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A Different Kind Of Hockey Fight: Does Trademark Law Protect "Play Gloria"?
In April, the St. Louis Blues (the "Blues") hockey team made an improbable run from being dead-last in the standings in January, to winning the National Hockey League's ("NHL") Stanley Cup Final at season's end.
United States
24 Jul 2019
Fake News: A Legal Perspective
The concept of "fake news" has garnered substantial attention in recent years, evolving from its satirical literary origins into a passionately criticized Internet phenomenon.
United States
1 Jun 2017
Discovery Dispute Lingers in "Stairway to Heaven" Copyright Infringement Case
With a jury trial scheduled to begin in just over a month, Led Zeppelin, their music publisher and record label continue to feud with the estate of a founding member of the rock band Spirit over the allowance of expert depositions in a copyright infringement case surrounding the song "Stairway to Heaven."
United States
12 May 2016
Allegedly Infringing Ad Campaign: Trademark Claims Preempted By Copyright
Nobody puts Lions Gate Entertainment Inc.'s ("Lions Gate") Dirty Dancing brand in a corner – except for a California federal district court and an allegedly infringing ad campaign.
United States
31 Mar 2016
Work-For-Hire Clauses and Agreements: One Key to Intellectual Property Ownership
A "work made for hire" (sometimes referred to as a "work-for-hire") is a work created by an employee as part of her/his job and, in some limited circumstances, where all parties agree in writing that work created by an independent contractor should be considered a work-for-hire.
United States
4 Mar 2016
Eighth Circuit: Non-Commercial Copyright Use Preempts Right of Publicity
Last Friday, the U.S. Court of Appeals for the Eighth Circuit upheld a Minnesota federal district court's grant of summary judgment in favor the National Football League (the "League" or "NFL") regarding the rights of publicity of former NFL players with respect to certain League film projects.
United States
1 Mar 2016
Appeals Court Declines Request To Rehear O'Bannon Anti-Trust Case
As readers of this blog are aware, intellectual property rights exist with respect to a person's name and likeness.
United States
17 Dec 2015
Licensing Journal Features Article By KMT's David Klein And Joshua Wueller: Intellectual Property Concerns For Sponsors Of Promotional Contests And Sweepstakes
Marketers are always looking for more effective ways to entice consumers, with the goal to build a brand and sell more products and services.
United States
28 May 2015
MMA Fighter: Game Developer Used My Likeness Without Permission
Earlier this month, mixed martial arts (MMA) fighter Felice Herrig took to Instagram to accuse video game developer NetherRealm Studios and its parent/distributor Warner Bros. Interactive Entertainment, Inc. of using her likeness without permission.
United States
23 Apr 2015
Jury Finds Pharrell Williams and Robin Thicke Guilty of Copyright Infringement
On March 20, 2015, a jury awarded $7.4 million to the family of artist Marvin Gaye for Pharrell Williams and Robin Thicke’s alleged infringement of Gaye’s song "Got to Give it Up."
United States
12 Mar 2015
New York Court Certifies Sirius XM Copyright Case Interlocutory Appeal
After suffering a loss in New York State federal court, Sirius XM Radio, Inc. ("Sirius") has now been granted the right to appeal to the Second Circuit Court of Appeals a summary judgment ..
United States
23 Feb 2015
Strike 2 – New York Court Rules Against Sirius XM: Liable For Use Of Pre-1972 Sound Recordings
After suffering a loss in California federal court, Sirius XM Radio, Inc. ("Sirius") has now lost a summary judgment ruling in the United State District Court for the Southern District of New York and may soon find itself liable to Flo & Eddie Inc. ("F&E") under New York common law for publicly performing pre-1972 sound recordings owned by F&E.
United States
20 Nov 2014
Court Rules Against Sirius XM – Liable For Use Of Pre-1972 Sound Recordings
The United States District Court for the Central District of California ruled that Sirius is liable to F&E for publicly performing 15 separate pre-1972 sound recordings.
United States
26 Sep 2014
Legal And Business Concerns Of The Newly Minted Social Media Star
A new type of celebrity has emerged: the social media star. These are individuals that have achieved a level of fame through various digital media outlets.
United States
24 Sep 2014
To Invoke Safe Harbor Protection, One Must Designate A DMCA Registered Agent
Plaintiff David Oppenheimer is a professional photographer and the owner of Performance Impressions, LLC.
United States
5 Aug 2014
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