Lack of Logo Placement At Center of Ruling Over Meat Loaf Album Packaging
December 21, 2007
To build visibility for its brand, a record label or production company will want its logo included on products containing its master recordings manufactured and distributed by third parties. This will be addressed in the agreement between the label or production company and manufacturer/distributor. The failure to include the logo may raise a host of issues, from the breadth of the logo-placement obligation ' such as whether it includes Internet downloads ' to the proper theory on which to base any damages and just which album-sales figures are subject to evidentiary discovery. A recent ruling by the U.S. Court of Appeals for the Sixth Circuit ' in a long-running dispute between Cleveland International Records and Sony Music Entertainment ' illustrated how these issues may be argued and decided.
Americanization of e-Commerce Law
December 21, 2007
Despite the Internet's global reach, it is the propensity of American citizens and U.S. residents to engage in e-commerce ' and of American courts and governmental agencies to accept, resolve and publish the decisions in those cases ' that makes it fair to say that American law dominates e-commerce.
e-Battling Demons and Other Woes
December 21, 2007
When the same entertainment network that gave us Family Guy and American Idol (and soon, The Wall Street Journal) does a multi-million dollar buyout of a self-proclaimed 'spiritual Web site,' www.beliefnet.com, no one can deny that the selling of religion online has become big business. Although the Bible and the Pope may have both condemned mixing commerce and worship, today the temple appears to have firmly established itself in digital form in the e-commerce marketplace, rather than the marketplace having been set up ' and pitched out of ' the temple.
Bit Parts
December 21, 2007
Copyright/Joint-Authorship Test<br>DMCA Safe-Harbor Bid/Declaratory Suit<br>File-Sharing Suit/Anti-Trust Counterclaims
Counsel Concerns
December 21, 2007
Attorney as Trustee<br>Attorney Disqualification
The Best of MLF 2007
December 21, 2007
In 2007, we learned a lot from myriad authors and our fabulous regular columnists. As with past practice, I am going to give our readership the pleasure of having the opportunity to enjoy reading one article from each of the past 12 months. In this issue we will feature January up to and including July. The February issue will continue highlighting one article from each of the August to December issues.
Vehicle Tracking Surveillance
December 21, 2007
In our era of fast-paced technological development, you may know that a GPS-enabled cell phone could allow you to trace your teenager's steps, but did you know that you could track your schnauzer through his GPS-enabled dog collar? Inventive product designers are finding new ways for us to enjoy the government-run Global Positioning System all the time.
The Fifth Element: Adding to the Daubert Criteria
November 30, 2007
Any trial lawyer re-reading <i>Daubert v. Merrell Dow Pharmaceuticals, Inc.,</i> or reading afresh the Ninth Circuit's application of the <i>Daubert</i> standard on remand from the U.S. Supreme Court may be surprised to learn that a fifth reliability element ' often overlooked ' is frequently applicable and very useful.
Practice Tip: Is It Necessary to Sue a Foreign Auto Manufacturer?
November 30, 2007
Foreign auto manufacturers often have American subsidiaries that import their products and market them with a warranty from the importer. If such a product injures an American due to a design defect, do you need to sue the manufacturer as well as the importer/seller/warrantor?
Ways to Avoid Electronic Contract Killers in Second Life
November 30, 2007
The creators of Second Life — an online virtual community — faced some real-life problems in a Pennsylvania court recently. In <i>Bragg v. Linden Research, Inc.,</i> No. CIV.A06 4925 (E.D.P.A. May 30, 2007), Judge Eduardo C. Robreno, denying a motion to compel arbitration, offers attorneys and their clients some useful guidelines to consider when drafting standard electronic form contracts.
