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Petrella v. Metro-Goldwyn-Mayer, Inc. - USCA Ninth Circuit, August 22, 2014

Petrella v. Metro-Goldwyn-Mayer, Inc. - USCA Ninth Circuit, August 22, 2014: On remand from the U.S. Supreme Court, which held that doctrine of laches could not bar plaintiff's copyright infringement claims involving...more

NCAA Settles Concussion Class Action Lawsuit

On July 29, 2014, the NCAA and representatives of college athletes announced an agreement to settle a concussion class action lawsuit that came on the heels of a similar lawsuit against the NFL. The settlement will need to...more

Washington Redskins Challenge the Constitutionality of Section 2(a) of the Lanham Act

The Washington Redskins trademark controversy is far from over. Despite the fact that certain news and sports commentators and mainstream newspapers and organizations have announced that they will no longer use the term...more

Copyright and performance rights in an online video world

We can chalk up another Internet-prompted intellectual property frontier: performance rights. People have been performing for one another for centuries. But suddenly courts are grappling with performance copyright claims,...more

NCAA to Appeal O’Bannon Decision

Last Thursday, the NCAA announced that it had filed a notice of appeal of Judge Claudia Wilken’s August 8, 2014 decision in O’Bannon v. National Collegiate Athletic Association et al. The appeal was widely anticipated as the...more

No UK corporation tax deduction for penalty imposed under the code of the Fédération Internationale de l'Automobile ("FIA")

In an appeal by HMRC against a decision of the First-tier Tribunal ("FTT"), the Upper Tribunal (Tax and Chancery Chamber) ("UT") decided that a penalty imposed on McLaren Racing Limited ("McLaren") in respect of a breach of...more

FIFA rejects FC Barcelona appeal against transfer ban

On April 2014 the FIFA Disciplinary Committee sanctioned FC Barcelona for reported breaches about the signing of under-age players with a year-long transfer ban and significant fines....more

Capitol Records, LLC v. Pandora Media, Inc.: Future of Digital Music May Depend on State Copyright Protection of Pre-1972 Sound...

Pandora Media, Inc., (“Pandora”), with over 250 million registered users and over 70% of the market share of Internet radio, is known as a leader in the digital music industry. In 2013 alone, Pandora streamed 16.7 billion...more

Philadelphia Entertainment and Development Partners LP Wins Chapter 11 Plan Approval

U.S. Bankruptcy Judge Madeline Coleman approved a modified Chapter 11 Bankruptcy Plan for Philadelphia Entertainment and Development Partners, L.P (“Philadelphia Entertainment”) on Monday, July 28, 2014. ...more

Supreme Court Decision Threatens Internet Television, But There Is Hope

When Congress last completely overhauled the Copyright Act in 1976, disco topped the charts, Charlie’s Angels was making its television debut, and fax machines were revolutionizing how people communicated. But it was this...more

Cheeky Monkey: Wikipedia claims copyright comes down to the press of a button

In my childhood, come summer, the UK Parliament would go into recess, and because that seemed to signal the end of lots of newsworthy items—political scandals, Government and opposition taunting each other, etc.—the period...more

Fortres Grand Corp. v. Warner Bros. Entertainment Inc.

Fortres Grand Corp. v. Warner Bros. Entertainment Inc. - USCA, Seventh Circuit, August 14, 2014 - Seventh Circuit affirms district court’s dismissal of software company’s reverse-confusion trademark suit, where...more

Agence France Presse v. Morel

Agence France Presse v. Morel - USDC, S.D. New York, August 13, 2014 - District court upholds jury’s award of maximum statutory copyright damages of $1.2 million, plus $20,000 in DMCA damages, finding sufficient...more

District Court Denies Summary Judgment in Broadcast Rights Class Action

On Friday, August 8, 2014, the Southern District of New York denied motions for summary judgment filed by the National Hockey League, Major League Baseball, Comcast Corp. and DirecTV LLC in suits alleging that these...more

Funkadelic Master Sound Recordings Can Be Involuntarily Transferred to a Court-Appointed Receiver to Satisfy Judgment

Hendricks & Lewis PLLC v. Clinton - Addressing the issue of whether a lower court abused its discretion by appointing a receiver and authorizing the sale of master sound recordings to satisfy monetary judgments, the...more

Per Second Circuit: Full Text Searchable Database Is Fair Use

Authors Guild, Inc., et al. v. HathiTrust, et al. - The U.S. Court of Appeals for the Second Circuit, affirming a district court summary judgment ruling in favor of a consortium of authors, ruled that the unauthorized...more

Stop the Music (or Be Vicariously Liable)

Broadcast Music, Inc., et al v. Meadowlake, Ltd. - The U.S. Court of Appeals for the Sixth Circuit found a restaurant owner personally liable where the restaurant played recorded and live music without authorization,...more

The Aereo Crashed: Cheap Internet TV Thwarted

American Broadcasting Cos., Inc. v. Aereo, Inc. - The Supreme Court of the United States has now determined that internet streaming services directly infringe the copyrights of several television networks. American...more

Redskins Appeal TTAB Ruling

On Thursday, August 14, 2014, the Washington Redskins filed a much-anticipated appeal in the U.S. District Court for the Eastern District of Virginia of a June Trademark Trial and Appeal Board decision which resulted in...more

Legal World Goes Bananas Over Monkey Selfie Copyright Dispute

Looks like some copyright monkey business is afoot! Wikipedia, the collaborative free online encyclopedia, and David Slater, a British photographer, are currently in a copyright dispute over a photograph taken by a primate....more

Klinger v. Conan Doyle Estate, Ltd. - USCA, Seventh Circuit, August 4, 2014

Klinger v. Conan Doyle Estate, Ltd. - USCA, Seventh Circuit, August 4, 2014: Seventh Circuit grants plaintiff’s motion for attorneys’ fees incurred on appeal under Copyright Act, finding that plaintiff would have...more

Monkey in the Middle of Selfie Copyright Dispute

The “selfie” is now so ubiquitous that the word is in the Oxford English Dictionary, you can use it in Scrabble and it has spawned a whole new lexicon. Selfies are no longer the preserve of teens and reality stars; you now...more

A “Giant” Decision: Trademark Trial and Appeal Board Denies Registration of “G-Men” to the New York Giants

It’s not just the Redskins anymore! Following the cancellation of the Redskins trademark earlier this summer, the Trademark Trial and Appeal Board has issued another football related decision regarding the New York Giants’...more

Redskins Ruling is Consistent with TTAB Precedent

In Blackhorse v. Pro-Football Inc., the U.S. Patent and Trademark Office once again canceled various registrations for trademarks used by the Washington Redskins football team as being disparaging to Native Americans. While...more

Judge Posner, I Presume

Over the past several months, Judge Posner and the Seventh Circuit has handed a couple of rare, but well-deserved wins to the public domain. On June 16, 2014, the Court issued an opinion holding that the primary characters...more

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