Civil Procedure Art, Entertainment & Sports

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No Love For Proposed Consumer Class Settlements

Two consumer class actions recently hit a roadblock when courts denied final approval for class settlements. In In re Target Consumer Data Security Breach, the U.S. District Court for the District of Minnesota preliminarily...more

Three Point Shot - February 2017

Ski Manufacturer Chills Bode Miller's Comeback - World champion skier and six-time Olympic medalist Samuel "Bode" Miller had his eye on coming out of retirement for the 2016-17 season before a contract dispute with his...more

The Apple May Not Fall Far from the Fashion Industry

In 2011, Apple sued Samsung alleging among other things that various portions of Samsung smartphone products infringed claims of certain design patents owned by Apple (Apple Inc. v. Samsung Electronics Co., Ltd.). In 2012,...more

Paul McCartney chants 'Get Back' again – The Future of Copyright Termination

The US Copyright Act of 1976 allows artists, writers, and musicians to “get back” grants of copyrights that had been previously licensed or assigned away. Specifically, artists can “terminate” their copyright arrangements...more

The Supreme Court Tackles Disparaging Trademarks

From my title, you may think I am referring to the battle over the REDSKINS trademark. However, the In re Tam case beat the REDSKINS team to the high court. The case involving the REDSKINS mark is currently on hold until...more

New York Fashion Week: A Lineup of The Most Fashionable Trademark and Copyright Claims

It’s that time of the year again when New York City becomes the most fashionable place on the planet. While I would argue that Manhattan is always fashionable, New York Fashion Week adds a bit of extra excitement, glamour and...more

The Supreme Court’s Fashionable Case: Implications for Expanding Copyright Protection to Apparel

Currently before the United States Supreme Court is the question: “[w]hat is the appropriate test to determine when a feature of the design of a useful article is protectable under § 101 of the Copyright Act.”1 Put another...more

Are You Ready for Some Football? A Pocket Playbook for HR Managers Navigating Competitive Recruiting

Just five days before Super Bowl LI, the intersecting crosshairs of antitrust and employment law class actions zeroed in on its latest target: the National Football League. On January 31, 2017, a former cheerleader for the...more

Facial Scan Case Dismissed Under Illinois Biometrics Law

The developers of two NBA video games were successful this week in getting a putative class action alleging violations of the Illinois Biometrics law dismissed....more

Biometric Privacy Claims over Facial Recognition Feature in Videogame Dismissed for Lack of Concrete Harm

For the second time in the past six months, a district court has dismissed a lawsuit alleging procedural and technical violations of the Illinois biometric privacy statute for lack of Article III standing. In Vigil v....more

Let the Games Begin

Many of you interested in the video game and media industry have undoubtedly heard that Oculus recently lost a jury trial to Zenimax which resulted in a $500 million jury verdict. However, what many (or at least some) of you...more

The Yellow Pages Live On

Calling the district court’s action an “abuse of discretion,” the 11th Circuit reversed a decision that cut by more than 90 percent a successful copyright infringement plaintiff’s request for attorney’s fees and costs. Yellow...more

SCOTUS Won’t Slime Viacom in Class Action Challenging Tracking Children Online

A class action alleging Viacom illegally obtained and disclosed personally identifiable information from children under the age of thirteen through the Nickelodeon website recently reached the end of line (almost) when the...more

Sue-per Bowl Shuffle III: The Year In NFL-Related Intellectual Property Litigation

Two years ago, I started worrying about what would happen if someone at a Super Bowl party asked me to explain an NFL-related lawsuit, particularly one of those intellectual property lawsuits that sports fans assume IP...more

Indianapolis Colts Want Class Action on Recording Conversations Moved to Home Stadium

The Indianapolis Colts mobile app is alleged by a putative class to record fans’ private conversations. In the putative class action, the named plaintiff alleges that the mobile app secretly activates the smart phone’s...more

Paul McCartney Sues Sony/ATV to Reclaim Copyrights to Beatles Songs

Sir Paul McCartney has filed suit against Sony/ATV Music Publishing in New York Federal Court, seeking a declaration that he can exercise his termination rights under the Copyright Act of 1976 in order to reclaim the rights...more

Three States Introduce Bills to Legalize Sports Betting While SCOTUS Decides Whether to Hear Suit Challenging Existing Federal Ban

As the Supreme Court weighs whether to hear a New Jersey challenge to the Professional and Amateur Sports Protection Act (“PAPSA”) – a 1992 federal law that banned sports wagering in all states where it was not already in...more

Place Your Bets: Will the Trump Administration Support New Jersey’s Push to Expand Sports Gambling?

New Jersey’s years-long battle to allow sports gambling received a significant boost from the U.S. Supreme Court last week, which issued an order inviting the Solicitor General to file a brief in the case (known to Court...more

Congress Amends FSIA to Protect Art and Cultural Exchanges

Introduction - On December 16, 2016, President Obama signed into law the Foreign Cultural Exchange Jurisdictional Immunity Clarification Act (FCEJICA). The bill, which extends sovereign immunity to foreign states that...more

Federal Court Issues Permanent Injunction and Permanently Shuts Down Santa Ysabel’s Desert Rose Bingo

On December 12, 2016, Judge Battaglia of the United States District Court for the Southern District of California issued the Court’s long-awaited ruling on the State of California and Federal Government’s motions for summary...more

Boldly Going Where no Fanfic has Gone Before

Fanfiction refers to the art of creating fiction using another author’s characters or universe. I was first introduced to the concept in high school, when a friend began writing Harry Potter fanfiction. (Side note: this is...more

Does Louis Vuitton Lack A Sense Of Humor? The Parody Defense Is No Laughing Matter For Brand Owners

On December 22, 2016, the Second Circuit gave tote bag manufacturer My Other Bag an early Christmas present by tossing out luxury giant Louis Vuitton’s claims of trademark infringement, copyright infringement, and trademark...more

Charles Dickens And Copyright Law: Five Things You Should Know

One hundred and seventy five years ago, on January 22, 1842, Charles Dickens first set foot in America, specifically in Boston, after a twenty day steamship voyage from Liverpool. Dickens, only a few days shy of his thirtieth...more

Canadian IP law and practice in 2016: reviewing the highlights

As the calendar turns the page from 2016 to 2017, we take the opportunity to review Canadian IP law and practice highlights from the past year....more

Game Over for NCAA Student Athletes Seeking Employee Status? 7th Circuit Affirms Dismissal of U. Penn Athletes’ FLSA Complaint

On December 5, 2016, the Seventh Circuit affirmed dismissal of a complaint filed by two University of Pennsylvania track and field athletes against the National Collegiate Athletic Association, the university, and more than...more

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