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IP News
February 02, 2006
Highlights of the latest intellectual property news from around the country.
The Third Circuit Carves Out New Real Estate for Itself: A New Standard for Nominative Fair Use in the Trademark Context
February 02, 2006
A trademark identifies the source of a particular good or service, and trademark law seeks to protect against a third party's use of a mark that "is likely to cause confusion, or to cause mistake, or to deceive" as to source. 15 U.S.C. '1114(1). That is, certain aspects of trademark law "preven[t] producers from free-riding on their rivals' marks." <i>New Kids on the Block v. News America Publishing, Inc.</i>, 971 F.2d 302, 305, (9th Cir. 1992).
Damage Dilemma: Conflicting Standards for Disgorging Trademark Infringer's Profits
February 02, 2006
Is willfulness a prerequisite for recovering a defendant's profits under 35 U.S.C. &sect;1117(a) for infringing a registered mark or for violations under Section 43(a) of the Lanham Act? Maybe. It depends on the circuit in which the case is decided, but it shouldn't. The substantive rights and remedies under the Lanham Act should be uniformly interpreted throughout the nation. This is especially so with respect to monetary remedies in view of the Trademark Amendments Act of 1999, which should have, but did not, resolve this issue.
February issue in PDF format
February 02, 2006
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Video Games Update
February 02, 2006
Recent developments in video game cases and law.
Internet Piracy Update
February 02, 2006
Recent cases in Internet piracy of to the entertainment law community.
Bit Parts
February 02, 2006
Recent developments in entertainment law.
Cameo Clips
February 02, 2006
Recent cases in entertainment law.
<b>Decision of Note:</b> Court Jurisdiction Over Accountants In Film-Deal Suit
February 02, 2006
The U.S. District Court for the Eastern District of Pennsylvania ruled it had personal jurisdiction over accountants allegedly in-volved in a scheme to defraud in a film-production investment.
Bankruptcy Filing Allows Artist to Reject Agreement to Collect Artist's Royalties
February 02, 2006
Artists have sometimes used bankruptcy filings to end personal service agreements, such as recording contracts, and even as a tool in renegotiating deals. A key issue has been whether an artist's bankruptcy terminated such an agreement. The U.S. Bankruptcy Court for the Southern District of New York, Poughkeepsie Division, has now decided that an artist in bankruptcy may reject an agreement he or she entered into for a third party to collect the artist's royalties.

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