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Forged artwork case illustrates proportionate liability

In McBride v Christie’s Australia Pty Limited [2014] NSWSC 172, the Plaintiff purchased a painting at an auction held by Christie’s Australia Pty Limited (“Christie’s”) through a bidding agent, Vivienne Sharpe. The vendor of...more

Section 75-1.1 Stars in New Putative Class Action Against UNC

Last Thursday, former UNC football player Michael McAdoo filed a putative class action against UNC-Chapel Hill. This federal complaint has already received extensive publicity. The publicity, though, has overlooked the...more

Queen v. Schultz

Queen v. Schultz - USCA, D.C. Circuit, April 4, 2014 - Defendant Ed Schultz is a radio and television personality currently hosting “The Ed Show” on the MSNBC network. Plaintiff Michael Queen is an NBC employee who...more

Court Rules Houston Astros Cannot Strike Out Fiduciary Duties in Bankruptcy

Introduction - One of the incentives that Delaware law offers founders of business entities is the ability to tinker with the fiduciary duties that the managers of the business owe. While the duties owed by corporate...more

No Harm Allegations Run "Fowl" for New York Poultrygeist Suit

Simply alleging economic losses suffered in the state where its business was located was insufficient for a producer to bring intellectual-property claims resulting from unlicensed foreign distribution of the spoof-horror...more

Chad Elie v. Ifrah Law PLLC

CERTIFICATE of Interested Parties filed by Plaintiff Chad Elie

[Docket Text] CERTIFICATE of Interested Parties filed by Chad Elie that identifies all parties that have an interest in the outcome of this case. . (Chattah, Sigal) (Entered: 05/22/2013)...more

Chad Elie v. Ifrah Law PLLC

MINUTE ORDER IN CHAMBERS [re Removal of Civil Action to USDC]

[Docket Text] MINUTE ORDER IN CHAMBERS of the Honorable Judge James C. Mahan, on 5/21/2013. Statement regarding removed action is due by 6/8/2013. Joint Status Report regarding removed action is due by 6/23/2013. (Copies have...more

Chad Elie v. Ifrah Law PLLC

Notice of Removal of Action to USDC District of Nevada by Defendants

[Docket Text] PETITION FOR REMOVAL from Eighth Judicial District Court, Clark County, Case Number A-13-679951-C, (Filing fee $ 400 receipt number 0978-2825493), filed by Alain Jeffery Ifrah, Ifrah PLLC. Certificate of...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - May 3, 2013

- Cariou v. Prince, USCA Second Circuit, April 25, 2013 - Second Circuit reverses summary judgment in favor of photographer on his infringement claims against well-known appropriation artist Richard Prince, holding...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 14, 2013

In This Issue: - Gibson Guitar Corp. v. Viacom International, Inc., USDC C.D. California, March 8, 2013: District court grants Viacom’s motion to dismiss plaintiff’s Lanham Act and related state law claims for...more

Weekly Law Resume - October 18, 2012: Tolling Agreements vs. Statute of Limitations Waivers

Don Johnson Productions, Inc. v. Rysher Entertainment California Court of Appeal, Second Appellate District Code of Civil Procedure Section 360.5 allows parties to waive the statute of limitations if the parties follow...more

Business and Commercial Litigation Newsletter #19 - August 2012

We are pleased to present the nineteenth edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight news concerning the Apple patent infringement trial, the requirements for...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - February 9 , 2011

Table of Contents • McNamee v. Clemens McNamee v. Clemens, USDC E.D. New York, February 4, 2011 • In defamation action against former baseball player Roger Clemens filed by his former personal trainer, court...more

Interesting Business Law And Litigation News From Around the Web 10-25-2010 - 10-31-2010

Interesting articles and business law and litigation new from around the web. 10/25/2010 - 10/31/2010....more

An Advertising Face-Off: Images and the Right of Publicity

The California Supreme Court heard oral argument on June 3 in an important “right of publicity” case, Christoff v. Nestle USA Inc. Please see full post for more information....more

Van Den Brulle v. Niedermaier, Inc. (incorrectly docketed as "Den Brulle v.")

Brief in Opposition to Defendants' Motion to Dismiss under Fed. R. 12(b)(1)

Opposition to motion to dismiss on the ground of lack of subject matter jurisdiction -- in this case, the Copyright Office had actually refused to register plaintiff's work, claiming a lack of originality. We argued that...more

Phish, Inc. v. Knighthood Tees

Ruling on Motion for Preliminary Injunction

District Court Judge Murtha's Order denying Phish's Motion for Preliminary Injunction except as to use of the registered mark PHISH, which defendants had previously, voluntarily agreed to forego using. The exhibits to the...more

Phish, Inc. v. Knighthood Tees

Reply In Support of Motion to Dismiss for Lack of Jurisdiction

Defendant Knighthood Tees Reply Memorandum In Support of its Motion to Dismiss argues that (a) defendants did not purposefully interject themselves into the stream of commerce in California, (b) that it would be unduly...more

Phish, Inc. v. Knighthood Tees

Motion to Dismiss for Lack of Jurisdiction

The band Phish filed an action for copyright infringement against a fan who made and sold tee shirts using variations on the band's song titles and lyrics. The shirts were humorous, and thus the song "Glide" became...more

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