Communications & Media Art, Entertainment & Sports Civil Procedure

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
News & Analysis as of

Trademark Review | August 2015

The Redskins Lose Again (Off the Field)- A federal District Court affirmed the Trademark Trial and Appeal Board’s (TTAB) ruling that “Redskins” cannot be registered as a trademark for use in connection with a...more

Do Not Mess With Michael Jordan And His Right Of Publicity

After Michael Jordan was inducted into the Basketball Hall of Fame in September of 2009, Sports Illustrated ran a special issue to commemorate Jordan’s achievement and celebrate his career. The issue was to be sold in...more

Strip Club Beats TCPA Case With Human Intervention

The Sapphire Gentlemen’s Club in Las Vegas sends promotional text messages to its customers. Doing so involved multiple steps. First, a Club employee inputs telephone numbers into a mobile marketing website. He does this by...more

Caveat Opposer: Preclusion Lurks at the TTAB

Recently, the Trademark Trial and Appeal Board (the “TTAB”) held that an unsuccessful opposer was precluded from later pursuing a cancellation against the same trademark owner, even though the opposer assumed a different...more

Air Jordan Grounded in China

Michael Jordan is considered by many to be the greatest basketball player of all time. Beyond his five MVP trophies and six NBA championship rings, however Jordan also was the one of the most widely marketed athletic...more

Hold the (cell) phone! NFL Lawsuit May Hinge on Spoliation

Across New England, armchair attorneys and quarterbacks alike are talking spoliation, discovery, and cell phones. With National Football League Commissioner Roger Goodell’s announcement of his decision on New England...more

Harry Potter Lawsuits And Where To Find Them

On July 31, 2015, Harry Potter author J.K. Rowling celebrates her 50th birthday, according to muggle sources. The enormous success of Rowling’s literary creation and its associated multimedia empire has spawned countless...more

60s On 6; Sirius Trouble

SiriusXM Radio operates both satellite and internet radio, broadcasting many stations for every musical taste. Its Channel 6 features music from the 60s and called 60s on 6. In September 2014, Judge Philip Gutierrez in the...more

Clark v. Viacom - USCA Sixth Circuit, July 8, 2015

Sixth Circuit affirms dismissal of defamation claims brought against Viacom by former American Idol contestants, holding that Tennessee’s “single publication rule” applies to online speech and thus majority of allegedly...more

Trademark Review | June 2015

Is PRETZEL CRISPS a Generic Term? Federal Circuit Resets Standard for Genericness - In an earlier precedential decision, the TTAB held there was a dichotomy in the standard for determining whether an applied-for mark...more

Richard Prince Once Again Pushes The Limits Of Fair Use

Richard Prince is either on the very edge of fair use or is engaging in blatant copyright infringement. Unlike most however, Prince has been down this road before; accused of infringement and a defense based entirely on fair...more

8th Circuit Revives Dismissed TCPA Action

On June 8, 2015, the 8th Circuit reversed the Eastern District of Missouri and revived class claims in Golan et al. v. Veritas Entertainment, LLC et al. In Golan, the plaintiff alleged that the defendants—producers of the...more

Court Declines To Certify Damages Class in Baseball Blackout Suit

On May 14, 2015, the Southern District of New York issued two opinions in Laumann v. Nat’l Hockey League, No. 12-cv-1817, excluding plaintiffs’ damages expert under Daubert and denying plaintiffs’ motion to certify a damages...more

Michael Jordan Defends His Right to Remain in Court to Protect His Likeness

On March 19, 2015, Wilson Elser published “Michael Jordan Denied Summary Judgment on His Right of Publicity Claim against Illinois Grocer,” an Alert concerning a case in which Michael Jordan was denied summary judgment on his...more

Who’s on First? Depends if Fair Use is on Second and Public Domain is on Third

Abbott and Costello’s “Who’s on First?” brings back memories of my seventh-grade talent show where I performed the routine with Brandon Berry at Atascocita Middle School. I can’t remember if we won second or third place —...more

Another Round with Pacquiao?

It was inevitable. Following his “Fight of Century” with Floyd Mayweather, Jr. on May 2, 2015, Manny Pacquiao has been named in a class action suit filed in Nashville for allegedly defrauding pay-per-view customers. The...more

Richard Prince’s Instagram Art: Do You Know Where Your Face Is?

Social media, it seems, has turned us all into photographers. Anyone with a Facebook page, an Instagram account or any of the other methods for socializing on the web, can post original photos for all the world to see,...more

Ninth Circuit En Banc Reverses Injunction Against YouTube Display of “Innocence of Muslims”

In Garcia v. Google, No. 12-57302 (9th Cir. May 18, 2015), the en banc Ninth Circuit reversed a prior panel decision and held that an actress was not entitled to a preliminary injunction removing all copies of a film from...more

Locke Lord QuickStudy: Ninth Circuit Reverses Takedown of Controversial Trailer from YouTube

After an en banc review, the Ninth Circuit reversed a preliminary injunction against YouTube requiring the takedown of the controversial trailer of the film “Innocence of Muslims.” The preliminary injunction was granted by a...more

Garcia v. Google: Ninth Circuit En Banc Denies Actor’s Copyright Claim In Her Performance

This blog previously discussed the Ninth Circuit Court of Appeals opinion in Garcia v. Google, Inc., (9th Cir. 2014) 766 F.3d 929, reversing a decision of the district court. On Monday, the Ninth Circuit, en banc, in Garcia...more

I Didn’t Say That – The Ability of Actors to Control Their Performances Under Canadian Copyright Law

When the United States Ninth Circuit Court of Appeals issued its 2014 opinion in Garcia v Google, its tentative conclusion that actors might enjoy copyright protection in their on-screen performances was met with vociferous...more

Full Ninth Circuit Nixes Controversial Copyright Decision

On Monday, May 18, 2015, the Ninth Circuit, sitting en banc, overturned a highly-controversial opinion in Garcia v. Google, Inc., in which a three-judge panel of the Ninth Circuit reversed the trial court and held that an...more

Rolling With the Punches: The Fight Over Livestreaming

Boxing fans eagerly awaited the May 2, 2015, championship match between boxers Floyd Mayweather, Jr. and Manny Pacquiao. But the fight also drew the interest of those following online video apps Meerkat and Periscope....more

Live Streaming Apps Raise New/Old Copyright Concerns

Periscope (owned by Twitter) and Meerkat are two new “live streaming” apps which allow users to live stream videos from their phones. These applications could potentially change the way live sporting or music events are...more

Second Circuit Affirms Victory for Pandora On Music Streaming Rights

On May 6, 2015, in Pandora Media, Inc. v. American Society of Composers, Authors, and Publishers, the Second Circuit held that composers and music publishers cannot partially withdraw from the American Society of Composers,...more

234 Results
|
View per page
Page: of 10

Follow Communications & Media Updates on:

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×