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Art, Entertainment & Sports Civil Procedure

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

McDonald's Beats Graffiti Copyright Claims in California, But Faces New Threat over New York Street Art

by Sullivan & Worcester on

McDonald’s recently prevailed on personal jurisdiction grounds in a closely-watched case in California about the use of street art as décor for restaurants in the United Kingdom, but the issue has quickly arisen again. As...more

Intellectual Property Bulletin - Spring 2017

by Fenwick & West LLP on

It’s Dangerous to Go Alone! Take This. Intellectual Property Tips for the Esports Industry - With the annual Game Developers Conference spectacular in our rearview mirror, and the NBA’s partnership with Take-Two to...more

How Does the Supreme Court’s Recent Ruling on Incontinence Products Spill Over into Fashion?

On March 21, 2017 the Supreme Court issued a monumental holding removing the availability of laches as a defense in a claim for damages under patent infringement. The case changes decades of legal precedent, and adopts...more

“Anti-Police” Painting Controversy: Court says, No First Amendment Rights at Stake

by Fox Rothschild LLP on

The US. District Court for the District of Columbia recently denied a preliminary injunction seeking the reinstallation of a controversial “anti-police” painting at the U.S Capitol complex. David Pulphus, a student...more

Massachusetts Gaming Update: First Circuit Decision Allows Aquinnah Wampanoag Tribe a Second Shot at Martha’s Vineyard Casino

by Goodwin on

It’s ‘play on’ for the Wampanoag Tribe of Gay Head (Aquinnah). On April 10, a First Circuit Court of Appeals three-judge panel weighed in on the nearly three-and-a-half-year dispute between the Tribe and the Commonwealth, the...more

Oh Yes They Did! - Ninth Circuit Holds that Use of Moderators May Impact DMCA Safe Harbor Shield

by Bryan Cave on

In Mavrix Photographs, LLC v. LiveJournal, Inc., No. 14-56596 (9th Cir. 2017) the Ninth Circuit held that the use of moderators by social media website LiveJournal created a question of fact as to whether the Digital...more

Sylvester Stallone Sues Warner Bros. over Profits from “Demolition Man”

by Robins Kaplan LLP on

Sylvester Stallone filed suit against Warner Bros. on April 13th, claiming the studio has fraudulently concealed his share of revenue from the 1993 sci-fi action film, “Demolition Man.” The film starred Stallone as a Los...more

Commercial Division Compels Arbitration of a Contract Claim Based on an Arbitration Clause in a Related Agreement

In Fidilio v. Hoosick Falls Productions, Inc., No. 654066/2016, 2017 BL 107640 (Sup. Ct. Mar. 22, 2017), Justice Eileen Bransten of the New York County Commercial Division granted a motion to compel arbitration of a dispute...more

Policing the Trademark Playground and Calling Out Bullies

The prevailing defendant in Louis Vuitton v. My Other Bag, LLC (previously blogged about in Louis Vuitton Left Holding the Bag), in a Motion filed on April 7 in the Southern District of New York (Case 1:14-cv-03419-JMF...more

Separating Art from Function: Supreme Court Creates Copyright Test for Designs

by Holland & Knight LLP on

In a landmark 6-2 decision, the U.S. Supreme Court resolved "widespread disagreement" among lower courts and held that the artistic elements in a functional article ­– such as the cheerleading uniform at issue in this case –...more

RED GOLD for Jewelry: Obviously Generic (Or Maybe Not…)

On March 24, 2017, the U.S. Court of Appeals for the Ninth Circuit ruled that the term “red gold” may not be a generic term for jewelry and watches, and thus, may serve as a trademark. Specifically, the Ninth Circuit found...more

‘Home Improvement’ decision may provide tools for drafting, managing CAM in commercial leases

by Thompson Coburn LLP on

In California, commercial lease tenants typically pay a portion of the common area maintenance expenses or "CAM." Commercial leases also generally include the right of the tenant to audit the landlord's CAM statement each...more

MoFo IP Newsletter - April 2017

by Morrison & Foerster LLP on

Supreme Court Restricts the Extraterritorial Reach of U.S. Patent Law for Exported Goods - On February 22, 2017, the Supreme Court in a landmark decision held that the supply of a single component of a multicomponent...more

Cheerleader Uniform Designs Protectable Under Copyright Act

The Supreme Court recently held in Star Athletica, L.L.C. v. Varsity Brands, Inc., that the designs on certain cheerleader uniforms may be protected copyrights. The 6-2 decision clarified the test to be applied when...more

No Common Law “Public Performance Right” for Broadcast of Pre-1972 Recordings

by McDermott Will & Emery on

The US Court of Appeals for the Second Circuit agreed with the New York Court of Appeals that there is no New York State common law “right of public performance” for pre-1972 recordings that is equivalent to federal copyright...more

MLB All-Stars Ryan Howard and Ryan Zimmerman Cry Foul at Al Jazeera’s Documentary on Sports Dopers

by Fox Rothschild LLP on

The defamation lawsuit by retired three-time All-Star Philadelphia Phillies first-baseman Ryan Howard and All-Star Washington Nationals first-baseman Ryan Zimmerman against Al Jazeera over the controversial documentary The...more

Guelph Treasure Art Restitution Case Media Coverage

by Sullivan & Worcester on

The United States District Court for the District of Columbia has ruled that Germany can be sued for the return of Nazi-looted art and artifacts under the Foreign Sovereign Immunities Act. This is the first time Germany will...more

Soft Kitty, Warm Kitty, Little Furry Plaintiff …

In Chase v. Warner Bros. Entertainment, Inc., 1:15-cv-10063-NRB (March 27, 2017), Judge Buchwald of the Southern District of New York, granted Warner Bros. motion to dismiss a copyright infringement suit brought by the...more

A Game Played Proactively

Having read the recent Supreme Court decision of Star Athletica v. Varsity Brands and the new unified test for copyright protectability in useful articles, we can now turn to the challenge of what actual changes will result...more

Nazi-Looting and Forced Sales Support Jurisdiction—Guelph Treasure Ruling Analysis

by Sullivan & Worcester on

The decision on Friday to allow our clients’ claims to proceed against German and the Stiftung Preussischer Kulturbesitz for the restitution of the Guelph Treasure (or Welfenschatz) is ground-breaking in important respects,...more

Defamation Law Series: California Court of Appeal SLAPPS Several Claims Asserted Against Boxer Floyd Mayweather

by Kelley Drye & Warren LLP on

The California Court of Appeal recently dismissed several claims asserted against the famous professional boxer, Floyd Mayweather, Jr., by his ex-fiancé, Shantel Jackson. Mayweather and Jackson had been involved in an...more

March 2017 Independent Contractor Misclassification and Compliance News Update

by Pepper Hamilton LLP on

The past month included significant state and federal appellate court decisions, large settlements of IC misclassification class actions, class and collective action certifications, and two IC misclassification class actions...more

U.S. District Court Issues First of Its Kind Ruling Against Germany Over Renowned Guelph Treasure

by Sullivan & Worcester on

The United States District Court for the District of Columbia has ruled that claims over the famed Guelph Treasure can proceed against Germany in a United States court. This is the first time Germany will have to defend...more

Supreme Court Corner: Q1 2017

by DLA Piper on

Star Athletica v. Varsity Brands COPYRIGHT – DECIDED: MARCH 22, 2017 HELD: An artistic feature of the design of a useful article is eligible for copyright protection if the feature (1) can be perceived as a two- or...more

Intellectual Property and Technology News (North America), Issue 33, Q1 2017

by DLA Piper on

A new year is upon us, bringing swift and deliberate change, uncertainty and myriad paradigm shifts in the political and social landscape. It is fitting, then, that intellectual property practice should reflect these shifts...more

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