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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

False Notes in the Music Industry: Fiduciary Duty of Business Partners

A “fiduciary duty” is imposed by law upon parties with certain relationships dependent on a high level of trust and confidence. According to the Supreme Court of Virginia, a fiduciary relationship is established “whenever a...more

The Way to San Jose: Not Through Federal Court

Frustrated with the inability of the Oakland Athletics to commit to relocate to San Jose in the face of the territorial objections of the San Francisco Giants – and by the failure of Major League Baseball (MLB) to bring the...more

The Moment it Clicks: A Deeper Look at the Case Law of Clickwrap and Browserwrap Agreements

Previously, we posted an article on the Top 5 Ways to Help Ensure Your Business has Click-Wrap Agreements that Work. Given the importance of clickwrap and browserwrap when it comes to limiting an online business’ liability,...more

Bill Maher Prevails Over Donald Trump Lawsuit By Sitting and Waiting for the Donald to Figure Out to Drop It Himself

In February, I wrote about a particularly fake-haired boneheaded lawsuit that Donald Trump brought against comedian Bill Maher. As you may recall, Trump accused Maher of breach of contract based on a joke that Maher had made...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 7, 2013

In This Issue: - Wild v. NBC Universal: Ninth Circuit affirms dismissal of copyright infringement claim without leave to amend, finding no substantial similarity between plaintiff’s graphic novel and NBC’s...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

California Appellate Court Upholds Trial Court's Dismissal of a Coverage Claim for an Alleged Advertising Injury - Perspectives...

A recent decision in California put a crimp in a rock star impersonator's effort to seek coverage for his liability to the rock star for "trading on his celebrity." In Oglio Entertainment Group, Inc. v. Hartford Casualty...more

Aesthetic Functionality Still has Legs in the Ninth Circuit

A review of the practical impact of the trademark decision Fleischer Studios, Inc. v. A.V.E.L.A., Inc. ...more

If You Are a New Jersey Bar or Restaurant Owner, Think Twice About Illegally Broadcasting That Hot Sporting Event

If You Are a New Jersey Bar or Restaurant Owner, Think Twice About Illegally Broadcasting That Hot Sporting Event Sports bars and restaurants are abundant these days. It is difficult to find a community without at least...more

What is "INTELLECTUAL PROPERTY?"

A straightforward, concise definition of "intellectual property" and a brief explanation of the four major types of IP. The terms "copyright," "trademark" and "patent" should no longer be confused after reviewing this...more

Court of Appeal Orders Unauthorized Digital Billboards Removed

Los Angeles has had a long and controversial history dealing with billboard issues, most recently brought to light in the Second District Court of Appeal decision in Summit Media v. City of Los Angeles (12/10/12), a case in...more

10 STEPS TO MAINTAIN YOUR TRADEMARK (SERVICE MARK) - REGISTERED or NOT

A TRADEMARK REGISTRATION CAN BE VALID INDEFINITELY PROVIDED THE FOLLOWING TEN (10) STEPS ARE TAKEN: 1 through 8: USE the mark (this cannot be emphasized enough); 9: ENFORCE exclusive rights to the mark; and 10: RENEW...more

Cherchez les Catalogues Raisonné

The success of the art market depends largely on confidence in the authenticity of artists’ works. Traditionally, a work in an artist’s “catalogue raisonné” has been key to confirming the authenticity, and thus value. To that...more

Media Law Bulletin - December 2011 - 'Cheese'-y Comedy Product Not an Advertising Idea

The case of The Oglio Entertainment Group, Inc. v. Hartford Casualty Ins. Co., 200 Cal. App. 4th 573 (2011), analyzes the distinction between copying an advertising idea and copying a product that is advertised in the context...more

What Is Rescission In Contracts Law?

From legal perspective, rescission of a contract is distinguishable from cancellation of a contract. Rescission reverts the contract to the day it had not been signed as if the contract had not been made. In fact, the...more

Ip/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - May 5, 2011

Table of Contents • Montz v. Pilgrim Films & Television, Inc. Montz v. Pilgrim Films & Television, Inc., USCA Ninth Circuit, May 4, 2011 • On en banc rehearing, Ninth Circuit vacates earlier decision of...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 Articles And News From Around the Web: 10/11-10/17/2010

Interesting Articles And News From Around the Web: 10/11-10/17/2010 Business Litigation News...more

Modeling Lawyer Sebastian Gibson Answers How Models Can Protect Themselves Against Photographers and Agents

Few attorneys have more experience than Sebastian Gibson in the field of modeling law. If you have a modeling contract that’s been offered to you or if you are already signed with a modeling agency and have a modeling agency...more

Joseph Abboud Is Back: Personal Name Trademark Controversy Continues

On June 10, 2009, the Second Circuit vacated a summary judgment decision that permanently enjoined menswear designer Joseph Abboud from making commercial use of his own name. J.A. Apparel Corp. v. Abboud, No. 08-3181-cv, 2009...more

Between Cher And Joe Montana- When Is It Okay To Use A Person's Image To Advertise A Protected Use Of That Image?

In deciding whether the unauthorized use of a third party’s name, voice, likeness or persona (collectively, “Image”) violates such third party’s publicity rights, the first level of inquiry is whether the use is properly...more

Mazzone v. Grant Wilfley Casting et al.

Reply Memorandum of Law in Support of Defendants Massey, Sable & Ryman's Motion for Summary Judgment

From _Backstage_ magazine (http://www.backstage.com/bso/news_reviews/unions/article_display.jsp?vnu_content_id=1003552589): "An actor from Toms River, N.J., is suing a major New York casting office and the Screen Actors...more

Mazzone v. Grant Wilfley Casting et al.

Memonrandum of Law in Support of Defendants Massey, Sable & Ryman's Motion for Summary Judgment

From _Backstage_ magazine (http://www.backstage.com/bso/news_reviews/unions/article_display.jsp?vnu_content_id=1003552589): "An actor from Toms River, N.J., is suing a major New York casting office and the Screen Actors...more

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