The 'New and Improved' FTC?
A broad survey of Federal Trade Commission ("FTC") actions and appointments throughout 2009 reveals priorities in enforcement efforts. For instance, the FTC initiated what some observers characterize as fundamental changes to its previous modus operandi ' changes that mark a more proactive approach on several fronts.
Bit Parts
Complaint over Oral Agreement for TV-Network Work Is Dismissed<br>Rulings on Song License Termination and on Assignment Recordation<br>Suits Proceed over Use of College Athletes' Indicia
<b>Expert Witnesses:</b> Exclusion of Expert's Survey Results
The entertainment industry is awash with the exploitation of merchandise products. Experts use different methodologies to prove or disprove allegations of similarities between goods. In a trademark dispute over merchandise apparel sales, the U.S. District Court for the Southern District of New York excluded a plaintiff's expert's report that relied on a "sequential array" survey method to try to show that the defendants' merchandise created a likelihood of consumer confusion.
Ticketmaster Lead Counsel on Live Nation Merger Issues
The proposed merger between Ticketmaster Entertainment Inc. and Live Nation Inc. won Justice Department approval in January 2010, following a year of negotiations. Steven Sletten of Gibson, Dunn & Crutcher counseled Ticketmaster. In an interview, Sletten stated that he prepared his client to face a tough audience, both at the Justice Department and in the court of public opinion.
Cameo Clips
MUSIC COPYRIGHTS/INFRINGING 'WORKS'<br>TRADEMARK INFRINGEMENT/RECORD LABEL NAMES<br>TV COMPENSATION CLAIMS/FEDERAL PREEMPTION<br>VIDEOGAME DEVELOPMENT/INJUNCTIVE RELIEF
Forum Selection Clause Applies To Merged TV Company
The U.S. District Court for the Southern District of New York decided that a forum selection clause in a television broadcast agreement applied to a company within which the original signatory broadcaster later was merged.
Expansion of Right of Publicity Continues To Create Tensions with First Amendment
Broadly defined, the right of publicity is a person's right to control the commercial use of his or her identity. It has been over half a century since the term "right of publicity" was first coined by Judge Jerome Frank in 1953. Since that time, courts have been struggling to define the scope of the right of publicity protection, and to resolve the inherent conflicts between the right of publicity and the freedom of expression embodied in the First Amendment.
Squaring Off: The Right of Publicity v. The First Amendment
Recently, two incidents involving one of the world's most famous couples, President Barack Obama and First Lady Michelle Obama, once again brought the focus onto right of publicity issues, as well as potential First Amendment defenses to right of publicity claims.
Substantial Contribution Claims
Where a creditor retains a professional to advance a particular position in a Chapter 11 case whose efforts result in the making of a substantial contribution to the case, such creditor can potentially get reimbursed for all of its out-of-pocket expenses, including for reasonable compensation for professional services rendered.
