Business Torts Constitutional Law Intellectual Property

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Magistrate Recommends Denying Dismissal Of State Law Claims As Moot

Counter-defendants claimed that counterclaims 1(breach of contract), 4(breach of duty of loyalty), 5(tortious interference with contractual relations) and 6 misappropriation of trade secrets) are procedurally improper. The...more

Silvero v. Fox Television Studios, Inc., et al. - Los Angeles Superior Court, August 6, 2015

Frank Silvero, an actor who played the character Frankie Carbone in the film “Goodfellas” and other similar mobster characters during his career, filed suit against Fox Television alleging that the writers of the animated...more

Employer’s Action for Misappropriation of Trade Secrets Against Former In-House Counsel Who Engaged in Competitive Activities Not...

There are indeed limits to the reach of the anti-SLAPP statute, particularly in the trade secret context. In West Hills Research and Development, Inc. v. Terrence M. Wyles, a California appellate court ruled that engaging in...more

Fifth Circuit Revisits Copyright Preemption of Trade Secret Law

The United States Court of Appeals for the Fifth Circuit recently revisited the issue of the Copyright Law preemption of trade secrets claims in Spear Marketing, Inc. v. Bancorpsouth Bank. The decision not only resolved the...more

Federal Judge Permits MPHJ’s Suit Challenging Vermont’s Bad Faith Patent Demand Letter Law To Proceed

We previously discussed the Vermont attorney general’s enforcement action against MPHJ Technology Investments, LLC, a non-practicing entity that has recently been the subject of regulatory scrutiny. The attorney general’s...more

Liability for Commercial Speech: A Guide to False Advertising, Commercial Disparagement, and Related Claims

This volume summarizes related bodies of law – false advertising, commercial disparagement, and defamation – that govern the conduct of business communications. It sets forth elements, damages, and related defenses for each...more

Faked LinkedIn Profile and Twitter Hash Tags Give Rise to Trademark and False Advertising Claims

A recent opinion from the Western District of Virginia sets forth a useful framework for analyzing a variety of Lanham Act claims based on false commercial speech uttered in social media....more

(A Short History of) The Misuse of Trademarks to Control Free Expression

Paper included in the CLE materials for a panel on which I was a participant at the American Intellectual Property Law Association's annual meeting on October 24, 2013. The Panel was entitled "Trademarks, Goodwill and Free...more

Boarding School Review, LLC v. Delta Career Education Corp.

Order GRANTING Plaintiff's Motion to Dismiss Pursuant to FRCP 12(b)(6)

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Boarding School Review, LLC v. Delta Career Education Corp.

First Amended Complaint and Jury Demand

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

District of Columbia Struggling With Anti-SLAPP Law

The District of Columbia instituted an anti-SLAPP procedure back in March but the judges are having a heck of a time figuring it out. Judge Rufus G. King III of the D.C. Superior Court got it right. A local television...more

Devere Group GMBH v. Opinion Corp. et al.

Brief in Support of Motion to Dismiss for Failure to State a Claim Upon Which Relief Can be Granted (FRCP 12(b)(6))

Motion to dismiss defamation claim pleaded as a Lanham Act trademark infringement complaint in order to circumvent DMCA section 230. The court agreed, dismissing the claim in its entirety....more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - August 17, 2011

Table of Contents: •Doe v. Gangland Productions, Inc., et al. •Goldberg v. Cameron •Mattel, Inc. v. MGA Entertainment, Inc. Doe v. Gangland Productions, Inc., et al., USDC C.D. California, August 1,...more

Ascentive, LLC v. Opinion Corp.

Memorandum of Law in Opposition to Plaintiff Classic Brand's Motion to Supplement

Brief by the owners of Pissedconsumer.com in opposition to the motion by Classic Brands, LLC, whose complaint was consolidated with the complaint of Ascentive, LLC, to "supplement the record" on its pending application for a...more

Pearson Education, Inc. v. Textbook Discounters

Memorandum & Order

We filed a motion to dismiss this case filed against importers of "foreign" versions of textbooks against one of the publishers of those textbooks. The main issue involves the applicability of the First Sale Doctrine to such...more

Pearson Education, Inc. v. Textbook Discounters

Reply Memorandum of Law in Support of Motion to Dismiss

This is a reply brief on the motion to dismiss the case filed against importers of "foreign" versions of textbooks against one of the publishers of those textbooks. The main issue involves the applicability of the First Sale...more

Lenz v. Universal et al.

Defendants' Reply in Support of Motion [1] to Certify August 20, 2008 Order for Interlocutory Appeal Pursuant to 28 U.S.C. Sect....

The Electronic Frontier Foundation (EFF) filed suit against Universal Music Publishing Group (UMPG), asking a federal court to protect the fair use and free speech rights of a mother who posted a short video of her toddler...more

Lenz v. Universal et al.

Opposition to Defendants' Motion to Certify August 20, 2008 Order For Interlocutory Appeal and to Stay Pending Resolution of...

The Electronic Frontier Foundation (EFF) filed suit against Universal Music Publishing Group (UMPG), asking a federal court to protect the fair use and free speech rights of a mother who posted a short video of her toddler...more

Showing Animals Respect and Kindness v. Professional Rodeo Cowboys Association

Complaint

EFF has asked a federal court to protect the free speech rights of an animal welfare group after its video critiques of animal treatment at rodeos were removed from YouTube due to sham copyright claims. The group Showing...more

Barbara Bauer & Barbara Bauer Literary Agency, Inc. v. Jenna Glatzer, et al.

Brief in Opposition To Motion To Dismiss

On May 1, 2008, EFF and the law firm of Sheppard Mullin Richter & Hampton filed a motion to dismiss a lawsuit brought against the operator of the popular online encyclopedia Wikipedia, arguing that federal law immunizes it...more

Bauer v. Glatzer et al.

Memorandum of Law in Support of Motion of Defendant Wikimedia Foundation, Inc. To Dismiss the Complaint

On May 1, 2008, EFF and the law firm of Sheppard Mullin Richter & Hampton filed a motion to dismiss a lawsuit brought against the operator of the popular online encyclopedia Wikipedia, arguing that federal law immunizes it...more

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