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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Coming Into Focus: Recent Decisions Help Define the Scope of Right of Publicity Claims

by Jackson Walker on

When it comes to the right of publicity, it helps to keep tabs on California law. The right to prevent the unauthorized commercial use of a person’s name, likeness or other indicia of identity may vary from state-to-state....more

Artificial Intelligence Litigation: Can the Law Keep Pace with The Rise of the Machines?

Artificial intelligence, or AI, is the broad conceptual term for the technologies or systems making it possible for computers to perform tasks involving human-like decisionmaking, intelligence, learned skills and/or...more

Litigation Alert: The Ninth Circuit Leaves Pirate Joe’s Saying “Shiver Me Timbers!”

by Fenwick & West LLP on

Late last week, the U.S. Court of Appeals for the Ninth Circuit determined a court had jurisdiction to decide a trademark lawsuit filed by a U.S. grocery store against a Canadian reseller where the products at issue were only...more

Extending the Reach of Octane Fitness Under the Lanham Act **WEB ONLY**

by McDermott Will & Emery on

The US Court of Appeals for the Fifth Circuit adopted and applied the Supreme Court of the United States’ rationale for an award of attorneys’ fees in patent cases to a trademark case. In doing so, the Fifth Circuit aligned...more

The Ink Isn’t Dry

by Garvey Schubert Barer on

What rights based in copyright law does a tattoo artist have in a tattoo itself, and to what extent can an artist use those rights to restrict the rights of others, including the people whose skin has been inked?...more

Rosa Parks Name and Likeness Free for Use? (Rosa and Raymond Parks Institute for Self Development v. Target Corp.)

by McDermott Will & Emery on

Addressing the balance between privacy rights and matters of public interest, the U.S. Court of Appeals for the Eleventh Circuit affirmed the district court’s dismissal of the plaintiff’s complaint, holding that the defendant...more

Never Say Never to Lone Pine Orders

by Reed Smith on

After our last two posts, we received emails blasting us for being insensitive to the plight of injured plaintiffs. That struck us as unfair, given that the posts pertained to the technical issues of choice of law and choice...more

The World in US Courts - Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities:...

We are pleased to announce the Summer 2015 issue of The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law To Global Business and Cross-Border Activities. This issue discusses 13 new decisions that...more

Right of Publicity Claims by Athletes Nearly Shut Out in 2015

When we published our Sue-per Bowl post, 2015 looked like it would be a good year for right of publicity claims brought by athletes. On January 6, 2015, the Ninth Circuit in Davis v. Electronic Arts held that the First...more

Sirius Wins One in Florida, Florida, Florida!

On June 22, 2015, the Southern District of Florida held that artists have no public performance rights in their pre-1972 sound recordings under Florida law, in contrast to decisions from California and New York in related...more

Richard Prince’s Instagram Art: Do You Know Where Your Face Is?

Social media, it seems, has turned us all into photographers. Anyone with a Facebook page, an Instagram account or any of the other methods for socializing on the web, can post original photos for all the world to see,...more

Rights in Bob Marley's name and likeness trump free speech where defence not properly pleaded | World Trademark Review

by Knobbe Martens on

Fifty-Six Hope Road is a company run by some of Bob Marley's children, and it owns the property rights to Bob Marley's name, voice and likeness. Hope Road licensed Zion Rootswear the exclusive right to use Marley's name and...more

Texas eMediaLaw Legislative Update: 2015

by Gray Reed & McGraw on

It’s Spring in Texas which means one of two things – the bluebonnets are out and in odd years, our legislature is back at work. One makes me grateful to be in Texas and the other only meets every other year. Here are a few...more

Two Rights of Publicity Decisions Explore the Boundaries of Commercial Speech in Commemorating Public Figures

by Reed Smith on

Two recent rights of publicity cases illustrated the parameters of using a public figure’s name, likeness, identity or image for commercial purposes, without consent for commemorative purposes. But when does commemoration...more

Trademark Review | March 2015

by Knobbe Martens on

Registration Cancelled Where Services Related to Mark Not Provided - Playdom, Inc. filed a petition to cancel Couture’s mark, arguing that the registration was void because Couture did not use the mark in commerce as of...more

Two California State Law Claims Are Dismissed With Prejudice

by Morris James LLP on

Sleet, J. Defendant’s motion to strike counts 9 and 10 under California’s Anti-SLAPP Stature is granted with prejudice. Defendant’s motion to dismiss counts 9-11 is denied in part and granted in part. Plaintiff’s motion to...more

Intellectual Property Exclusion Bars Coverage for Unauthorized Use of Famous Inventor’s Name to Sell Toys

In Alterra Excess & Surplus v. Estate of Buckminster Fuller (No. A140453, filed 3/9/15), a California Appeals Court held that an ISO policy’s exclusion for intellectual property unambiguously barred coverage for a Lanham Act,...more

And the Lawsuit Goes to . . . An Oscar-Time Guide to “Best Picture” Intellectual Property Litigation

The film that wins the Best Picture Oscar this year is certain to attract more viewers and more box office receipts than it had before receiving the award. But Best Picture winners also tend to attract more lawsuits,...more

UK: Passing Off – How Rihanna “found love” in the Court of Appeal

by DLA Piper on

On 22 January 2014 the Court of Appeal upheld the High Court decision in a claim for passing off brought by global superstar Rihanna against Topshop. The dispute centered on a t-shirt which was sold by Topshop in its...more

Henley Is Not Taking It Easy

by Winthrop & Weinstine, P.A. on

According to music icon Don Henley, intellectual property rights are not a joking matter....more

Electronic Arts and its Disrespect for the Game

by Weintraub Tobin on

On September 11, 2014, the Ninth Circuit heard oral argument on the appeal in Davis v. Electronic Arts (Case No. 12-15737), a class action lawsuit brought by three former NFL Players against Electronic Arts (“EA”), the...more

Left without a Partner: Amgen Sues Sandoz for Refusing to Dance in Accordance with BPCIA Patent Procedures

by K&L Gates LLP on

There has been a lot of curiosity within the biologics industry regarding how the “patent dance” procedures of the Biologics Price Competition and Innovation Act (“BPCIA”) would operate. This interest was piqued in July 2014...more

September 2014: Entertainment Litigation Update

ABC v. Aereo: Supreme Court Holds that Aereo’s System of Streaming Television Broadcasts via the Internet Infringes Copyrights in Programs Broadcast. On June 25, 2014, the Supreme Court issued its opinion in the...more

California Court of Appeal Rules Models’ Right of Publicity Claims Assignable, Not Preempted by Copyright Act

by Davis Wright Tremaine LLP on

The California Court of Appeal held earlier this month that certain right of publicity claims are freely assignable, and that the Copyright Act does not preempt a right of publicity claim where the defendant has no legal...more

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Summer 2014 - The Global law firm Orrick, Herrington & Sutcliffe LLP takes great pride in announcing the Summer 2014 edition of The World in US Courts: Orrick’s Quarterly Review of Decisions Applying US Law To Global...more

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