Communications & Media Art, Entertainment & Sports

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Liability of an internet subscriber for acts of copyright infringement over the internet

A United States film studio, Dallas Buyers Club LLC, made news last year for commencing legal proceedings against internet subscribers for copyright infringement for downloading the movie “Dallas Buyers Club”. ...more

Mila Kunis’ open letter on gender bias at work

Many people know actor Mila Kunis for her role in the TV series “That ’70s Show” and her film roles in Forgetting Sarah Marshall and the drama Black Swan. Kunis has recently been in the headlines for her open letter on sexism...more

Professional Hockey Player Did Not Breach Morals Clause in Endorsement Contract, Ontario Court Rules

Brand owners have engaged celebrity endorsers to sell products for decades, but not all of them make it through a celebrity endorsement unscathed. O.J. Simpson, Chris Brown, Tiger Woods and Ryan Lochte are among the celebrity...more

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Torture Victims Protection Act (TVPA)/Anti-Terrorism Act (ATA) - District Court Dismisses ATS Claim Where Alleged Conduct in US Was Not Directly Linked to Injuries Claimed in Other Countries...more

Manatt Digital - November 2016

Video Content Consumption (Then and Now) - It’s no secret that the digital-content-consumption landscape is evolving and at an increasingly rapid clip. One byproduct of this ongoing progression is that oftentimes...more

Be Prepared Even if Taking the Wait and See Approach

My son is addicted to movie trailers. Don’t get me wrong, I love movie trailers myself, but my son takes it to another level. I recently checked the YouTube history on the iPad we permit our kids to use and found that instead...more

The Song Remains the Same

The U.S. Department of Justice recently announced that there would be no modifications to the 1941 ASCAP and BMI antitrust consent decrees. The main thrust of the DOJ decision was a confirmation that each consent decree...more

Ohio Supreme Court Rules No Compensable Taking Occurred as a Result of Filming Captain America: The Winter Soldier in Downtown...

Earlier this month the Ohio Supreme Court ruled that reduced access to a downtown Cleveland parking lot did not constitute a compensable taking under the Ohio Constitution. The case arose after the City of Cleveland granted a...more

You Just Used My Picture Without Permission?

Artist Richard Prince’s exhibit entitled “New Portraits’’ was displayed at New York City’s Gagosian Gallery and Frieze New York during the summer of 2015. This exhibit featured screenshots of other people’s Instagram photos....more

Some Like It Infringed? Monroe Estate Continues Intellectual Property Battles Despite Lack of Publicity Rights

On Wednesday, November 9, 2016 the estate of Marilyn Monroe filed a complaint in the Southern District of New York against Fashion Central. The Monroe Estate claims that Fashion Central infringes its intellectual property...more

IMDb Challenges Recent California Law Shielding Actors’ Ages

IMDb.com Inc., the creator of the popular online database of movies and industry professionals, has filed suit in federal court challenging the recently enacted California Assembly Bill 1687 that requires the deletion of an...more

‘Lovable losers’ no more: Cubs set for marketing blitz

It only took 108 years. Last week, the Chicago Cubs became the World Series Champions, winning Game 7 — a blood pressure-busting contest with the Cleveland Indians that went 10 innings and included back and forth scoring,...more

Office Christmas Party–strategies to avoid the legal fallout

You may be wondering why I selected to write about a movie that is not yet in the theaters. Truthfully, I do not need to see the movie to write about its relevance to HR issues. In fact, all that’s necessary is to read the...more

Claims against Cloud Storage Service Hinge on Grant of Rights Clause

In a dispute that touches on the intersection of copyright, contract law and cloud technology, the Second Circuit affirmed the dismissal of copyright claims against Barnes & Noble (“B&N”) related to ebook samples stored on a...more

CASL News: The CRTC Provides Long-Awaited Guidance on Implied Consent and the Assessment of Administrative Monetary Penalties

Although Canada’s anti-spam legislation (CASL or the Act) has been in force since July 1, 2014 and a number of substantial penalties have been imposed under its terms, the Canadian Radio-Television and Telecommunications...more

Alert: FCC Considers Extending Waiver of Accessibility Requirements for Video Game Software

Under the Twenty-First Century Communications and Video Accessibility Act of 2010 ("CVAA"), video game consoles and controllers, software and related services must be accessible to and usable by individuals with disabilities....more

What's Happening with the Redskins Case?

For the past few years, the first question us trademark lawyers get asked at cocktail parties is, “What’s going to happen to the REDSKINS trademark?” – and now lawyers and football enthusiasts will have to wait until at least...more

Employers haunted by Halloween

Happy Halloween! We hope you are getting only treats today and no tricks. But in keeping with the holiday spirit, today’s post highlights some unintended tricks employers may face from Halloween. ...more

FanDuel, DraftKings Settle Fantasy Sports Lawsuit with New York AG

This week, the office of the New York Attorney General (the “AG”) announced that it had reached a settlement with both FanDuel and DraftKings, resolving the State’s deceptive marketing practices lawsuit. We had previously...more

NAB Agreement With Sony Brings Flexibility Back to Music Streaming

The NAB has negotiated a waiver agreement with Sony Music Entertainment that will once again enable radio stations to stream Sony-licensed music unhindered by certain restrictions established by the statutory music streaming...more

October 2016: Entertainment Litigation Update

Pokémon GO: What Legal Pitfalls Await Augmented Reality Games? On July 6, 2016, Pokémon GO launched in the United States to immediate popularity—more than 45 million people downloaded and played the game on their smartphones...more

Losing Control of V

A common client question is: “Can I ‘get in trouble’ for copying a picture, drawing, or cartoon and pasting it into my report, PowerPoint, etc.?” Before you can answer, they try to answer their own question, adding “Everyone...more

qech wej QaD trademark nIH (Trademarks Don’t Protect Ideas)

Lucas Film Limited has sued Michael Brown and his Light Saber Academy for trademark infringement, unfair competition, dilution, cybersquatting, state unfair competition, and dilution, arising from Mr. Brown’s running an...more

Court Holds That Fashion Designer Karen Millen Cannot Use Her Name in Connection with Future Clothing Lines

A recent UK court held that Karen Millen, a fashion designer and co-founder of the Karen Millen brand, was prohibited from using her name, KM or K.Millen or any other confusingly similar names in connection with clothing and...more

Terminating the walking dead employee: What would Negan do?

Like many of you, I am still reeling from the brutal season opener of The Walking Dead. Looking at the episode through the lens of an employment lawyer, a few thoughts came to mind: first, Negan’s managerial style is a tad...more

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