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In Matal v. Tam, 137 S. Ct. 1744 (2017), the trademark case involving the name of the Asian-American rock band The Slants, the U.S. Supreme Court held that the portion of §2(a) of the Lanham Act, 15 U.S.C. §1052(a), that prohibits the federal registration of potentially disparaging trademarks and service marks, violated the Free Speech Clause of the First Amendment. The eight justices participating in the case agreed that the prohibition constituted a viewpoint-based government restriction, but they divided evenly on the constitutional significance of that consideration. Whatever the resolution of that division ultimately may be, though, the outcome of the litigation is unlikely to affect the validity of most — but not necessarily all — of the Lanham Act’s other prohibitions on registration. This is an important consideration in the entertainment industry in which products with outrageous names are common.
By Marc Jacobson
Film remains a director’s medium, considering that the director will always give shape and vision to the writer’s words.
By Samuel Cullari and Alexis Cocco
The CCPA is the first of its kind, generally applicable data protection law in the United States. What makes the CCPA unique is not only its applicability to companies like those in the entertainment and media industries, but also the rights it provides to consumers regarding their personal information (PI).
By Edward Weisz and Alanna Miller
In this article, we explain how copyright, trademark and patent infringement issues unfold on Amazon by describing the process for rights holders to report infringement, and the impact of successful infringement take-down requests.
By Simon Taylor
The European Commission has charged Valve Corp., the owner of Steam video-game distribution platform, and five video-game publishers with breaking European Union (EU) competition rules through their use of geoblocking, which restricts access to digital content on a territorial basis.