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In a nearly 50-page precedential opinion, a Trademark Trial and Appeal Board (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. In ruling also of great significance to the entertainment industry, the TTAB panel ordered cancellation of a registration for TAO VODKA for alcoholic beverages, excluding beer, because the registrant had not used the trademark in commerce as of the filing of its declaration of use, and the trademark was likely to cause confusion with the registered mark TAO for restaurants and nightclubs, which the TTAB held is famous. Tao Licensing LLC v. Bender Consulting d/b/a Asia Pacific Beverages, 92057132 (TTAB 2017).
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By Stan Soocher
Can the settlement of a lawsuit by one profit participant in a TV production be used to increase the contingent compensation provisions of other profit participants in the show?
In-House Counsel Perspective on Negotiating Social Media Influencer Contracts
By Chris O’Malley
With the FTC amping up its scrutiny in the social media influencer space, in-house counsel has an opportunity to mitigate risk and help their companies get more bang for their influencer marketing buck.
Pursuing AI Programmers and Third Parties over Alleged Rights Violations Caused by AI Software
By Jonathan Bick
Because AIs are capable of causing harm but cannot be a legal entity, they are not held accountable by court action. Several current and future possibilities exist to resolve AI difficulties. Current options involve identifying indirect liability. Future options include but are not limited to changing the law to make an AI a legal person and/or changing the law to make AI programing an ultra-hazardous activity.
By Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.