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Settlers and Snitches: Sony Breaks Ranks in Hollywood Wage-Fixing Claims

I previously wrote about two wage-fixing class actions, where some of the largest high-tech and Hollywood companies conspired not to hire one another’s employees to keep wages low. Google, Apple, Intel and Adobe attempted to...more

Supreme Court Grants Certiorari in Cheerleader Apparel Copyright Case

The issue the Supreme Court has agreed to decide involves how to separate the artistic elements of a product’s design from the useful or “utilitarian” elements. That distinction matters for copyright purposes, because to...more

Brady's Benching Gives Lesson in Court Review of Arbitration Decisions

Earlier this week, Bills and Jets fans (and at least one Packer fan) rejoiced as the Second Circuit Court of Appeals reinstated the NFL’s four-game suspension of New England Patriots quarterback Tom Brady based on a finding...more

Is Social Media Sharing of Sports Clips Copyright Infringement? Recent UK Judicial Clarification and International Implications

In our annual review last year “Sports Industry 2015: A Year of Unprecedented Landmark Change”, we predicted that the battle against media piracy would be a key area for rights holders in 2016, highlighting “social media...more

Fair Use Copyright Ruling Stands For Google Books

Last month, the Supreme Court denied certiorari in Authors Guild v. Google, Inc., the long-running copyright case involving Google’s Google Books project. The high court’s refusal to hear the case leaves in place the Second...more

TVEyes on the Prize: Clarifying the Law of Copyright Fair Use

TVEyes is a media monitoring service, claiming, “to organize the world’s TV and radio broadcasts and make them universally searchable by the spoken word.” Founded in 1999, the service uses innovative “audio mining”...more

Summary Judgment Upheld In Avatar Creators’ Favor After California Appellate Court Determines That Film Is Not Substantially...

James Cameron’s 2009 box-office hit Avatar is the subject of a California idea submission lawsuit that was decided in Cameron’s favor both at the trial and appellate level, in Eric Ryder v. Lightstorm Entertainment, Inc., et...more

The Supreme Court - May 2016

The Supreme Court of the United States issued one decision on May 2, 2016: Ocasio v. United States, No. 14-361: Petitioner Samuel Ocasio, a former police officer, was tried and convicted under the Hobbs Act for...more

Give me an S-C-O-T-U-S! Supreme Court To Decide Apparel Copyright Case

Straight off the heels of a 2-1 Sixth Circuit decision protecting copyright in design elements of cheerleading uniforms, the U.S. Supreme Court today decided to consider the issue of when a useful article is protectable under...more

Is Evidence of Confusion Really Necessary to Succeed in a Trademark Infringement Case?

It is not every day that a massive international TV hit show is found to infringe a trade mark. A decision of the English High Court, approved recently by the Court of Appeal, held that the popular 20th Century Fox teenage...more

Legal Lessons from Tom Brady

The state of Massachusetts collectively groaned last week as the Second Circuit Court of Appeals reinstated quarterback Tom Brady’s four-game suspension for his role in the “Deflate-Gate” saga. A brief recap of this strange...more

Reason to Cheer – SCOTUS Suits Up to Hear Copyright Clash Over Cheerleading Uniforms

Hold onto your pom-poms, copyright fans. On May 2, 2016, the U.S. Supreme Court granted certiorari to address a question that has vexed lower courts across the land: What is the appropriate test to determine when a feature...more

In re Tam Redux Redux: Redskins Petition for Certiorari, Trying to Skip 4th Cir.

In response to the United States Patent and Trademark Office’s (“USPTO”) petition for writ of certiorari in to the U.S. Supreme Court In re Tam (“THE SLANTS” case), the owners of the Washington Redskins filed their own...more

Prince: Is His Legacy Really Untold?

As we’ve all seen in the news, musician Prince passed away on April 21, 2016 at the age of 57. According to news sources, on April 26, just five days later, one of Prince’s six siblings, his sister Tyka Nelson, filed...more

Labor and Employment News: Deflategate: Limited Ability to Appeal Arbitration Awards

Nearly all collective bargaining agreements have an arbitration clause for deciding any disputes under the agreement. Beyond the labor arena, employers have increasingly mandated arbitration as the designated forum for...more

The Ink Isn’t Dry

What rights based in copyright law does a tattoo artist have in a tattoo itself, and to what extent can an artist use those rights to restrict the rights of others, including the people whose skin has been inked?...more

Of Slants, Skins And Signs: The March To The Supreme Court

This week saw developments in the two cases challenging the application of Section 2(a) of the Lanham Act to their registration: In re Tam and Blackhorse v. Pro Football, Inc....more

The Beat Goes On: D.C. Circuit Upholds NLRB View That Orchestra Musicians Are Employees

Last week, a federal appeals court enforced a ruling by the NLRB that orchestra musicians are employees, not independent contractors. The import of the decision in Lancaster Symphony Orchestra v. NLRB is sure to reverberate...more

Tom Brady’s suspension reinstated, so what are the potential Massachusetts tax consequences?

Deflategate and the NFL’s suspension of quarterback Tom Brady for 4 games has been the NFL’s biggest news story of the past two years. On April 25, 2016, the United States Court of Appeals for the Second Circuit ruled in...more

Unvacating Arbitration Awards: Quarterbacks and Car Accidents

The Second Circuit reminded us yesterday that judicial review of arbitration awards is “among the most deferential in the law.” And when district courts are not sufficiently deferential, their decisions are likely to be...more

The Slants and the Future of Disparaging Trademarks

Trademark and copyright law are in a constant struggle with the right of free expression guaranteed under the First Amendment of the US Constitution. This is unavoidable. Copyright laws were enacted to protect authors of...more

Google Books Survives Legal Challenge - Supreme Court Declines to Address Book-Digitization Project

The U.S. Supreme Court declined to grant certiorari over a Second Circuit decision (Authors’ Guild v. Google Inc.) affirming that Google’s project of digitizing, and making available online for searching, tens of millions of...more

Pro Football Calls SCOTUS Audible

As we noted here last week, the Director of the USPTO filed a petition for writ of certiorari to the U.S. Supreme Court requesting that it review the Federal Circuit’s en banc decision, In re Tam. That decision held Section...more

Deflategate for Labor Lawyers Revisited: 2nd Circuit Reinstates Brady Suspension and Reaffirms Judicial Deference to Arbitration

The United States Court of Appeals for the Second Circuit has reinstated the four game suspension imposed by the NFL on New England Patriots quarterback Tom Brady for his role in the infamous “Deflategate” scandal. This...more

The Right of Publicity: How Much Control Do NFL Players Have Over Their Names?

How much control should athletes have over their names? Not an unlimited amount, according to one recent court ruling. Late last month, in Dryer v. National Football League, the Eighth Circuit denied an appeal by three...more

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