Band-Name Fights May Trigger Lengthy Battles
November 02, 2006
The recent high-profile litigation over rights to 'Supernova' was the latest example of the common hot-button issue of who may ex-ploit a band's name. The 'Super-nova' dispute was settled with the original pop-punk group of that name agreeing that the marquee band from the CBS-TV talent-series will be able to perform as 'Rock Star Supernova.' In 2004, South Carolina became the first state to enact a 'Truth in Musical Advertising' statute to regulate the use of music-group names, at least in live performances. Since then, at the urging of the Vocal Group Hall of Fame, several other states ' including Connecticut, Illinois, Pennsylvania and North Dakota ' have enacted similar laws. The goal of these statutes generally is to prevent the 'false, deceptive or misleading affiliation, connection or association' between a recording group and a performing group. But issues of contractual or service-mark rights may need to be resolved before a 'Truth in Musical Advertising Statue' may be enforced.
Establishing Injury Presents Challenge In Lawsuits over Right of Publicity
November 02, 2006
The right of publicity ' the right of individuals to protect the commercial uses of their names and images ' is now a familiar concept. Given CKX Inc.'s purchase for a reported $50 million of rights to Muhammad Ali's name and the company's $100 million acquisition of Elvis Presley's publicity rights, there can be no question that the right not only can have great value, but has achieved a certain settled status. And yet, the metes and bounds of the right remain elusive at best.
How to Stand Out from the Crowd
October 31, 2006
The language is clear: 'An advertisement or solicitation shall not depict the use of a courtroom or courthouse.' While using a courthouse in an ad for your law firm may be a clich' ' and fail to set you apart from the competition ' it hardly seems intuitive that doing so would violate advertising guidelines. That will be the case in New York, if a proposed rule goes into effect this month. Across the country, advertising rules continue to evolve, so pinpointing how to best spend your marketing dollars can be challenging.
Net News
October 30, 2006
Music Industry Files 8000 New Infringement Lawsuits <br>
Internet Gambling Banned
October 30, 2006
The House and Senate worked late into the night on Friday, Sept. 29, 2006 to finalize 'H.R. 4954: Security and Accountability For Every Port Act' or the SAFE Port Act and get it to the House floor. By early in the morning on Saturday, Sept. 30, 2006, just before adjourning for the election break, the House had passed the bill by a count of 409-2, and the Senate had agreed to the conference report by unanimous consent. Senate Majority Leader, and Presidential hopeful Bill Frist (R-TN) was the point-person for certain groups lobbying to ban Internet gambling with the addition of Title VIII to the legislation.
Bit Parts
October 30, 2006
Accounting-Malpractice Claim/Arbitration<br>Contributory and Vicarious Copyright Infringement/Interlocutory Appeal<br>Copyright Infringement/Substantial Similarity<br>Copyright-Infringement Filing/Bankruptcy Purchase
Cameo Clips
October 30, 2006
Peer File-Sharing/Developer Liability<br>Right of Publicity/Transformative Use<br>
Practice Notes
October 30, 2006
Major L.A. Firms Face Fallout From Reshuffling<br>Cooley-Alschuler Merger Talks Ended<br>Loeb's Base Expands To Media, Internet
Courthouse Steps
October 30, 2006
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
<b>Decision of Note: </b>Kid Rock Advisers Win Suit Dismissal
October 30, 2006
The U.S. District Court for the Eastern District of Michigan dismissed claims against Kid Rock's attorney William Horton and manager Edward Andrews by parties who lost two previous suits over contracts Kid Rock had signed early in his career. <i>EB-Bran Productions v. Ritchie</i>.
