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Supreme Court Rejects Louis Vuitton’s Request for Appeal Against Parody Tote Bag Company

by Robins Kaplan LLP on

Louis Vuitton is no stranger to the court. For years, the luxury fashion label, headed by creative director, Nicolas Ghesquière, has battled high-profile cases over parody bags. Those cases have involved dog toys, Super Bowl...more

Court Pens New Chapter In Milo Yiannopoulos’ Suit Against Simon & Schuster

by Fox Rothschild LLP on

After the outspoken conservative commentator Milo Yiannopoulos sued Simon & Schuster this summer for allegedly breaching their contract to publish his autobiography Dangerous, Simon & Schuster threw the book at Yiannopoulos...more

Commercial Division Reprimands Lawyer for Misconduct in Deposition

On August 25, 2017, Justice Shirley Werner Kornreich of the New York Commercial Division entered an order reprimanding a high-profile lawyer, Mark Geragos, for misconduct during a deposition, including refusing to answer...more

Former Band Member Sues The Roots

by Brooks Pierce on

Frank “Knuckles” Walker, a musician and percussionist best known as a former member of the band The Roots, recently filed a lawsuit against his former band members and others. A copy of the complaint is available here....more

Court Vacates Arbitration Award Due To Evident Partiality Of Panel, But Parties Must Re-Arbitrate Matter Before Same Arbitral...

by Carlton Fields on

In a dispute between the Washington Nationals, the Baltimore Orioles, and affiliated parties regarding the value of broadcasting rights for Nationals games, an appellate court has affirmed a trial court order vacating an...more

Update: Court finds transformative nature of alleged infringing work can’t be decided by side-by-side comparison

by Thompson Coburn LLP on

Adding an Instagram border and a few “gobbledygook” notations to an original photograph is not transformative as a matter of law. In an update to our post on a case filed last year, a federal court in New York recently denied...more

Commercial Division Analyzes Choice-of-Law on an Element-by-Element Basis in Upholding Claim for Aiding and Abetting Breach of...

In Wantickets RDM, LLC v. Eventbrite, Inc., No. 654277/2016, 2017 BL 261099 (Sup. Ct. Jul. 21, 2017), New York Commercial Division Justice Shirley Werner Kornreich denied defendant Eventbrite’s motion to dismiss plaintiff...more

Ninth Circuit Purges Anti-SLAPP Motion for Contract Claims

by McDermott Will & Emery on

In an action involving the popular film series The Purge, the US Court of Appeals for the Ninth Circuit affirmed a district court denial of the defendants’ anti-SLAPP motion, holding that the plaintiff’s breach of...more

Fictional, but Protectable: Court Finds Planned Real-World “The Krusty Krab” Restaurant Would Violate Viacom’s Trademark Rights

by Orrick - IP Landscape on

Summary Judgment Order, Viacom International Inc. v. IJR Capital Investments, LLC, S.D. Tex. (January 11, 2017) (Judge Gray Miller) - The Emmy nominations have been announced, and the fall television season is just weeks...more

One Way Out: California District Court Finds Insurer Had Right to Pay Limits Despite Possible Defense

by Carlton Fields on

In Film Allman, LLC v. New York Marine and General Insurance Company, Inc., 2:14-cv-7069-ODW, (C.D. Cal. May 23, 2017), a California district court granted summary judgment in favor of an insurer of a production company. The...more

Harvey Keitel Fails Twice to Prove Binding Contract to do Commercials for E*Trade

by Farrell Fritz, P.C. on

In an action for breach of contract, Pulp Fiction and Reservoir Dogs star Harvey Keitel sued E*Trade based upon a Term Sheet entered into between Keitel and advertising agency Ogilvey & Mather NY (“Ogilvey”) for the actor to...more

Music Performing Rights Organizations and the “Full-Work” vs. “Fractional” Licensing Dispute: Government Seeks to Overturn...

by Brooks Pierce on

On Thursday, the United States filed its brief (link is external)in its appeal of a decision by the district court for the Southern District of New York (link is external), which rejected the US Department of Justice’s...more

Agreeing to Agree: Commercial Division Rules Twice that Term Sheets Were Not Binding Agreements

In two recent decisions, Justices Charles E. Ramos and Saliann Scarpulla of the New York Commercial Division ruled that term sheets were not binding agreements. Keitel v. E*Trade Fin. Corp., No. 652220/2015, 2017 BL 131532...more

Commercial Division Compels Arbitration of a Contract Claim Based on an Arbitration Clause in a Related Agreement

In Fidilio v. Hoosick Falls Productions, Inc., No. 654066/2016, 2017 BL 107640 (Sup. Ct. Mar. 22, 2017), Justice Eileen Bransten of the New York County Commercial Division granted a motion to compel arbitration of a dispute...more

‘Home Improvement’ decision may provide tools for drafting, managing CAM in commercial leases

by Thompson Coburn LLP on

In California, commercial lease tenants typically pay a portion of the common area maintenance expenses or "CAM." Commercial leases also generally include the right of the tenant to audit the landlord's CAM statement each...more

Supreme Court Corner: Q1 2017

by DLA Piper on

Star Athletica v. Varsity Brands COPYRIGHT – DECIDED: MARCH 22, 2017 HELD: An artistic feature of the design of a useful article is eligible for copyright protection if the feature (1) can be perceived as a two- or...more

Intellectual Property and Technology News (North America), Issue 33, Q1 2017

by DLA Piper on

A new year is upon us, bringing swift and deliberate change, uncertainty and myriad paradigm shifts in the political and social landscape. It is fitting, then, that intellectual property practice should reflect these shifts...more

The UFC’s Biggest Bout Yet: Its Battle Against Its Fighters’ Antitrust Lawsuit

We have not previously reported on an antitrust litigation that is enveloping the mixed martial arts (“MMA”) world. Six current and former MMA fighters have filed a class action lawsuit against the company that owns the UFC,...more

No Love For Proposed Consumer Class Settlements

by Carlton Fields on

Two consumer class actions recently hit a roadblock when courts denied final approval for class settlements. In In re Target Consumer Data Security Breach, the U.S. District Court for the District of Minnesota preliminarily...more

Three Point Shot - February 2017

by Proskauer Rose LLP on

Ski Manufacturer Chills Bode Miller's Comeback - World champion skier and six-time Olympic medalist Samuel "Bode" Miller had his eye on coming out of retirement for the 2016-17 season before a contract dispute with his...more

The Supreme Court’s Fashionable Case: Implications for Expanding Copyright Protection to Apparel

by Snell & Wilmer on

Currently before the United States Supreme Court is the question: “[w]hat is the appropriate test to determine when a feature of the design of a useful article is protectable under § 101 of the Copyright Act.”1 Put another...more

Company that Sold Land for Casino Says It Was Gamed Out of Rightful Price

by PretiFlaherty on

The Massachusetts Gaming Commission has a big fight on its hands with the guys who sold the land for a casino in Everett to Steve Wynn. If the commission loses, it could be out millions of dollars....more

UPDATE: BOSTON’S Founder and a Former Bandmate Still Seek Peace of Mind

We have written previously about Scholz v. Goudreau, No. 13-CV-10951 (D. Mass.); the case recently went to trial on the parties’ surviving claims, and they are now immersed in post-trial briefing....more

Art Advisors are Not Always Fiduciaries—Lawsuit over Cady Noland "Log Cabin" Dismissed

by Sullivan & Worcester on

The ongoing saga between Yves Bouvier and Dmitri Rybolovlev over Bouvier’s sale to the Russian billionaire of Leonardo’s Salvator Mundi (and a recent preemptive suit by Sotheby’s against the original sellers of the work to...more

Termination of Distribution Agreement Does Not Affect Licenses to Cloud-Based Access

by McDermott Will & Emery on

After finding that a copyright infringement question analyzed by the district court was more properly a contract interpretation issue, the US Court of Appeals for the Second Circuit affirmed the district court’s decision that...more

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