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

Offensive Trademarks Are Protected Free Speech Under The First Amendment

by Weintraub Tobin on

Simon Tam is the lead singer of the rock group call “The Slants’, which is composed of Asian-Americans. Tam applied for federal trademark registration of the band’s name. While the term “slants” is a derogatory term for...more

Entertainment and Media Litigation Update - June 2017

Ninth Circuit: Website Moderators May Be Agents of ISPs - Why it matters: On April 7, 2017, the Ninth Circuit revived a copyright infringement case filed by a paparazzi group against social media platform LiveJournal that...more

AR Game Maker Launches First Amendment Challenge

Candy Lab AR, makers of the augmented reality poker game Texas Rope ‘Em, sued Milwaukee County, Wisconsin, over an ordinance alleged to be violating the First Amendment. The ordinance states: “Permits shall be required before...more

Intellectual Property Bulletin - Fall 2016

by Fenwick & West LLP on

Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

VR/AR in a Real World

by Kelley Drye & Warren LLP on

In case you have been living under a rock, virtual reality (VR) and its first cousin, augmented reality (AR), have arrived. The highly publicized and long-awaited head-mounted displays (HMDs), the headsets through which the...more

New California Law Will Require Online Entertainment Database Sites to Remove Age-Based Information

California’s governor has signed into law a bill aimed at discouraging discriminatory age hiring practices in the entertainment industry. The law focuses on internet websites identifying ages, but critics question whether...more

Spotify, NMPA Accused of a Concerted Effort to Taint the Class Pool

In a putative class action alleging widespread copyright infringement commenced in December 2015 against Spotify, Plaintiff, the lead singer for the bands Cracker and Camper Van Beethoven, recently moved pursuant to Federal...more

Manatt Digital Media - March 2016

In this newsletter, we take a detailed look at the world of virtual reality with an emphasis on the potential legal issues that exist in this area of media that is still in its infancy....more

Why Virtual Gold Can’t Buy Plaintiffs Happiness

by Ifrah PLLC on

A federal court has soundly rejected a plaintiff’s contention that she suffered any real-world harm based on in-game losses of virtual currency. In Mason v. Machine Zone, Inc., plaintiff Mia Mason alleged that she was a...more

"City of Chicago Expands Tax Reach to Internet Services"

On June 9, 2015, the city of Chicago released two rulings that significantly expand the city’s 9 percent gross receipt tax to charges for cloud computing and other services delivered over the Internet. The first ruling (City...more

District Court Dismisses Data Breach Class Action Against GameStop, Inc.

The US District Court for the District of Minnesota recently dismissed a data breach class action against GameStop, Inc. and Sunrise Publications, Inc. (d/b/a Game Informer) for lack of constitutional standing because the...more

Status Updates - January 2015 #5

Pupils, passwords and privacy. A law that went into effect on January1st has the parents of some Illinois school children asking themselves how much of their children’s privacy they’re willing to forgo to keep cyberbullying...more

Litigation Alert: California Superior Court Finds Use of Likeness of Former Panamanian Dictator Manuel Noriega in Video Game...

by Fenwick & West LLP on

Manuel Noriega v. Activision Blizzard, Inc., No. BC 551747 (Cal Super. Ct. filed October 27, 2014) - In recent years, federal and state courts have wrestled with how to assess right of publicity claims in the video...more

Holy Non-Infringement, Batman!

by McDermott Will & Emery on

Fortres Grand Corporation v. Warner Bros. Entertainment Inc. - The U.S Court of Appeals for the Seventh Circuit affirmed the dismissal of a trademark infringement claim, finding that a real computer software product...more

Per Second Circuit: Full Text Searchable Database Is Fair Use

by McDermott Will & Emery on

Authors Guild, Inc., et al. v. HathiTrust, et al. - The U.S. Court of Appeals for the Second Circuit, affirming a district court summary judgment ruling in favor of a consortium of authors, ruled that the unauthorized...more

Parameters of CDA Immunity Being Tested by Appeals Court in Jones v. Dirty World Entertainment

by Ifrah PLLC on

The U.S. Court of Appeals for the Sixth Circuit is currently hearing an appeal of a district court decision, which if upheld would have enormous ramifications for freedom of speech and the online service provider safe harbor...more

District Court Reaffirms that Service Provider will be Granted Immunity under Section 230 of the Communications Decency Act

by Holland & Knight LLP on

Via Section 230, the Communications Decency Act (CDA) provides broad immunity for service providers, hosts and website operators for claims stemming from their publication of information created by third parties....more

Churchill Downs Inc. (CDI) v. Texas Racing Commission (TRC)

USDC Order Dismissing Dormant Commerce Clause Challenge

by Ian Imrich on

The USDC for Western District of Texas (Austin Division) found that the Texas "in-person" gaming requirement with respect to advanced deposit wagering does not discriminate against or unduly burden interstate commerce. The...more

Evolving Case Law on the Fair Use of Famous Trademarks in Video Games

A recent spate of cases has generally upheld, on First Amendment grounds, a developer’s right to include unlicensed trademarks in video games. However, until the body of case law becomes so prevalent that trademark owners...more

Around the Virtual World: May 20-24, 2013

A weekly wrap up of interesting news about virtual worlds, virtual goods and other social media. In This Issue: - Around the Virtual World: May 20-24, 2013 - Nintendo Wants Review of Patent Claim Ruling in Wii...more

Nevada Gaming Commission NOTICE OF REQUEST FOR COMMENTS AND/OR LANGUAGE ON REGULATIONS CONCERNING INTERSTATE AGREEMENTS FOR...

by Ian Imrich on

Nevada Gaming Commission NOTICE OF REQUEST FOR COMMENTS AND/OR LANGUAGE ON REGULATIONS CONCERNING INTERSTATE AGREEMENTS FOR INTERACTIVE GAMING. --- Section 6 of Assembly Bill 114 from the 2013 Legislative Session...more

Texas Ballot Measure SJR No. 43: "The constitutional amendment to authorize online poker gaming regulated under federal law."

by Ian Imrich on

State of Texas Ballot Measure SJR No. 43: "The constitutional amendment to authorize online poker gaming regulated under federal law." [By: Sen. Leticia Van de Putte] --- A JOINT RESOLUTION proposing a constitutional...more

Casinos Go Virtual

In late February 2013 the New Jersey Legislature passed legislation allowing on-line wagering, subject to certain limitations. This legislation was signed into law by Governor Chris Christie. Under the new law, licensed...more

The Off-Reservation Internet Gaming Debate: International Masters of Gaming Law (IMGL) Discussion (03.09.2013)

by Ian Imrich on

The Off-Reservation Internet Gaming Debate: International Masters of Gaming Law (IMGL) Discussion (03.09.2013) [re-purposed extract from IMGL LinkedIn legal discussion] --- Some believe that from a US Constitutional...more

NCAA, et. al. v. Christopher J. Christie, et. al. (New Jersey Sportsbetting / PAPSA Litigation)

USDOJ MEMORANDUM IN SUPPORT OF THE CONSTITUTIONALITY OF THE PROFESSIONAL AND AMATEUR SPORTS PROTECTION ACT

by Ian Imrich on

MEMORANDUM IN SUPPORT OF THE CONSTITUTIONALITY OF THE PROFESSIONAL AND AMATEUR SPORTS PROTECTION ACT [U.S. Department of Justice, Civil Division] --- [USDOJ Memo of Points & Authorities argues that PASPA is...more

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