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Risks Of Tribute Advertisements Are Focus Of Seventh Circuit Decision

Think the First Amendment protects your business from liability for running an ad congratulating a celebrity or other public figure? Better think again. ...more

Football rights guidelines approved by Agcom!

Further to the preliminary inquiry carried out by the Italian Communication Authority (Agcom) with operators holding a direct interest in the sale of media rights for the Italian football seasons (as discussed here),...more

Antennas, Broadcasting, and Copyright: The Supreme Court’s Review of ABC v. Aereo

US law provides copyright owners with a bundle of rights to protect their original works, including the exclusive right to publicly perform the copyrighted work. The question of what constitutes a public performance has...more

Capturing Tiger Woods at The Masters

My second favorite golf major, The Masters, starts tomorrow in Augusta, Georgia. And as much as I dislike its history of racism, misogyny, and banning an announcer because he used the terms “bikini-waxed” and “body bags”...more

Applause Can Come with a Big Price Tag - Michael Jordan v. Jewel Food Stores, Inc.

Paying tribute to celebrity can sometimes be an expensive proposition. A Chicago grocery store chain found this out the hard way when the U.S. Court of Appeals for the Seventh Circuit handed down its decision in Michael...more

Advertising Law

SPECIAL FOCUS: Supreme Court Adopts Broad Standing Test for False Advertising Plaintiffs - On March 25th, the Supreme Court issued its long-awaited opinion regarding the test for standing in false advertising cases...more

It’s a Mouse World After All

Deadmau5 (\’ded-mau's\; a.k.a. Joel Zimmerman) is a popular house music artist who performs wearing a mouse-like head covering called the mau5head. On Twitter he calls himself an “Event Driven Marketing specialist,” so I...more

Google Ordered to Remove All Copies of Anti-Islamic Film From YouTube After Actress With Bit Part Threatened by Outraged Muslims;...

An aspiring actress moves to California and finds her life threatened. While standard fare for pulp fiction, the case of Garcia v. Google involves a twist on this well-worn plot line that not even the most imaginative...more

Social Media Fan Accounts: Honoring a Celebrity’s Brand or a Trademark Violation?

Social media has become a powerful marketing tool, allowing celebrities to develop their brands and images with the help of Facebook updates or Tweets that can reach millions of fans at the same time. Given the importance of...more

Antitrust Claims Against SESAC Copyright Licenses Permitted To Proceed

Performing rights organizations (PROs) are entities that issue licenses to, and collect royalties from, television stations and other parties who wish to perform or dylanbroadcast copyrighted musical compositions. There are...more

Legally Compliant Online Promotions - Doing Online Promotions Without Getting Sued

In This Presentation: - User Generated Content ..What, Me Worry? What could go wrong with UGC? - The Communications Decency Act ..Section 230 - The DMCA ..Safe Harbor - Sweepstakes, Contests and...more

Advertising Law - Mar 14, 2014

Sue Like Mike: Jordan Wins Reversal in Publicity Rights Suit - An advertisement congratulating Michael Jordan on his induction into the Basketball Hall of Fame constituted commercial speech, the Seventh U.S. Circuit...more

Advanced Copyright Issues on the Internet

In This Publication: - I. Introduction - II. Rights Implicated By Transmission And Use Of Works On The Internet - III. Application Of Copyright Rights To Specific Acts On The Internet - IV....more

Garcia v. Google, Inc. - USCA Ninth Circuit, February 26, 2014

Garcia v. Google, Inc. - USCA Ninth Circuit, February 26, 2014 - In Depth - Ninth Circuit panel rules that Google must remove Innocence of Muslims video from YouTube, concluding that plaintiff actress,...more

Cyberlaw: Of Athletes And Video Games

Can a video game company use an athlete’s likeness in a game without his or her permission? The answer is maybe. The Ninth Circuit recently rejected Jim Brown’s Lanham Act Section 43 claim against Electronic Arts, Inc....more

Sports, Media and Entertainment Intelligence - March 2014

Italy: Opportunities for DTT frequencies in the Italian market - The Italian Ministry for Economic Development has started a competitive bid for three national DTT frequencies. Australia: Senate scrutinises state of...more

Liability Insurer May Have to Cover Knockoff Jewelry Site for Allegedly Violating Reese Witherspoon’s Right of Publicity

Have you always wanted to own “The One Ring to Rule Them All” of Lord of the Rings fame? Do you dream of an engagement ring just like Kate Middleton’s? Your dreams can come true with a visit to Emitations.com, a website...more

Experience Jimi Hendrix, Post-Mortem Publicity Rights - Experience Hendrix LLC et al. v. HendrixLicensing.com LTD et al.

The U.S. Court of Appeals for the Ninth Circuit, reversing a district court’s ruling finding unconstitutional the provisions of the Washington Personality Rights Act pertaining to post-mortem publicity rights, qualified that...more

Collective Rights Management Directive Adopted by European Parliament

On 20 February 2014, the European Parliament adopted the collective management of copyright and related rights directive (Directive), which aims to make it easier for online providers to stream music in multiple EU countries....more

Nine Thoughts On The Ninth Circuit’s “Innocence of Muslims” Copyright Decision

By now, you’ve probably heard the agonized shrieks of your friendly neighborhood copyright lawyer, decrying the Ninth Circuit’s opinion Garcia v. Google. If you haven’t had the time or inclination to read the opinion, here is...more

NPE Tough Talk Promising Litigation Against Comcast Becomes Self-fulfilling Prophecy

Comcast Cable Communications, LLC (“Comcast”) initiated a declaratory judgment action relating to the following three patents owned by Eclipse IP LLC (“Eclipse”)...more

Community Television of Utah, LLC v. Aereo, Inc. - USDC, D. Utah, February 19, 2014

In another iteration of the ongoing conflict between television content owners and the Internet television company Aereo, a Utah district court enters a preliminary injunction against Aereo, pending the U.S. Supreme Court’s...more

Collecting Societies Overhaul

With harmonisation of collective rights management in the EU having been on the European Commission’s agenda since as far back as 1995, 4 November 2013 saw the conclusion of negotiations concerning the Directive on collective...more

There is only one Lord of the (Olympic) Rings…but then there was Sochi

As we have posted about more than a few times on DuetsBlog over the years (like here and here), the OLYMPICS trademark and the Olympic Rings mark are highly enforced marks that uniquely bear special protection granted from...more

MBHB Snippets: Review of Developments in Intellectual Property Law - Volume 12, Issue 1 (Winter 2014)

In This Issue: Experience with the USPTO’s First Action Interview Program; “Patent Trolls” Beware – Congress Tackles Vexatious Patent Litigation; Evolving Data Protection Regimes in the Asia-Pacific Arena and Their...more

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