The Recent Court and Regulatory Battles Behind the Net Neutrality Controversy
February 01, 2018
Though it has been a news focus recently, the legal issue of “net neutrality,” or an open Internet, has been a point of contention between Internet access providers and network users since the mid-1990s. Both sides have zealously but unsuccessfully lobbied Congress with multiple efforts to have desired legislation passed. This has left us instead with shifting regulatory actions taken by the Federal Communications Commission (FCC) attempting to address the issue.
More Developments in NFL Concussion Litigation
February 01, 2018
Several leading law firms in the National Football League concussion settlement litigation are taking issue with an expert report that suggested slashing attorney fee recoveries. More than 10 law firms have filed responses to a December expert report that recommended capping attorney fees.
Trademark Board's Precedential Ruling on Use in Commerce
February 01, 2018
In a nearly 50-page precedential opinion in a ruling of great significance to the entertainment industry, a TTAB panel of judges recently underscored the need to prove actual use in commerce in order to register a trademark, regardless of how low the standard for use under the Lanham Act has recently become.
An IP Protection Primer for Entertainment Tech Startups
February 01, 2018
The tech-heavy entertainment industry is an active field for tech startup companies developing potential patents and trade secrets. But many cash conscious startups are forced to initially neglect protection planning for these intellectual property assets, instead allocating scarce resources to set up and initial operation costs. This article suggests some practical and economical steps for startups, especially those with tight finances, to protect what may become valuable patents and trade secrets.
Bit Parts
February 01, 2018
Eleventh Circuit Affirms Permanent Injunction Against Former Commodores' Member over Use of Group's Name<br>Federal Court Ruling in Trademark Battle over “Row”<br>Political Uses of Photos of Artists Ruled Transformative Fair Uses of Copyrights
Internet Goods and Product Liability
January 01, 2018
The Internet's value arises in part from its ability to provide images, data and content quickly and at little cost. This ability results from the fact that Internet products — whether they be images, data or content — are each reduced to a digital format. Sharing products that have been so reduced may result in product liability.
ESPN Prevails in Video Privacy Suit
January 01, 2018
The U.S. Court of Appeals for the Ninth Circuit upheld a win for ESPN in a lawsuit that accused the company of sharing the personal identities of customers, who used the sports network's Roku streaming application, with data analytics companies.