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Redskins trademark case highlights value of linguistic analysis

The Washington Redskins trademark case, with its conclusion that REDSKINS trademark registrations should be cancelled, has sparked heated discussion among football fans, advocates of Native American interests, and foes of...more

Prize Promotions Across the World (Global)

Prize promotions are an effective and increasingly popular marketing tool used globally for attracting customers. The internet and various social media platforms make this an attractive, cost efficient means of reaching a...more

2012 Top Canadian Entertainment, Media And Communications Law Stories

In keeping with tradition, and gambling that there won't actually be any significant entertainment/media law occurrences between now and January 1, 2013 (which is probably a pretty safe bet), we offer our humble thoughts on...more

The Royal Phone-Hoax: The Canadian Context

Worldwide media coverage of the hoax call made last week by Syndey radio co-hosts to the London hospital continues. Pretending to be the Queen and Prince Charles, co-hosts Mel Greig and Michael Christian of the morning show...more

CBb 6 juni 2012, Mediaforum 2012/11-12, Nr. 28 (Minister van EL&I en NDC/RATO c.s.) m.nt. H.P. Wiersema en J.J.R. Lautenbach

Deze uitspraak gaat over de verdeling van vergunningen voor het gebruik van frequentieruimte voor niet-landelijke commerciële radio-omroepen en de middengolf. Op 3 maart 2008 heeft de Minister van EL&I twaalf FM-frequenties...more

IP Update, Vol. 15, No. 11, November 2012

IN THIS ISSUE: Patents - ..Is It Time to Take a New Look at Appellate Review of PTO Claim Construction? ..Limits on the Use of the Disclosure-Dedication Rule Under Doctrine of Equivalents ..Causal...more

Can you Really Get a Social Game Patent in Less Than a Year?

YES! One of the often cited reasons for not pursuing patents is that they take too long to obtain. In response to this concern, the US Patent office has implemented a procedure that enables applicants to make a request, when...more

Rogers et al v SOCAN: W(h)ither the "Making Available" Right?

Among the unanswered questions arising in the wake of the massive changes to the Canadian copyright landscape in 2012 is the issue of precisely how the two seismic forces at work (i.e., The Copyright Modernization Act and the...more

Copyright Protection for Clothing Designs Unlikely to Pass in 2013

As the year draws to an end and newly elected members of Congress celebrate over mimosas this morning, I thought we’d check back in on our old friend, the Innovative Design Protection and Piracy Prevention Act (“IDPPPA”) to...more

Parts of Bill C-11 Come Into Force - "Fair Dealing" Now Includes Parody and Satire

With the publication in the Canada Gazette on November 7, 2012 of SI/2012-85, much of The Copyright Modernization Act (Bill C-11) has come into force. As of today's date, the following sections of the Act are now in force:...more

CA Attorney General Kamala D. Harris Notifies Mobile App Developers of Non-Compliance with California Privacy Law

[10/30/2012 Press-Release] California Attorney General Kamala D. Harris Notifies Mobile App Developers of Non-Compliance with California Privacy Law: San Francisco -- Attorney General Kamala D. Harris this week began...more

Innovative Design Protection and Piracy Prevention Act (IDPPPA) and the Innovative Design Protection Act (IDPA) – What's Next for...

The IDPPPA (H.R. 2511), a bill pending in the House of Representatives, is a proposed amendment to the Copyright Act that provides for a three-year term of protection for original elements or arrangements of fashion designs...more

CASL Enforcement Bulletins Released by CRTC: Increased Compliance Burden on Business

The Canadian Radio-television and Telecommunications Commission (CRTC) dashed hopes that it will be sensitive to the needs of businesses when enforcing Canada’s anti-spam legislation (CASL). On October 10, 2012 it published...more

Newly Certified SOCAN Tariff 22.A Expands to Cover "Video-Clips"

On October 5, 2012, the Copyright Board of Canada certified SOCAN Tariff 22.A (2007-2010) and CSI Online Musical Services Tariff (2008-2010). The tariffs themselves (SOCAN, CSI), the Board's reasons and a fact sheet are all...more

Jackson Walker VIA Media Postcard - September 2012

In This Issue: - Chip Babcock Communique: The government should think twice before suing Matt Bissonnette for his eyewitness account of the Osama Bin Laden raid in No Easy Day. - In Memoriam: When Ann...more

Five Cases That Shook the World: An Entertainment Lawyer's Guide to the Copyright Pentalogy

Yowza. That disturbance in the force you felt on July 12, 2012 was the world of Canadian copyright law shifting slightly on its axis. The Supreme Court of Canada simultaneously released its decisions in five cases, cases...more

Crank It to 11: Bill C-11 Receives Royal Assent - What Changes for Entertainment Lawyers

Bill C-11 (The Copyright Modernization Act) has received Royal Assent (on June 29, 2012). In summary terms, here are the top eleven critical changes rendered by this legislation which are of importance to Canadian...more

Georgia Governor Signs Sweepstakes Bill, Myspace Settles Privacy Charges with FTC

Georgia's governor signed Senate Bill 431, a bill intended to regulate Internet cafes by prohibiting "any promotion involving an element of chance which involves the playing of a game on a computer, mechanical device, or...more

Don’t Bet on Online Gambling; But Online Trivia for Prizes?

The Texas Attorney General issued an opinion yesterday concluding the mere payment of an entry fee to participate in a contest that tests skill or speed, and that does not involve an element of chance, could be found not to...more

Rb. 's-Hertogenbosch 26 januari 2012, Mediaforum 2012/5, Nr. 15 m.nt. H.P. Wiersema en J.J.R. Lautenbach

In 2011 laaiden discussies op over de subsidiëring (lees: bekostiging) van de regionale omroepen door de provincies. Provincies zoeken naar manieren om te bezuinigen en bij die zoektocht wordt ook de cultuursector onder de...more

Advertising Law -- March 8, 2012

In This Issue: *Jordan's Suit Not a Slam Dunk *Mobile App Makers Reach Agreement with California AG *"Free" Offers Result in $359 Million FTC Settlement *White House Issues "Bill of Rights" for Consumer...more

Sports Law Update -- March 2012

In This Issue: Several pro teams are eyeing possible stadium replacements or renovations this year, including the St. Louis Rams and the Minnesota Vikings. What are some of the major stadium negotiation issues,...more

2011 Media Year in Review

2012 is here, and in our first issue in the New Year, the Media Law Bulletin is taking a look back at some interesting legal developments of 2011: the Ninth Circuit Court of Appeals ruled on the Digital Millennium...more

De lokale zorgplicht voor publieke media, Mediaforum 2012/2

Gemeentebesturen hebben sinds 1 januari 2010 een wettelijke zorgplicht voor de bekostiging van de lokaal aangewezen publieke media-instelling. Over de invulling van deze zorgplicht en de grenzen aan de uitvoering bestaat...more

Legal Issues Associated with Mobile Marketing to Sports Fans

More and more sports teams and advertisers are reaching sports fans through their mobile devices. Mobile devices are typically used by only one person and are accessible anywhere, anytime, making it a very effective method...more

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