Searching Content indexed under Licensing & Syndication by Proskauer Rose LLP ordered by Published Date Descending.
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On The Mark: Understanding The Supreme Court's Latest Decision Regarding The Treatment Of Trademark Licenses In Chapter 11
In Mission, the debtor-licensor rejected a trademark license agreement and sought to terminate the licensee's right to use the debtor's trademark. This decision has important ramifications to parties to trademark licenses.
United States
24 Jun 2019
New York Approves Nationwide Licensing Tool For Virtual Currency Business Activity Companies
New York State has taken measures this year to modernize its approach to regulation for blockchain-based companies.
United States
17 Jan 2019
Three Point Shot - December 2018
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer.
United States
28 Dec 2018
Common Software Licensing Language At Issue In IP Dispute
Licensors of software typically utilize software license agreements providing for their ownership of the licensed software and related IP, as well as restrictions barring licensees from reverse...
United States
10 Oct 2018
Antitrust Agencies Propose Updates To IP Licensing Guidelines And Invite Comments
In 1995, the Federal Trade Commission and the Department of Justice first issued the Antitrust Guidelines for the Licensing of Intellectual Property.
United States
23 Aug 2016
Expanded HSR Antitrust Reporting For Pharma Licensing Deals Is Here To Stay
We first addressed the implications of this Rule in August 2012, when it was proposed and introduced for public comment by the FTC.
United States
24 Jun 2015
New York Court Gives Final Approval To $58.5 Million Music Licensing Settlement
On February 19, 2015, the District Court for the Southern District of New York issued final approval of a $58.5 million settlement between performing rights society SESAC and the Television Music License Committee (TMLC). 1:09-cv-09177-PAE (Dkt. No. 221).
United States
2 Mar 2015
Virginia Court Dismisses Webcaster’s Suit Concerning Geofencing Workaround To Copyright Royalty Obligations
We previously wrote about a Virginia federal magistrate judge’s report recommending dismissal of a declaratory judgment action brought by several radio stations...
United States
25 Feb 2015
Don't Lose Your Trademark Through Careless Licensing
Trademark practitioners are well familiar with the requirement under U.S. law that trademark licenses must contain quality control provisions.
United States
3 Oct 2014
Emerging Technology and Existing Law: Can Geofencing Provide Radio Webcasters a Workaround of Digital Performance Royalties?
New technology continues to generate business models that test the limits of intellectual property laws enacted before such technologies were ever contemplated.
United States
3 Oct 2014
Three Point Shot - May 2014
Tiger Woods skipped The Masters this year for the first time in 20 years because he was recuperating from back surgery.
United States
21 May 2014
Staving Off Scrapers of User-Generated Content with Electronic Copyright Transfers… A Legal (But, Perhaps Not a Practical) Solution
The law on scraping and linking remains undeveloped, and has not provided clear remedies for this kind of access. Given the state of the law, sites often employ the "kitchen sink" strategy against scraping competitors: throwing multiple claims at the unauthorized party in the hope that at least one viable legal theory survives. We last wrote about this approach in a May 2009 post when Facebook brought a multi-count suit against Power Ventures, an online service that allowed social networki
United States
12 Nov 2013
Assignment Of Copyright Through Terms Of Use: Does E-Sign Make It OK? A Tool For B2B Sites Dealing With Unauthorized Access To Their Content?
It is a common practice for Web site providers who accept submissions of user-generated content to include a license provision in their "Terms of Use" to obtain rights to use the content.
United States
31 Dec 2012
New Media, Technology and the Law (January 2011)
Downloading a copyrighted digital music file does not constitute a public performance under the Copyright Act, the U.S. Court of Appeals for the Second Circuit ruled.
United States
23 Jan 2011
Second Circuit Holds That Keyword Ad Sales May Be A Trademark “Use In Commerce”
The Second Circuit recently held that a search engine’s sale of keyword advertisements based on trademarks of others may constitute a “use in commerce” sufficient to state a claim under the Lanham Act.
United States
14 Apr 2009
Tour De Fallout
As the 95 th Tour de France approaches, many Americans may choose to ignore the year’s premier cycling event in the wake of Lance Armstrong trading in his bike for running shoes and Floyd Landis trading in his yellow jersey for a twoyear ban for doping.
United States
25 Jun 2008
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