Searching Content indexed under Media, Telecoms, IT, Entertainment by Smith Gambrell & Russell LLP ordered by Published Date Descending.
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Fourth Circuit Fixes Fair Use
On April 26, the Fourth Circuit Court of Appeals reversed a controversial ruling that caused significant concerns for visual artists. Brammer v. Violent Hues Productions,
United States
16 May 2019
Avoid Truthful But Misleading Advertising
Avoid truthful but misleading advertising. Be careful what you say, especially about your competitors. As expected, competitors are sensitive to any negative allegations ...
United States
22 Apr 2019
Federal Circuit Leaves Open The Question Of Whether Computer Equipment Can Serve As A "Regular And Established Place Of Business"
On February 5, 2019, the Federal Circuit denied rehearing en banc in In Re Google LLC, 2018-152 (Fed. Cir. Feb. 5, 2019), leaving unsettled the question of whether the presence of computer servers
United States
28 Feb 2019
Music To Our Ears: The Music Modernization Act Of 2018
At its most fundamental, the law of copyright is literally that – a protective limitation on the right to copy the original creative expression of authors and artists.
United States
18 Dec 2018
When Is It Okay To Label My Product As "Made In USA"?
In this era of "America First," there is a major push to increase the amount of manufacturing that happens in the United States, and buying American-made goods is viewed by many to be an act of patriotism.
United States
10 Dec 2018
Addressing Cybersquatting In A Post-WHOIS Blackout World
Imagine a customer complains to you about a product they purchased online from YOURBRAND.COM. Only you don't own this domain name, and the problematic product is a counterfeit.
30 Nov 2018
It's Ten O'Clock: Do You Know Where Your Software Developers Are?
Does your company develop software that gives you an edge over your competitors?
United States
18 Oct 2018
Hands-Free Georgia Act And Restriction On Police Power To Obtain Cellphone Data
On July 1, 2018, Georgia's new distracted driving law went into effect.
United States
7 Aug 2018
NAD Rebuffs Unsubstantiated Salad Spinner Ad Claims
A recent National Advertising Division decision concerning salad spinners reminds us that precise claims require precise substantiation, no matter the nature of the product.
United States
6 Jul 2018
Georgia's New Distracted Driving Law
On July 1, 2018, Georgia's new distracted driving law will go into effect. The new law is officially called the "Hands-Free Georgia Act" ...
United States
4 Jul 2018
Distracted Driving And Snapchat
In Maynard v. Snapchat, Inc., Case No. A18A0749 (decided June 5, 2018), the Georgia Court of Appeals addressed a tragic situation involving an automobile accident and the popular application Snapchat.
United States
6 Jun 2018
Lindsay Lohan "Takes-Two" Appellate Losses
New York's privacy laws are codified in Article 5 of its Civil Rights Law.
United States
6 Apr 2018
Targeted Advertising: Effective Or Discriminatory?
The Communication Workers of America ("CWA") as well as three named plaintiffs filed suit against named defendants and an unspecified class of "hundreds of major American employers...
United States
1 Feb 2018
Timed Out And Tuned Out: The Forfeiture Of Unclaimed Royalties And The Loss Of Meaningful Access To Litigation Under The Music Modernization Act
On December 21, 2017, the Music Modernization Act of 2017 (H.R. 4706) was introduced in the House of Representatives.
United States
22 Jan 2018
Franchises & Brand Development
The most important, if not essential, element of the ultimate success of a business is the development of a brand.
United States
17 Oct 2017
Please Call Back: When Is A Voice Mail From A Debt Collector Harassing?
An individual received a voice mail message from a debt collection company.
United States
3 Oct 2017
Is Your Website A "Place Of Public Accommodation" Under The Americans With Disabilities Act?
What do burgers and art supplies have in common? They are both sold on websites recently challenged by disabled plaintiffs.
United States
4 Sep 2017
DOT Insurance — The New Internet Place For The Global Insurance Community
In the past couple of years, ICANN, the international organization responsible for the management and oversight of the Internet, has approved the release of hundreds of new Top Level Domains (TLDs)
United States
15 Jun 2017
Protecting Kobe Bryant's Common Law Rights In "Black Mamba"
Retired Los Angeles Lakers team member, Kobe Bryant, one of the best to ever play the game of basketball, has long been referred to by the nickname "Black Mamba."
United States
24 Apr 2017
Misleading Advertising: The Truncated Graph
Graphs may seem like a safe, simple way to visually convey information to consumers, but they present a minefield of potential hazards for the unwary advertiser.
United States
18 Apr 2017
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