Review, Nashville, Dec. 13.
Bit Parts
November 28, 2011
Insurance Policy Doesn't Cover Artists Suit Against Record Company<br>No Oral Agreement for TV Producer and Distributor to Share Revenue<br>Non-Payment of Foreign Record Royalties Not Enough for Rescission of Entire Contract
Cameo Clips
November 28, 2011
ARTIST ROYALTIES/DIGITAL DOWNLOADS<br>TAXPAYER LIABILITY/CONTENT PURCHASES
