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Defeating “Libel Tourism” under Mississippi law and the SPEECH Act

In Trout Point Lodge, Ltd. v. Handshoe, 729 F.3d 481 (5th Cir. 2013), the Fifth Circuit became the first appellate court in the country to interpret the Securing the Protection of Our Enduring and Established Constitutional...more

Copyright and Forum Shopping

Having been brought up at a time when the humour of Monty Python was influential on a young mind, I can’t help thinking of the ‘nudge, nudge, wink, wink’, sketch when reading about photographs. In the sketch, Eric Idle asks a...more

Karen Millen Court of Justice of the European Union Decision

On 19 June 2014, the Court of Justice of the European Union (“CJEU”) delivered a judgment in the ongoing seven-year legal battle between Karen Millen Fashions and Dunnes Stores in Ireland. Background - This...more

Real Madrid 2014/15 audiovisual rights for sale

Real Madrid has just published in its website that it will listen to offers from those entities who might be interested in acquiring its audiovisual rights for 2014/2015 season. Although Real Madrid audiovisual rights...more

Germany: CJEU postpones showdown on German gambling regulations

In a decision that has long been awaited by the industry and the legislator alike, the European Court of Justice ruled today, 12 June 2014, on the question to what extent two conflicting regulatory frameworks within one...more

Digital Imports: Should Downloads Be Subject to the Tariff Act?

On April 3, the International Trade Commission (ITC) ruled that the agency has jurisdiction to police digital transmission for intellectual property infringement. The ITC hears trade disputes regarding “articles” imported...more

The ITC Has Jurisdiction Over Digital File Transmissions Under Section 337

On April 3, 2014, the U.S. International Trade Commission has issued a notice in Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Positioning Adjustment Appliances, the Appliances...more

Peter Mayer Publishers Inc. v. Shilovskaya

Peter Mayer Publishers Inc. v. Shilovskaya - USDC (S.D.N.Y.), March 31, 2014: District court holds that eBook version of translated Russian novel is not a new derivative work under the Copyright...more

The Katten Kattwalk | Issue 04

In this issue: - Trademark Infringed? No Preliminary Injunction Unless Irreparable Harm Proved - Want to Reserve a Trademark? Be Prepared to Prove You Will Use It - Around the Horn: Customs and...more

Intellectual Property Bulletin - Winter 2014

The America Invents Act (AIA) came into law back in September 2011, but it was not until last March that its provisions were completely phased in. The changes last year included not only the switch from a “first-to-invent” to...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- January 31, 2014: Atlantique...

French television production company Atlantique Productions, S.A. sued ION Media Networks, Inc. for breach of contract, and related claims, based on negotiations regarding U.S. television distribution of the internationally...more

Faulkner v Sony – A Dying Past, Or A Glass Half Full

Almost a year ago, we noted (You’re Getting Sued for What? An E&O Odyssey (Pt 9)) that the owners of the late author William Faulkner’s intellectual property rights had sued Sony Pictures Classics for copyright infringement...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- October 17, 2013

Evans v. Hewlett-Packard Co., USDC, N.D. Cal., October 10, 2013 - District court rejects state-law claims brought by performer “Chubby Checker” relating to lewd mobile app using the same name, finding claims pre-empted...more

ITC Section 337 Update – October 4, 2013

Commission Issues Notice Of Shutdown Of Investigative Activities – On October 1, 2013, the Commission issued a Notice that, as a result of the broader shutdown of the federal government, the Commission “will shut down...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

IP Update, Vol. 16, No. 8, August 2013

President Disapproves ITC Exclusion Order - For the first time since the administration of President Ronald Reagan, an exclusion order issued by the U.S. International Trade Commission (ITC) has been disapproved by the...more

Intellectual Property Newsletter - July 2013

In This Issue: - Good-faith Belief in Patent Invalidity Can Rebut Allegations of Induced Infringement - With the PTO’s cancellation of claims on reexam, a prior validity ruling goes poof - Grant of a Permanent...more

Leave It to Hollywood: No D&O Insurance Coverage for Failure to Pay Leave It to Beaver Television Royalties

On July 11, 2013, the Central District of California held that a liability insurer is not required to reimburse its insured for costs arising out of a breach of contract class action claim....more

Don’t Tread On Me…

Trademark bullying has received a somewhat significant amount of attention over the last few years, including potential new legislation in Minnesota. (See below) A trademark owner (or “bully” in the eyes of some) may forum...more

Business Litigation Report -- May 2013

In This Issue: Firm News: ..Quinn Emanuel to Open Sydney Office ..Firm Expands Mass Torts and Products Liability Practice ..Susheel Kirpalani Named a 2012 “Dealmaker of the Year” by The American...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 26, 2013

- Viacom International v. Google Inc., USDC S.D. New York, April 18, 2013: On remand from the Second Circuit, district court grants summary judgment in favor of Google and its YouTube platform on all copyright...more

April 2013: Trademark Litigation Update

On October 11, 2012, the Academy of Motion Picture Arts and Sciences won cancellation of an “Oscar Della Lirica” design mark from the Cancellation Division of the Office for Harmonization in the Internal Market (“OHIM”). ...more

Gaming Legal News - March 22, 2013 • Volume 6, Number 7

In This Issue: - “NO MORE BETS”: ONTARIO COURT OF APPEAL DISMISSES “FLOATING BALL”1 CASE: “The process of removing a floating ball from the wheel, declaring a ‘nospin’, and rendering all bets void has no...more

"Who Wants to Be a Millionaire?" Profit-Sharing Verdict Upheld by Ninth Circuit

On December 3, 2012, the U.S. Court of Appeals for the Ninth Circuit in Celador International, Inc. v. American Broadcasting Companies, Inc., et al. upheld an interesting jury verdict, resulting in a $319 million judgment...more

Cardroom International LLC v. Mark Scheinberg, et. al. (Ferguson, Chris)

LASC COURT RULING: In Favor of Demurring Defendant Ferguson et. al. moving defendants.

Defendant Chris Ferguson's Demurrer to all 3 of Plaintiff Cardroom's purported causes of action sustained by Los Angeles Superior Court Judge Elizabeth White: --- Ferguson had argued in his demurrer that Plaintiff’s...more

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