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Art, Entertainment & Sports Updates

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

U.S. Supreme Court Set to Address Sports Betting

On June 27, 2017, the United States Supreme Court agreed to hear a challenge to a law that prohibits individual states from permitting gambling based on professional or amateur sports....more

U.S. Supreme Court Invalidates Statute Outlawing Disparaging Trademarks

by Akin Gump - Excubitor on

On June 19, the U.S. Supreme Court held in Matal v. Tam that a statute banning registration of disparaging trademarks violates the First Amendment to the U.S. Constitution. The Supreme Court’s invalidating the statute should...more

The Supreme Court - June 27, 2017

by Dorsey & Whitney LLP on

Cyan, Inc. v. Beaver Cty. Employees, No. 15-1439: Whether state courts lack subject matter jurisdiction over covered class actions that allege only Securities Act of 1933 claims....more

Intellectual Property and Technology News (Asia Pacific) June 2017

by DLA Piper on

Welcome to the latest Asia Pacific Edition of the Intellectual Property and Technology News, our biannual publication designed to report on worldwide developments in intellectual property and technology law, offering...more

U.S. Supreme Court Holds Trademark Registrations Are Free to Disparage

by Dickinson Wright on

Justice Alito’s summary opinion announced in Court Monday morning, in what has come to be known as the Slants case (Matel v. Tam, 582 U.S. ___ (June 19, 2017), was short and sweet but the trademark applications we can expect...more

Battle of the Bands and the Clothiers

The famous Coachella Music Festival is held every April in Indio, California. This year Beyoncé, Radiohead, Lorde and several DJs (including DJ Snyder, DJ Kahleel, DJ Shadow) performed....more

Supreme Court Rules On Disparaging Trademarks

by Revision Legal on

For decades, the USPTO has denied registration to trademarks that are disparaging and offensive to specific racial or ethnic groups under the disparagement clause of the Lanham Act. The United States Supreme Court recently...more

Absent Commercial Use, Copyright Law Likely Preempts Right of Publicity Claims

by McDermott Will & Emery on

In a right of publicity case, the US Court of Appeals for the Ninth Circuit upheld a district court decision granting a motion to strike under California’s anti-SLAPP statute on the basis of copyright preemption. Maloney v....more

Who Wore It Best? Virtually Identical Fabric Design Supports Inference of Copying

by McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed that it is permissible to infer copying, even absent evidence of access, where the accused design and the copyright are so overwhelmingly identical that the possibility...more

Time to Zoom In on Application of DMCA Safe Harbor Defense

by McDermott Will & Emery on

In reversing a district court grant of summary judgment in favor of a social media platform, the US Court of Appeals for the Ninth Circuit ordered a deeper look at the degree to which the common law of agency affects a safe...more

If You Have Nothing Nice to Say, Say ®

On June 19, the Supreme Court struck down as unconstitutional a provision of the Lanham Act prohibiting federal registration of disparaging trademarks. The Court’s ruling in Matal v. Tam, 582 U.S. ___, No. 15-1298 (June 19,...more

Supreme Court: First Amendment Protects “Disparaging” Trademarks

Since its enactment as the basic federal law on trademarks in 1946, the Lanham Act has prohibited the registration of “derogatory” trademarks with the United States Patent and Trademark Office (USPTO). On June 19, 2017, the...more

Brands that Bite - The Supreme Court unanimously rules that the First Amendment forbids the Trademark Office from refusing to...

By striking down the “disparagement clause,” a 70-year-old provision of federal trademark law, the Supreme Court’s ruling this week in Matal v. Tam has the potential to change the ways in which people conceive, market,...more

An Implied Contract Can Turn You “Inside Out” — Remember the Non-Confidential Disclosure Agreement

Denise Daniels has sued the Walt Disney Company in the Central District of California for breach of an implied-in-fact contract to compensate her for using her ideas in the movie Inside Out. Daniels alleges that she relied...more

Herzog Heirs Win Again in Appeals Court on Jurisdiction Over Hungarian Museums

by Sullivan & Worcester on

A federal appeals court has upheld the growing consensus that the Foreign Sovereign Immunities Act (FSIA) confers jurisdiction over foreign state actors in possession of art allegedly looted by and/or overseen by the Nazis....more

Recent Closures Of Small To Midsize Galleries Represent A Widening Gap Between Small Galleries And Large Ones

by Fox Rothschild LLP on

In recent art news, the gap between small galleries and large galleries is widening at a steady pace as a number of small to midsize art galleries have closed their doors since 2012 to present and the numbers are remarkable. ...more

Supreme Court Holds Statute Banning Registration of Disparaging Marks Violates the First Amendment

by Brinks Gilson & Lione on

This past Monday, June 19, the Supreme Court unanimously ruled that Section 2(a) of the Lanham Act, 15 U.S.C. § 1052(a), is unconstitutional under the First Amendment. Matal v. Tam, No. 15-1293, 582 U.S. ___ (2017). Section...more

Tesla’s CEO makes personal pledge for employee safety

by FordHarrison on

Tesla, an electric-automobile manufacturer, made headlines last month after Worksafe, a California-based worker advocacy group, released a report in May indicating that the injury rates at Tesla’s Fremont manufacturing...more

Of Slants, Skins, And Signs: Section 2(a) Prohibition of Disparaging Trademark Registrations Struck Down!

Well, that happened! According to the Supreme Court’s opinion in Matal v. Tam, Section 2(a) of the Lanham Act, which purports to prohibit the registration of marks that “disparage . . . persons,” is unconstitutional. ...more

One Way Out: California District Court Finds Insurer Had Right to Pay Limits Despite Possible Defense

by Carlton Fields on

In Film Allman, LLC v. New York Marine and General Insurance Company, Inc., 2:14-cv-7069-ODW, (C.D. Cal. May 23, 2017), a California district court granted summary judgment in favor of an insurer of a production company. The...more

Disparaging, Degrading, Derogatory Trademarks: They're Now Enforceable Says Supreme Court

by Lewitt Hackman on

You may remember that several national sports franchises are under fire for trademarks and branding that is seen to be racially disparaging. The Washington Redskins are the first team to come to mind, and it wasn’t too long...more

New German Anti-Money Laundering Act - impact on gambling operators

by DLA Piper on

On 26 June 2017 a new Anti-Money Laundering Act (AML Act or “Geldwäschegesetz” = GwG) entered into force in Germany. The new AML Act transposes the 4th AML Directive into German law. It has severe impacts on gambling...more

De Sole et al. v. Knoedler Gallery, LLC et al.: #FAKES

In the past, when one thought of “art” and “risk,” World War II–era looting and restitution often came to mind. While these issues are certainly still prominent, the importance of due diligence and risk management have...more

KISS That Trademark Application Goodbye

by Dorsey & Whitney LLP on

We recently provided some commentary on Gene Simmons and his application to register the “devil horns” rock and roll hand symbol. Well, you can now KISS that application goodbye, as Mr. Simmons has expressly abandoned his...more

Supreme Court Rules “Disparagement Clause” of the Lanham Act Unconstitutional

On June 19, 2017, the Supreme Court ruled that the 70-year-old federal ban on offensive trademarks is unconstitutional. The “disparagement clause” of the Lanham Act prohibits registration of trademarks “which may disparage...more

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