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

0.44% of NFL Brains

by Wilson Elser on

When The New York Times reports that 110 out of 111 NFL brains (99.09%) have chronic traumatic encephalopathy (CTE), everyone pays attention. Mothers worry about their kids. Some worry about their jobs. Senate subcommittees...more

When is July 4 this year? When is North Carolina’s FIRST TUESDAY Lottery? and Descriptiveness

In In re North Carolina Lottery, [2016-2558] (August 10, 2017), the Federal Circuit affirmed the refusal of registration of FIRST TUESDAY in connection with lottery services and games on the first Tuesday of each month....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

Joust Do It? A New Form of Nike Battle Cry?

By now, you’re familiar with my enjoyment in capturing and sharing new billboard signage that hits the streets of the Twin Cities. Question, what tagline might have inspired this one?...more

will.i.am: registered.u.r.not

In In re I.AM.SYMBOLIC, LLC, [2016-1507, 2016-1508, 2016-1509] (August 8, 2017), the Federal Circuit affirmed the decision of the TTAB affirming the Trademark Examiner’s refusal of registration of the mark I AM on grounds of...more

‘Tis the Season to Plan Ahead for Celebrity Endorsement Campaigns

by Perkins Coie on

The holiday season is around the corner, and retailers are planning their holiday marketing campaigns. Celebrity endorsements continue to be a popular way to bolster brand recognition and goodwill during the holidays and...more

Key SCOTUS Decisions in Tech – First Half 2017

by Fenwick & West LLP on

Despite being short one justice for much of the year, the U.S. Supreme Court handed down multiple significant decisions this past term that can unsettle long-standing legal understandings in multiple technology fields. These...more

Open Questions on Media Company Liability for Statements Made by Talent

by Akin Gump - Excubitor on

A recent case has raised questions about whether or not a media company can be held liable for defamatory statements made by its talent on social media. The case arose after a falling out between two television stars, Mykel...more

China launches its annual piracy crackdown campaign: focus on online piracy of films and TV programs

by Hogan Lovells on

China’s State Intellectual Property Office has recently announced, in a joint declaration with three other ministerial bodies, the launch of its annual online piracy crackdown campaign called the “Red Shield Net Sword...more

Settling the Hawkwind Trademark Flap

by McDermott Will & Emery on

Addressing an opposition to the trademark registration of a band name, the Trademark Trial and Appeal Board (TTAB) found the opposer—the originator and continuous user of the name—to be the owner and prior user. Dave Brock v....more

EU institutions vote for more books for blind and visually impaired people

by Hogan Lovells on

Four years after signing the Marrakesh Treaty (introduced by the WIPO) to Facilitate Access to Published Works for Persons who are Blind, Visually Impaired, or otherwise Print Disabled, the EU institutions finally voted for...more

Celebrity Endorsement Provokes Patent Infringement Claim

Snap Light LLC recently filed suit against Kim Kardashian’s company Kimsaprincess, Inc., as well as her collaborator Urban Outfitters, Inc., for patent infringement. As improbable as that sounds, knowing that the patent in...more

Music Licensing Basics: How to Legally Use Someone’s Music in Your Business

by Knobbe Martens on

Introduction - •Music copyrights: –Musical works – sheet music and lyrics •Author is generally composer/lyricist and controls •Can be administered through a music publisher - Please see full Presentation below...more

What the *TM*?!?! The Disparagement Clause has been Bleeped.

by Knobbe Martens on

Trademark law is an important form of protection for the fashion and beauty industry. It protects both brand owners and consumers by regulating the registration of brands, or source identifiers, of fashion and beauty...more

Mark Madness: Avoiding Trademark Landmines in College Sports

by Patrick Law Group, LLC on

Recently, the Washington Post reported on a Maryland high school’s thwarted attempt to expand its use of a green hornet mascot logo which resembles Georgia Tech’s famous “Buzz” mascot trademark. The Damascus Swarmin’ Hornets...more

Graffiti Artists Tag Camuto Fashion House for Copyright Infringement

by Dorsey & Whitney LLP on

Earlier this month, four Los Angeles-based graffiti artists, “Rime,” “Host18,” “Taboo” and “Reme” filed suit against the Vince Camuto fashion house and related entities alleging copyright infringement for “inexplicably...more

Upon Further Review – Nationals Get Second Swing At Orioles Over TV Dispute

by Fox Rothschild LLP on

A New York court of appeals last week declared the Orioles and Nationals will play extra innings in the teams’ longstanding dispute over fees the Orioles’ Mid-Atlantic Sports Network (MASN) owes the Nationals for broadcasting...more

Stuntman’s death on ‘The Walking Dead’ set a sad reminder of common workplace hazards

by FordHarrison on

Tragically, stuntman John Bernecker died last week in Atlanta after falling 30 feet to a concrete floor while working on a fight scene for AMC’s zombie-apocalypse series “The Walking Dead.” In response, the show temporarily...more

DraftKings and FanDuel Call Off Merger Following FTC Intervention

On July 13, 2017, daily fantasy sports providers DraftKings and FanDuel announced their decision to call off their proposed merger. Last month, the United States District Court for the District of Columbia issued a temporary...more

Free speech legal battle changes law on disparaging trademarks

by McAfee & Taft on

Last month, in Matal v. Tam, the U.S. Supreme Court affirmed the Federal Circuit Court of Appeal’s decision that struck down a portion of Section 2(a) of the Lanham Act....more

FTC Temporarily Halts Proposed DraftKings-FanDuel Merger

On June 20, 2017, the United States District Court for the District of Columbia issued a temporary restraining order blocking the daily fantasy sports (DFS) companies DraftKings and FanDuel from consummating their proposed...more

Master of Your Domain – ACPA Damages Sought by Greg LeMond

by Dorsey & Whitney LLP on

You might want to think twice before registering a domain name containing a competitor’s personal name or trademark. Three-time Tour de France winner Greg LeMond put his “pedal to the metal” recently, suing two Minnesota...more

Can’t Say “I Ain’t Mad At Cha” for Copying Me

by Knobbe Martens on

On June 1, 2017, noted music and fashion photographer Danny Clinch filed suit in the Southern District of New York in connection with the use of two photographs of famed rapper Tupac Shukar (“Tupac”) on t-shirts. The...more

What’s In a Name?

by Pessin Katz Law, P.A. on

On June 19, 2017, Justice Samuel A. Alito, delivered the unanimous opinion of the United States Supreme Court (the “Court”) in Matal v Tam, No. 15-1293, Oct. Term, 2016, argued January 18, 2017. Simply stated, the Court...more

Far-reaching decision by the CJEU on copyright: The Pirate Bay can be blocked by ISPs!

by Hogan Lovells on

Swiftly following the CJEU decision in Filmspeler, in which the Court found that the selling of multimedia players with add-ons to illegal streaming websites amounted to copyright infringement, the CJEU has confirmed that an...more

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