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Bernstein Shur Business and Commercial Litigation Newslette #31

We are pleased to present the 31st edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight cases and news addressing the inclusion of binding forum selection clauses in corporate...more

NCAA’s Request to Delay O’Bannon Lawsuit Causes More Complex Litigation

NCAA’s Request to Delay O’Bannon Lawsuit Causes More Complex Litigation by Anthony Caruso on August 30, 2013 The National Collegiate Athletic Association has petitioned a federal court to delay the Ed O'Bannon lawsuit...more

SST Records, Inc. (Ginn) v. Henry Rollins [Black Flag trademark case]

Complaint for Trademark Infringement and related claims

See, Black Flag's Greg Ginn Loses Injunction Against Keith Morris' FLAG Meanwhile, court determines that Henry Rollins never quit the band. ...more

What is a domain name? Is it the same as a company name? [Video]

Maria Crimi Speth, an Intellectual Property and Internet Law attorney at Phoenix Arizona business law firm Jaburg & Wilk, P.C. discusses domain names. She describes what a domain name is and talks about how it relates to...more

US v. Pokerstars, et. al. (Absolute Poker)

STIPULATION AND ORDER OF SETTLEMENT WITH RESPECT TO ABSOLUTE POKER

STIPULATION AND ORDER OF SETTLEMENT WITH RESPECT TO ABSOLUTE POKER: IT IS HEREBY STIPULATED, ORDERED AND AGREED, by and between Plaintiff United States of America, by its attorney Preet Bharara, United States Attorney,...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- June 20, 2013

EMI Entertainment World, Inc. v. Karen Records, Inc., U.S.D.C., New York, June 10, 2013 - District court vacates $100,000 judgment for copyright infringement, finding that parent company did not have standing to bring...more

Your Band is Your Business

Often overlooked with the emerging entrepreneurial spirit amongst musicians, are the mundane (but necessary) legal matters associated with managing their own career. Remember, your band is your business. Treating it like your...more

Your Band is Your Business

Often overlooked with the emerging entrepreneurial spirit amongst musicians, are the mundane (but necessary) legal matters associated with managing their own career. Remember, your band is your business. Treating it like...more

New Jersey Division of Gaming Enforcement Announces Temporary Adoption of Regulations for Fantasy Sports Tournaments in Atlantic...

The New Jersey DGE regulations on fantasy sports games (N.J.A.C. 13:69 P ) can be found at: http://www.nj.gov/oag/ge/temporaryorders.html ...more

CA SB 678 (Correa) Authorization and Regulation of Internet Poker and Consumer Protection Act of 2013

An act to add Chapter 5.2 (commencing with Section 19990) to Division 8 of the Business and Professions Code, relating to gambling. Legislative Counsel’s Digest: Senate Bill No. 678, as introduced, Correa, February 22,...more

Think About Copyright Registration for That New Website Before You Even Hire the Web Developer

Many businesses fail to recognize that their original website content is valuable intellectual property and fail to take steps to adequately protect that content from being stolen or misused by a competitor. With little cost...more

Trademark Essentials

Trademark Essentials, Registration, TEAS, Trademark infringement, incontestability....more

Fair Use Defense for Copyright Copying

Ever wonder how someone is able to copy or use copyright content without permission? The article discusses the Fair Use defense while serving the public interest. ...more

Warning! Co-Creation Hazard Ahead

Brainstorming and collaborating frequently produces superior work. For that reason, it is not surprising that many creative works, in the art and literature world, as well as in the business world, are the result of...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - June 16, 2011

Table of Contents •Smith v. Summit Entertainment LLC •Armstrong v. NBC Universal, Inc. Smith v. Summit Entertainment LLC, USDC ND Ohio, June 6, 2011 •District Court refuses to dismiss copyright owner’s claims for (1)...more

Commercialisation d'un fonds d'archives audiovisuelles : quelles données juridiques produire ?

Cet article porte sur une stratégie d'utilisation des méthodes d'indexation du flux audiovisuel dans le but de faciliter l'exploitation des droits d'une collection de documents numériques. Il s'agit de...more

INGENUITY 13 LLC v. John Doe

ORDER ISSUING SANCTIONS (against Porn-Trolling legal collectives)

“The needs of the many outweigh the needs of the few.” —Spock, Star Trek II: The Wrath of Khan (1982). The legal behavior in the porno-trolling collective was controlled by several attorneys, under whom other individuals...more

Watercraft, Playboy, and the 9th Circuit's view of Google Adwords

The 9th Circuit has taken a another look at trademark law in the Internet era and determined that the use of a competitor’s name in Google’s Adwords does not constitute trademark infringement....more

Start Your Music Group With a Pre-Incorporation Agreement

A musical group should start with drawing up documents to form a corporation, limited liability company, or other organization to limit personal liability and use tax advantages not available to individuals and partnerships....more

Work For Hire. Intellectual Property Contract.

Work for Hire Agreement, Intellectual Property Contract, Intellectual Property Agreement, Hire Agreement, Content Creation protection, Asset Protection Agreement,...more

Protecting An Artist's Legacy Through Estate Planing, Probate and Post-Death Administratin Part 2

Part 2 of 2: In the US alone, thousands of copyright creators and/or copyright owners die each year. How many of these folks create a comprehensive estate plan, or even a basic will or simple trust? The goal of estate...more

Protecting An Artist's Legacy Through Estate Planing, Probate and Post-Death Administratin Part 1

Part 1 of 2: In the US alone, thousands of copyright creators and/or copyright owners die each year. How many of these folks create a comprehensive estate plan, or even a basic will or simple trust? The goal of estate...more

How to Form a LLC in Arizona

How to Form a LLC in Arizona For many self-employed Arizonans, forming an LLC is the best choice for their business. Likewise for many sole proprietorships, partnerships, and other small businesses. LLCs—limited liability...more

Virtual Online Poker Cardrooms: Gambling Under US Federal Law?

Peer to peer iPoker as conducted on the worldwide internet has received much attention given the ever-increasing popularity of the game across the globe. Questions over the legality of such virtual online poker cardrooms...more

How to Enforce Online Website Agreements

The number one concern I have observed with our clients’ online terms and agreements is NOT with the substantive drafting of the provisions, but with the way these contracts (and yes, they are binding contracts) are...more

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