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
Registration Cancelled Where Services Related to Mark Not Provided -
Playdom, Inc. filed a petition to cancel Couture’s mark, arguing that the registration was void because Couture did not use the mark in commerce as of...more
Will Johnny Be Good, or Will Name Games Go up in Flames?
Johnny Gaudreau, left wing for the Calgary Flames, is attempting to high-stick potential interlopers by locking up rights to his now-popularized nickname – Johnny...more
The film that wins the Best Picture Oscar this year is certain to attract more viewers and more box office receipts than it had before receiving the award. But Best Picture winners also tend to attract more lawsuits,...more
On 22 January 2014 the Court of Appeal upheld the High Court decision in a claim for passing off brought by global superstar Rihanna against Topshop.
The dispute centered on a t-shirt which was sold by Topshop in its...more
On January 6, 2015, the Ninth Circuit decided that Electronic Arts Inc.’s (“EA”) unauthorized use of former NFL players’ likeness as avatars in the Madden NFL video game series does not qualify for First Amendment protection....more
In general, a right of publicity is a right to control use of your name, likeness, and other aspects of your identity. Right of publicity laws normally give an individual the exclusive right to license the use of their...more
U.S. courts have recognized that “there is no judicial consensus on how to resolve conflicts between intellectual-property rights and free-speech rights.” Indeed, courts have adopted varying approaches to analyzing right of...more
According to music icon Don Henley, intellectual property rights are not a joking matter....more
On September 11, 2014, the Ninth Circuit heard oral argument on the appeal in Davis v. Electronic Arts (Case No. 12-15737), a class action lawsuit brought by three former NFL Players against Electronic Arts (“EA”), the...more
Traditionally, media companies (as well as non-media companies) almost exclusively utilized their own content. However, because of the exponential growth in the public’s desire and ability to interconnect through social media...more
Dryer v. National Football League - USDC, D. Minn., October 10, 2014:
District court grants summary judgment in favor of NFL and against former professional football players who claimed that NFL’s use of video footage...more
ABC v. Aereo: Supreme Court Holds that Aereo’s System of Streaming Television Broadcasts via the Internet Infringes Copyrights in Programs Broadcast. On June 25, 2014, the Supreme Court issued its opinion in the...more
Over the past several years, I have written about a series of decisions in suits brought by former collegiate athletes against EA Sports and the NCAA, seeking compensation for the use of their likenesses and those of...more
It is common to see celebrities, which have captivated the public for decades, photographed using a company product or wearing a branded garment. Using such photos for promoting a company’s brand can be problematic especially...more
On May 12, 2014, the National Collegiate Athletics Association (NCAA) lost its motion for leave to file a motion for reconsideration of a prior ruling, which barred the NCAA from arguing at trial that not paying...more
Earlier this month, Katherine Heigl sued Duane Reade for $6,000,000 for tweeting a paparazzi photo of her leaving a Duane Reade drugstore, together with the caption “Love a quick #DuaneReade run? Even KatieHeigle can’t resist...more
My second favorite golf major, The Masters, starts tomorrow in Augusta, Georgia. And as much as I dislike its history of racism, misogyny, and banning an announcer because he used the terms “bikini-waxed” and “body bags”...more
Can a video game company use an athlete’s likeness in a game without his or her permission? The answer is maybe.
The Ninth Circuit recently rejected Jim Brown’s Lanham Act Section 43 claim against Electronic Arts, Inc....more
Have you always wanted to own “The One Ring to Rule Them All” of Lord of the Rings fame? Do you dream of an engagement ring just like Kate Middleton’s? Your dreams can come true with a visit to Emitations.com, a website...more
Facebook, Twitter, Pinterest, Instagram…the list of social media tools for the promotion of your fashion brand is ever increasing. While social media is an effective and immediate way to reach your customers, there are some...more
Moore v. Lightstorm Entertainment, USDC, D. Maryland, January 17, 2014 -
District court grants summary judgment dismissing screenwriter’s copyright infringement claims against producers of motion picture Avatar,...more
California gives you the right to profit from your own identity. But what if you assume somebody else’s?
Rick Ross is famous for rapping about cocaine. Ricky D. Ross is famous for selling it. Ross (the cocaine...more
On September 24, 2013, Electronic Arts, Inc. (“EA”) reached a $40 million dollar settlement of lawsuits over the use of college athletes’ likenesses in EA’s popular college football video game series NCAA Football. EA also...more
Lewis v. Activision Blizzard, USDC, N.D. Cal, October 17, 2013 -
District court grants summary judgment against former employee “game master” of defendant videogame company, finding that sound recordings of employee...more
Capitol Records, LLC v. Vimeo, LLC, USDC, S.D.N.Y., September 18, 2013 -
District court grants in part and denies in part video-sharing website’s summary judgment motion for safe harbor protection under the DMCA for...more
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