Civil Procedure Art, Entertainment & Sports

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Ninth Circuit En Banc Reverses Injunction Against YouTube Display of “Innocence of Muslims”

In Garcia v. Google, No. 12-57302 (9th Cir. May 18, 2015), the en banc Ninth Circuit reversed a prior panel decision and held that an actress was not entitled to a preliminary injunction removing all copies of a film from...more

Locke Lord QuickStudy: Ninth Circuit Reverses Takedown of Controversial Trailer from YouTube

After an en banc review, the Ninth Circuit reversed a preliminary injunction against YouTube requiring the takedown of the controversial trailer of the film “Innocence of Muslims.” The preliminary injunction was granted by a...more

Garcia v. Google: Ninth Circuit En Banc Denies Actor’s Copyright Claim In Her Performance

This blog previously discussed the Ninth Circuit Court of Appeals opinion in Garcia v. Google, Inc., (9th Cir. 2014) 766 F.3d 929, reversing a decision of the district court. On Monday, the Ninth Circuit, en banc, in Garcia...more

I Didn’t Say That – The Ability of Actors to Control Their Performances Under Canadian Copyright Law

When the United States Ninth Circuit Court of Appeals issued its 2014 opinion in Garcia v Google, its tentative conclusion that actors might enjoy copyright protection in their on-screen performances was met with vociferous...more

BMI Wins Summary Judgment of Copyright Infringement After Restaurant Owner Fails to Respond to Requests for Admission

Plaintiff Broadcast Music, Inc. (“BMI”), a music rights management organization that offers licenses to a massive catalogue of popular songs on behalf of copyright owners, brought suit for copyright infringement against the...more

Full Ninth Circuit Nixes Controversial Copyright Decision

On Monday, May 18, 2015, the Ninth Circuit, sitting en banc, overturned a highly-controversial opinion in Garcia v. Google, Inc., in which a three-judge panel of the Ninth Circuit reversed the trial court and held that an...more

Yankees Win Big Trademark Battle at the USPTO

On May 8, 2015, the Trademark Trial and Appeal Board (“TTAB”) upheld an opposition instituted by the New York Yankees to block several trademarks from becoming registered. New York Yankees Partnership v. IET Products and...more

Let It Go… To Trial: Disney Frozen Out of Summary Judgment In Copyright Infringment Case

Elsa and Anna are going to trial. Well, Olaf and Sven are headed there, at any rate. The sanguine snowman and his reindeer buddy were featured in a trailer for the Disney hit Frozen that is now the subject of a lawsuit...more

Ralph Lauren Loses Its Latest Polo Match in the Second Circuit

The Second Circuit recently vacated a contempt order entered against the U.S. Polo Association for selling sunglasses with its logo depicting two mounted polo players vying for a ball. The Second Circuit found that the...more

District Court Dismisses Securities Class Action Against Electronic Arts

The US District Court for the Northern District of California recently dismissed with prejudice a securities fraud class action against Electronic Arts, Inc. (EA) and its officers, holding that the plaintiffs’ amended...more

The Juice Runs Out for Yankee Parody Trademarks

A good general business practice is to apply to register trademarks early. You’ll find out if there is an issue. You’ll have time to change rather than having to take everything off the shelf under the threat of a lawsuit....more

USA: Lawsuit against Manny Pacquiao

Lawsuits have been filed against Manny Pacquiao, his manager (Michael Koncz) and his promoter (Top Rank Inc.), alleging amongst other things, fraud and perjury. The lawsuits seek damages for the alleged concealment of...more

Australia: WADA Appeals Essendon Anti-Doping case

The World Anti-Doping Authority (WADA) has released a statement announcing their decision to appeal the Australian Football League (AFL) Anti-Doping Tribunal’s decision to clear 34 past and present AFL players for alleged...more

The House That Juice Built: TTAB Denies Registration To Parodies

On May 8, 2015, the Trademark Trial and Appeal Board (the “Board”) issued a resounding blow to trademark applicants who seek to register others’ trademarks as parodies. In New York Yankees Partnership v. IET Products and...more

Rolling With the Punches: The Fight Over Livestreaming

Boxing fans eagerly awaited the May 2, 2015, championship match between boxers Floyd Mayweather, Jr. and Manny Pacquiao. But the fight also drew the interest of those following online video apps Meerkat and Periscope....more

Ninth Circuit Draws Fine Line Around Fine Art Resale Royalties

In a partial victory for artists such as Chuck Close and the Sam Francis Foundation—and for other visual artists who sold early works for rent money before establishing their name and value—the Ninth Circuit Court of Appeals...more

Wealth Management Update - May 2015

May Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The May § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs...more

The “Fight Of The Century” In Its 13th Round

It’s not uncommon to see sports fans get emotional at a game, match, race, or fight. They feel invested in their team, invested in their athlete. For the sports bettors out there, that investment may be literal, but for most...more

Live Streaming Apps Raise New/Old Copyright Concerns

Periscope (owned by Twitter) and Meerkat are two new “live streaming” apps which allow users to live stream videos from their phones. These applications could potentially change the way live sporting or music events are...more

Second Circuit Affirms Victory for Pandora On Music Streaming Rights

On May 6, 2015, in Pandora Media, Inc. v. American Society of Composers, Authors, and Publishers, the Second Circuit held that composers and music publishers cannot partially withdraw from the American Society of Composers,...more

Mayimba Music, Inc. v. Sony Corporation of America - USDC, S.D.N.Y., April 30, 2015

District court suspends previous finding that pop star Shakira's song “Loca” infringed Dominican songwriter’s copyright, in light of newly discovered evidence that plaintiff fabricated evidence and committed perjury....more

Wisconsin Indian Tribe Prevails – State Cannot Ban Electronic Poker on Reservation

The U.S. Court of Appeals for the Seventh Circuit has overturned a federal district court ruling that had permitted the State of Wisconsin to prohibit the Ho Chunk tribe from offering electronic poker on its reservation...more

Performance Rights, Digital Music Services and The Turtles

Intro - In 2013, Flo & Eddie of the 1960s rock band The Turtles filed separate lawsuits in California, Florida and New York, aiming to use state laws to obtain royalties from digital music service providers like...more

Ninth Circuit Reverses Order Striking Class Allegations in Microsoft Xbox Case

The Ninth Circuit reversed an order striking class allegations against Microsoft reasoning that the Washington district court misapplied its precedent and thereby abused its discretion. Plaintiffs alleged that a design defect...more

When Does an Email Form a Legally-Binding Agreement? Ask the Canucks.

A recent decision from the British Columbia Court of Appeal provides an important reminder when communicating by email regarding the negotiation of the terms of an agreement: Just because you haven’t signed a contract,...more

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