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Important royalty withholding tax decision

The taxpayer, Seven Network Limited, has won a recent decision (22 December 2014) in the Australian Federal Court, Seven Network Limited v Federal Commissioner of Taxation (2014) FCA1411, which is significant to all...more

CNN And FAA Partner To Test Drones For Reporting

Cable News Network (“CNN”) announced a partnership with the Federal Aviation Administration (“FAA”) “to advance efforts to integrate Unmanned Aerial Vehicles (“UAVs”) into newsgathering and reporting,” according to CNN’s...more

Entertainment Industry Case Study: Marketing Spend Optimization

A global entertainment firm needed to market more efficiently thousands of DVD titles per year. Company A global entertainment firm, and specifically its DVD marketing and distribution branch operation....more

The NFL’s Super Bowl Trademark Nonsense

It’s that time of year again. Time to tiptoe around and avoid use of or make any reference to the Super Bowl. Whoops. Anyway, we’ve discussed this phenomenon before...more

FinCEN Addresses Illegal Sports Betting

FinCEN issued an alert indicating that certain organizations and individuals have been circumventing various laws related to sports betting, including by permitting "third-party betting" and reminding the industry about the...more

Don’t Even Think About Advertising a SUPER BOWL Party!

As we all know, Super Bowl XLIX will be played this Sunday in Phoenix, Arizona between the defending Champion Seattle Seahawks and the New England Patriots. There will be events of all kinds organized all around the country...more

Davis: Electronic Arts Gets a New Set of Downs and Still Can’t Score

Just over a month ago I wrote about the Davis v. Electronic Arts matter that was pending before the Ninth Circuit Court of Appeal.  Specifically, I opined that the matter was ripe for Supreme Court review in light of the...more

USA: Ninth Circuit Rejects EA’s “Incidental Use” Defense in Madden-Related Right of Publicity Suit

On January 6, 2015, the Ninth Circuit decided that Electronic Arts Inc.’s (“EA”) unauthorized use of former NFL players’ likeness as avatars in the Madden NFL video game series does not qualify for First Amendment protection....more

Status Updates - January 2015 #5

Pupils, passwords and privacy. A law that went into effect on January1st has the parents of some Illinois school children asking themselves how much of their children’s privacy they’re willing to forgo to keep cyberbullying...more

Advertising Law - January 2015 #2

Safeway Must Pay Customers for Higher Online Prices - A California federal court judge has ruled in a breach of contract suit that Safeway is liable to customers who paid more for items online than in the store. ...more

FTC Director Rich: Greater Transparency Needed in Post-Mad Men Era of Online Advertising

The world of the popular television show Mad Men may be glamorous, but according to the Director of the Federal Trade Commission’s Bureau of Consumer Protection, Jessica Rich, it depicts more fiction than fact about modern...more

Copyright Alert: Fox v Dish Summary Judgment Rulings

Mixed Outcomes on Copyright and Contract Issues Re: Volition, Time- and Space-Shifting, Intermediate Copying and Commercials-Skipping - In a complex opinion addressing intermingled copyright and contract issues, a...more

Davis v. Electronic Arts: Another Right of Publicity Loss for Media Companies

On January 6, 2015, Electronic Arts, Inc. (“EA”), maker of Madden NFL video games, lost its appeal to dismiss claims by approximately 6,000 retired professional football players in Michael Davis, et. al v. Electronic Arts,...more

Back to the Future—Supreme Court to Review Rule On Post-Expiration Patent Royalties

Kimble v. Marvel Enterprises - The U.S. Court of Appeals for the Ninth Circuit, in affirming a district court decision that toy maker Marvel was not required to make payments after the expiration of a patent,...more

Sue-per Bowl Shuffle 2014: The Year in NFL-Related Intellectual Property Litigation

Heading into this year’s Super Bowl party season, there are two things every lawyer should be concerned about. First, why can’t your team get it together? Second, what do you do if you are asked to explain to your friends and...more

Status Updates - January 2015 #4

Social drinkers. The founder of the Lagunitas Brewing Company decided to drop a lawsuit that he’d filed against Sierra Nevada for trademark infringement after beer drinkers expressed their disapproval of the suit on Twitter. ...more

UGC Update: Italian Regulators Address User-Generated Content Promotions

The power of user-generated content (“UGC”) as a promotional tool is ubiquitous and well understood; however, global marketers face challenges when trying to approach a campaign from an international perspective. A recent...more

Status Updates - January 2015 #3

A Craigslist conviction. The highest court in Massachusetts upheld the conviction under the Bay State’s anti-harassment statute of a couple who posted fake Craigslist advertisements that caused a great deal of trouble for...more

College Football Crowns an Undisputed Champion; But Rights to the Trademark COLLEGE FOOTBALL PLAYOFF Remain In Dispute

This has been an exciting week in Buckeye Nation – The Ohio State University’s football team won the first-ever college football national championship determined by a playoff system, defeating the Oregon Ducks 42 to 20. It...more

Does the Ebola-free Nurse Doll Raise a Right of Publicity Claim?

In general, a right of publicity is a right to control use of your name, likeness, and other aspects of your identity. Right of publicity laws normally give an individual the exclusive right to license the use of their...more

Netflix’s Apparent Crackdown on Geoblock Circumventers

Recent reports indicate that Netflix may be cracking down on the use of virtual private networks (VPN) and similar mechanisms to log into Netflix. While VPNs provide enhanced network security, they are commonly used by...more

Permit Me to Explain – Work Permits and LMIAs for Foreign Actors

As much as we Canadians (justifiably) boast about our homegrown talent, there is no hiding the fact that to maximize the quality of our music, TV, and film we sometimes need an assist from outside our borders. For instance,...more

Stan Lee Media, Inc. v. The Walt Disney Company

USCA, Tenth Circuit, December 23, 2014 - Tenth Circuit dismisses Stan Lee Media’s copyright infringement claim against Disney, finding that plaintiff was collaterally estopped from asserting copyright infringement...more

ADA Defense Lawyer: New ADA standards for website accessibility

Since at least 2000, the U.S. Department of Justice (DOJ) has been advocating standardized website development and content to promote access to blind and low vision internet users. In 2013, the DOJ withdrew its proposed...more

Status Updates - January 2015 #2

Poster’s remorse. It’s official – as of Jan 1, social media sites accessible in California had to begin allowing users younger than 18 “to remove, or to request and obtain removal of” posts they regret. The legislation, known...more

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