Art, Entertainment & Sports Updates

Read need-to-know updates, commentary, and analysis on Art, Entertainment & Sports issues written by leading professionals.
News & Analysis as of

2017 Brings Issuance of New Design Patents for the Fashion Industry

It is well known among patent attorneys that design patents are an under-utilized form of protection in the fashion and beauty industry... ..Design patents should always be considered for timeless and iconic pieces or...more

NC Legislative Update: February 2017 #2

This Week - Following a lawsuit by Gov. Roy Cooper (D), a law passed in one of last year’s December special sessions creating the Bipartisan State Board of Elections & Ethics Enforcement (BSBEEE) was put on hold. The...more

Mississippi Advances Fantasy Sports Regulations

The Mississippi State House of Representatives recently passed a bill that would implement fantasy sports regulations. The bill will now head to the State Senate for debate and a vote on the measure. What are some of...more

Would you survive a knockout?

Ronda “Rowdy” Rousey was at the top of her field, training hard and winning harder. Her success had built her brand. So much so that she diversified into acting with parts in two big budget, big publicity movies. Then it...more

Sorry, J-Lo and CeeLo: Real world requires carefully crafted employment dress codes

The Grammys aired on Sunday, February 12, 2017. Every year, audiences tune in to the glamorous awards show to watch the presentation of such celebrated accolades as “Song of the Year” and to take in the live performances of...more

No Love For Proposed Consumer Class Settlements

Two consumer class actions recently hit a roadblock when courts denied final approval for class settlements. In In re Target Consumer Data Security Breach, the U.S. District Court for the District of Minnesota preliminarily...more

The Designer Formerly Known As…Intellectual Property Issues Arising From Personal Names As Fashion Brands

Kate Spade, Paul Frank, Joseph Abboud, Catherine Malandrino, and Karen Millen—aside from being well-known designers, all have something else in common; they no longer own the right to use their personal names as their brands....more

Twins for Clooneys! How to manage pregnant employees who aren’t gazillionaire celebs

A-list celebrity George Clooney, long considered Hollywood’s most eligible bachelor, surprised the world when he married international human rights lawyer Amal Alamuddin back in 2014 after decades of assuring journalists,...more

Three Point Shot - February 2017

Ski Manufacturer Chills Bode Miller's Comeback - World champion skier and six-time Olympic medalist Samuel "Bode" Miller had his eye on coming out of retirement for the 2016-17 season before a contract dispute with his...more

The Story Behind the Swarming Drones at Super Bowl LI

If you were one of the 111 million viewers to watch Super Bowl LI, you may have seen the half-time show which featured not only a performance by Lady Gaga, but over 300 swarming drones performing an intricate light show....more

The Apple May Not Fall Far from the Fashion Industry

In 2011, Apple sued Samsung alleging among other things that various portions of Samsung smartphone products infringed claims of certain design patents owned by Apple (Apple Inc. v. Samsung Electronics Co., Ltd.). In 2012,...more

Disparaging (or Maybe Not) Trademarks: The Supreme Court Hears Oral Arguments on In Re Tam

On January 18, 2017, the Supreme Court heard oral arguments regarding whether the Lanham Act’s provision refusing federal trademark registration to disparaging marks is invalid under the Free Speech Clause of the First...more

Facial Recognition Gaming Software Tests Biometric Privacy Law

Does every product that takes a full face scan and saves it in accessible files violate the Illinois Biometric Information Privacy Act? Apparently not....more

NLRB General Counsel Looks to Expand Reach of Federal Labor Law to Private Colleges and Universities; Believes that Scholarship...

Since 2014, the National Labor Relations Board has issued three significant decisions related to union organizing at private universities: Pacific Lutheran University; Columbia College; and Northwestern University. ...more

Of Greek Gods and Data Breaches

The sorry story of Chris Correa, the St. Louis Cardinal executive convicted of hacking into the Houston Astros computer system expanded last month when Federal Judge Lynn Hughes unsealed details about the extent of the...more

Indianapolis Colts Set Their Eyes for Home-Field Advantage in Second Class Action Complaint

As a follow-up to our previous article, the Indianapolis Colts are moving to move venues in a federal class action lawsuit to Indiana. The plaintiff alleges that the beacon technology integrated in the Colts mobile...more

Paul McCartney chants 'Get Back' again – The Future of Copyright Termination

The US Copyright Act of 1976 allows artists, writers, and musicians to “get back” grants of copyrights that had been previously licensed or assigned away. Specifically, artists can “terminate” their copyright arrangements...more

[Event] Who's in the Driver's Seat? What the Connected Car Shows Us About the Legal and Regulatory Issues of the Internet of...

The Internet of Things (IoT) is creating unprecedented opportunities and challenges – launching groundbreaking collaboration among disparate industries and generating insightful data from uncommon sources....more

Sixth Circuit Drops the Beat: Social Media Relevant in Determining Likelihood of Confusion

The US Court of Appeals for the Sixth Circuit affirmed a grant of summary judgment, holding that the plaintiff provided insufficient evidence to find that relevant consumers were likely to confuse the sources of his and the...more

The Supreme Court Tackles Disparaging Trademarks

From my title, you may think I am referring to the battle over the REDSKINS trademark. However, the In re Tam case beat the REDSKINS team to the high court. The case involving the REDSKINS mark is currently on hold until...more

Is it a Lottery or is it Gambling? UK Regulator Slaps Lottoland for Misleading Radio Ad

Gambling, including online gaming, lotteries, and land-based gaming, has tremendous participation in the United Kingdom. One study concluded that 75% of the UK’s adult population gambled in some manner. UK regulators take...more

The Power of the Melody Pushes Fashion Forward

The many genres of music – particularly, rock, pop, hip-hop and country – have always pushed the needle forward in fashion. Musical icons from today and yesteryear have given a voice to fashion by creating a kinetic...more

Super Bowl Commercial Highlights Pay Equity

Many people watch the Super Bowl for the game. Others watch for the commercials. And perhaps even more watch for both. In years past, it would not have been uncommon for people to spend the Monday after the Super Bowl at the...more

New York Fashion Week: A Lineup of The Most Fashionable Trademark and Copyright Claims

It’s that time of the year again when New York City becomes the most fashionable place on the planet. While I would argue that Manhattan is always fashionable, New York Fashion Week adds a bit of extra excitement, glamour and...more

Copyright and Trademark Case Review: Copyright Preemption, Software-as-a-Service and Popularity on the Internet

Copyright Decisions - Claim for Copying of Useful Article Design Preempted by Copyright Act: Ultraflo Corp. v. Pelican Tank Parts, Inc., No. 15-20084 (5th Cir. Jan. 11, 2017)...more

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