Are Criminal Laws the Right Response to Revenge Porn?
Why Ending FCC Blackout Rules May Be Broadcast TV's Demise
Beastie Boys Sue; Law Prof's 'Head Spins'
Polsinelli Podcast - What's Next in Health Reform 2014
Breaking Bad: Is Final Episode a Trade Secret?
Redskins Name Is an 'Ethnic Slur,' Says Lawyer
Fantasy Football: The Legal Reality
Social Networking: New Risks & Opportunities at Work
Inside NFL's Jaguars Owner's Fulham FC Purchase
What is a domain name? Is it the same as a company name?
Porn Copyright Trolls Receive Punitive Sanctions
Yankees' Lawyer on Manchester City MLS Partnership
Patent Series: Protecting inventions
Trademark Series: Use-based trademark protection
Trademark Series: Protecting your mark from becoming generic
Trademark Series: Matching your commercial strategy
Trademark Series: Building a global brand
Harlem Shake's Copyright Issues
Why Did Godzilla & James Bond Need Congress' Protection?
Jeff Ifrah on the Historic Legalization of Online Gaming in New Jersey
Several minor league baseball players have filed an antitrust class action against Major League Baseball, alleging that MLB and its teams operate as a cartel to impose restrictive contracts on minor league players. The suit,...more
According to music icon Don Henley, intellectual property rights are not a joking matter....more
On 9 December a well-known British performing artist was granted permission to take his case to the Supreme Court, where he will appeal the Court of Appeal’s decision in OPO v MLA & STL, reported here in October 2014....more
Three UK music industry organisations, the Musician’s Union, the British Academy of Songwriters, Composers and Authors, and UK Music, have recently launched a legal action seeking leave to apply for judicial review of the...more
At this time of year, you may be wondering about the first intellectual property case involving Santa Claus. And even if you are not, we are going to tell you....more
On December 3, United States Department of Justice attorneys filed a complaint in federal court seeking to prevent the Iipay Nation of Santa Ysabel, a federally recognized Indian tribe near San Diego, from continuing to...more
Following jury verdict in favor of Beastie Boys on copyright infringement and Lanham Act claims, district court denies defendant Monster Energy Company’s motions for judgment as matter of law, for new trial, and for reduction...more
This past Sunday, the College Football Playoff Committee unveiled the four college football teams that will be participating the very first playoff in college football. The festivities begin Jan. 1, 2015, with Oregon battling...more
For more than three decades no type of lawsuit has been more likely to fail than those asserting that the latest hit movie or television series infringes the copyright in a screenplay or other literary...more
In McBride v Christie’s Australia Pty Limited  NSWSC 172, the Plaintiff purchased a painting at an auction held by Christie’s Australia Pty Limited (“Christie’s”) through a bidding agent, Vivienne Sharpe. The vendor of...more
Mil-Spec Monkey, Inc. v. Activision Blizzard, Inc. - USDC, N.D. California, November 24, 2014:
District court grants summary judgment in favor of publisher of military-action video game Call of Duty: Ghosts on trademark...more
“There are no small parts, only small actors.” So says the film and theater maxim most frequently attributed to Russian actor and director Constantin Stanislavski. But how small a contribution is enough for an actor or...more
On Monday, December 15, 2014, the Ninth Circuit en banc will hear argument in Garcia v. Google, Inc. 766 F3d 929 (9th Cir. 2014), amending 743 F.3d 1258 (9th Cir. 2014). A three judge panel of the Ninth Circuit previously...more
On November 21, 2014, professors of antitrust law from 15 universities filed an amicus brief in support of the NCAA’s appeal in O’Bannon v. NCAA. (This blog has previously covered the O’Bannon case; the most recent entry...more
In a novel lawsuit that tests the bounds of service provider liability, two music publishers brought suit against an ISP for contributory copyright infringement for allegedly facilitating infringement by failing to terminate...more
Video games have come a long way since I was a kid. I grew up with a pixelated plumber jumping on on turtles with frozen facial expression. Sometimes it is hard to believe how far video games have developed, with games like...more
In the first case since the coming into force of the Gambling Act 2005, the English courts have determined whether the conduct of a party to a gambling contract amounted to cheating for the purposes of civil law.
Thomas Pink Ltd v Victoria’s Secret UK Ltd  EWHC 2631 (Ch)
Two particular points for brand owners to take away from the decision:
1. If faced with an invalidity challenge on the grounds of s3(1)(b) or (c)...more
The term “Ambush Marketing” originally came from inappropriate sport advertisement in western countries. It involves a marketing strategy wherein the advertisers associate themselves with, and therefore capitalize on, a...more
On November 14, 2014, the National Collegiate Athletic Association (NCAA) submitted its initial brief to the Ninth Circuit Court of Appeals challenging the Northern District of California’s August decision that the NCAA’s...more
Years before I was a lawyer, I saw Vanilla Ice on The Tonight Show. Jay Leno asked whether his song, Ice Ice Baby (listen to seconds 8-24) sounds like David Bowie’s Under Pressure (listen to seconds 9-20). I’ve not seen a...more
Touchtunes Music Corp. v. Rowe International Corp., Arachnid, Inc., et al.
October 21, 2014 -
Case Number: 1:07-cv-11450-RWS -
Judge Sweet, having previously found this case to be exceptional, awarded...more
A complaint recently filed in the Southern District of Indiana alleges that the NCAA and its Division I Member Schools have jointly agreed and conspired to engage in a widespread pattern, policy, and practice of failing to...more
Since its first broadcast on February 1, 1942, the Voice of America radio service (VOA) has aired countless hours of programming in dozens of languages to what is currently an estimated global audience of over 100 million...more
In denying a motion for summary judgment of invalidity under Section 101, the court stated: "An inability to articulate an abstract idea to which claims are directed may be a clue that those claims satisfy Section 101." The...more
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