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NCAA appeals district court decision in O’Bannon v. NCAA

On November 14, 2014, the National Collegiate Athletic Association (“NCAA”) filed a brief in the Ninth Circuit challenging a district court’s injunction on the enforcement of NCAA rules barring college athlete compensation as...more

China Court Ruled Infringement for Ambush Marketing in Film Industry

The term “Ambush Marketing” originally came from inappropriate sport advertisement in western countries. It involves a marketing strategy wherein the advertisers associate themselves with, and therefore capitalize on, a...more

Judge Sweet trims award of attorney’s fees because of block billing and claims for fees for a non-compulsory defense; issues final...

Touchtunes Music Corp. v. Rowe International Corp., Arachnid, Inc., et al. October 21, 2014 - Case Number: 1:07-cv-11450-RWS - Judge Sweet, having previously found this case to be exceptional, awarded...more

Federal Government Wins Trademark Battle to Shut Down “Voice of America” Website with “Undeniable Governmental Aesthetic”

Since its first broadcast on February 1, 1942, the Voice of America radio service (VOA) has aired countless hours of programming in dozens of languages to what is currently an estimated global audience of over 100 million...more

HarperCollins Publishers LLC v. Open Road Integrated Media LLP - USDC, S.D. New York, November 6, 2014

HarperCollins Publishers LLC v. Open Road Integrated Media LLP - USDC, S.D. New York, November 6, 2014: District court grants publisher’s motion for permanent injunction to enjoin defendant from publishing e-book...more

Three Point Shot - November 2014

Florida Broker Denied Assist in Argentine Soccer Media Rights Deal - 2014 has been a decent year for soccer – ahem, fútbol – in Argentina. An Argentine club team (San Lorenzo) won the 2014 Copa Libertadores, South...more

Judge Posner Orders Sherlock Holmes Estate to Pay Attorneys’ Fees for “Form of Extortion”

Klinger v. Conan Doyle Estate, Ltd. - In another scathing opinion against the Sherlock Holmes estate, Judge Richard A. Posner ordered the estate to pay attorneys’ fees for bringing “nonexistent copyright claims” as a...more

Hold ’Em Or Fold ’Em: What’s Next For The Massachusetts Gaming Industry If Voters Repeal The Gaming Law?

The Supreme Judicial Court of Massachusetts recently cleared the way for gaming opponents to appeal directly to Massachusetts voters by allowing the measure to repeal the Massachusetts gaming law to be placed on the November...more

Not-So-Instant Replay: Restraining Order Granted Against New Jersey’s Updated Sports Betting Law

A little over a year ago, the Third Circuit upheld the New Jersey District Court’s permanent injunction against Governor Christie and others prohibiting New Jersey’s 2012 Sports Wagering Law as a violation of the federal...more

Counts v. Meriwether - U.S.D.C., C.D. California, October 14, 2014

District court dismisses plaintiffs’ claim that Fox’s popular television show New Girl infringes their copyrighted screenplay because complaint did not adequately identify works at issue, and dismisses claims for breach of...more

Georgia State Academic Fair Use Decision Vacated by 11th Circuit: A (Relatively) Quick Read for the Busy Practitioner

Last Friday, the 11th Circuit Court of Appeals vacated and remanded the Northern District of Georgia’s 350-page fair use analysis of the electronic reserves practices at Georgia State University (“GSU”). Although this...more

Gilligan’s Island Remake Awash with Copyright Controversy

Travis P. Dunson (“Dunson”) filed suit for copyright infringement, money damages, injunctive relief, attorneys’ fees, as well as damages for breach of implied contract, conversion, unjust enrichment, and quantum meruit...more

Personal Brand Management for Retirees (…of the NFL)

Dozens of former NFL players lit up the federal court docket here in Minnesota with filings on Monday targeted at Defendants including the National Football League, NFL Films, Inc., and NFL Productions, LLC....more

NCAA’s Limits on Athletes’ Compensation for Use of Their Names or Likenesses Violates Antitrust Laws

The National Collegiate Athletic Association’s (NCAA) fundamental beliefs about the role of student-athletes and its economic model just received a partial rebuke from the courts. On August 8, 2014, a federal judge ruled that...more

Midwest Gaming Win Reinforces Division Between Police and Taxing Powers

In United States v. Doremus, 249 U.S. 86 (1919) the Supreme Court held that a tax law “may not be declared unconstitutional, because its effect may be to accomplish another purpose as well as the raising of revenue.” That...more

What O’Bannon Means For NCAA's Next Round Of Litigation

After a three-week trial and five years of litigation, the “[m]ost important trial in sports history” — O’Bannon v. National Collegiate Athletic Association — concluded last month, culminating in what some have said is the...more

Rolling the Dice with Casino VIP Lists

In the competitive world of land-based casinos, high roller “VIP” players are courted with a host of special perks and privileges. A casino’s proprietary VIP customer list represents one of its most valuable assets, almost...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

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

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

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

Judge Rules NCAA Ban on Student-Athlete Compensation Violates Antitrust Law

On Friday, August 8, 2014, the Northern District of California determined that the National Collegiate Athletic Association’s (NCAA’s) rules banning student-athletes for being compensated for the use of their names, images...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

Court Rules Against NCAA in O’Bannon Case

The United States District Court for the Northern District of California issued its highly anticipated decision in the Ed O’Bannon case on August 8, 2014. The Court ruled in favor of the plaintiffs, a class consisting of...more

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