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

Former Rutgers Player Sues Alma Mater Over Nickname

by Winthrop & Weinstine, P.A. on

Moving along from Steve’s post on our alma mater of the University of Iowa, a former Rutgers football player has a more negative view of his former school. A few years ago, the Rutgers football program started allowing...more

No Fairytale Ending for Unauthorized Movie Streaming

by McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit affirmed a preliminary injunction against an online video streaming service, finding that the movie studio plaintiffs were likely to succeed on the merits for violations under the...more

Sorry, Will – I AM Refused Registrations

by McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit affirmed a refusal to register the mark I AM for various goods based on a likelihood of confusion with registered marks, concluding that the pseudo applicant’s trade moniker was...more

California Court Unfriends Rapper’s ROP Claims

by McDermott Will & Emery on

The Court of Appeals for the State of California upheld a trial court decision granting defendant’s motion to strike under California’s anti-SLAPP statute but remanded the position denying defendant’s motion to strike the...more

Hackers Score Touchdown: NFL Players Association Hit With Data Breach

A data breach of the National Football League Players Association’s (“NFLPA”) website has exposed the personal information of nearly 1,200 players and agents....more

Privacy Tip #108 – October is National Cybersecurity Awareness Month: Beware of Scam Netflix Email

Happy National Cybersecurity Awareness Month. I wish it was more uplifting than the current state of affairs, but it has never been so important. ...more

Record Jury Verdict for New Hampshire Defamation Plaintiffs

by Akin Gump - Excubitor on

A New Hampshire jury has awarded nearly $275 million to three men publicly alleged to be drug dealers, money launderers and extortionists by local businessman and radio host Michael Gill. The verdict—thought to be the largest...more

Paid to Post? #FTCAdvice for Influencers

In our previous blog post, “#CAUTION: FTC Ramps Up Enforcement of and Education on Social Media Influencer Disclosure Requirements,” we discussed a recent Federal Trade Commission (the “FTC”) settlement and the FTC’s...more

Utility Patents in Fashion Design? Nike & Huzu Innovate The Way

by Knobbe Martens on

Edited by Catherine Holland   What is a Utility Patent? Utility patents cover a new and useful process, machine, manufacture, or composition of matter.  Design patents are much more common in the fashion industry since design...more

9th Circuit’s VidAngel decision vindicates lawful video filtering service

by Thompson Coburn LLP on

Some have cast the Disney v. VidAngel proceeding, decided August 24 by the 9th Circuit, as the “big studios” versus the “little guy”; the movie studios’ collective effort to kill filtering. This is far from the truth....more

The importance of intellectual property notices

by McAfee & Taft on

So you have a patent, trademark, or copyright that you want the public to know you have rights in? How do you provide such notice? The answer is marking your intellectual property (IP) with symbols such as Pat., Pat. Pending,...more

Gavel to Gavel: Scandalous and immoral (trademarks)

by McAfee & Taft on

Since 1946, federal law has prohibited registration of scandalous, immoral and disparaging trademarks. This summer, the U.S. Supreme Court found the prohibition on disparaging trademarks to be unconstitutional, creating...more

The Washington Redskins Win Their Trademark Battle in Overtime

by Garvey Schubert Barer on

Simon Tam of the Asian rock band, The Slants, probably was not envisioning an 8-year-long legal battle when he chose the group’s name. Slant is known as a racial slur for Asians. Tam hoped to strip the term of its derogatory...more

Just Push the Button! Instagram’s Response to Influencers, Hashtags and Disclosures

by Patrick Law Group, LLC on

In April, the Federal Trade Commission (“FTC”), after reviewing Instagram posts by celebrities, athletes, and social media influencers, issued 90 letters reminding influencers and marketers about the FTC’s requirements that...more

Got Game? Privacy Exclusion Results in Denial of Coverage in L.A. Lakers TCPA Suit

An insurance policy exclusion for invasion of privacy claims precludes coverage for the L.A. Lakers in a Telephone Consumer Protection Act (TCPA) suit, according to a divided panel ruling by the US Court of Appeals for the...more

Pinpointing cancer’s cause: a costly, complex, maddening challenge

What exactly causes cancer? That may be, recent news reports indicate: - a question that’s heading into the billion-dollar range for a Big Pharma firm; - a painful conundrum for a Major League Baseball...more

Red Wings vs Right Wings: Copyright Tarnishment and Other Lessons

by Revision Legal on

We wrote recently about our outrage at white nationalists modifying and using the Detroit Red Wing’s famous “winged wheel” logo. Our outrage continues and we take a closer look at the potential lawsuit that might be in order....more

Tatcha v. Too Faced: What Shade is your Trade Dress?

by Knobbe Martens on

Newcomer to the luxury cosmetics marketplace, Tatcha LLC (“Tatcha”), recently made a splash by filing a trade dress infringement lawsuit in the Northern District of California against Too Faced Cosmetics LLC (“Too Faced”), a...more

Ninth Circuit Construes Family Movie Act and Affirms Injunction Against Streaming Service

by Snell & Wilmer on

In December 2016, a California federal court issued a preliminary injunction against VidAngel, Inc.’s custom-filtered video streaming service. Thursday, in Hollywood Studios v. VidAngel, Inc., a Ninth Circuit panel affirmed...more

Coming Into Focus: Recent Decisions Help Define the Scope of Right of Publicity Claims

by Jackson Walker on

When it comes to the right of publicity, it helps to keep tabs on California law. The right to prevent the unauthorized commercial use of a person’s name, likeness or other indicia of identity may vary from state-to-state....more

A Bold Victory for Copyright Fair Use

Get your webcams ready: the reaction video genre got a huge shot in the arm from the Southern District of New York this week. h3h3 Productions, a popular YouTube channel with well over four million subscribers, has been...more

More Details on Matal v. Tam: Are Other Parts of The Lanham Act at Risk?

by Revision Legal on

As we recently discussed in June, the US Supreme Court declared the disparagement clause of the Lanham Act unconstitutional as a violation of the free speech clause of the First Amendment. In general, the disparagement clause...more

Is 2 seconds of television time too much to be a fair use?

by Thompson Coburn LLP on

In a recent episode of "48 Hours," CBS displayed – for two seconds – a copyrighted photograph taken by Steven Hirsch. He sued for copyright infringement. A federal court in Manhattan denied CBS’s motion to dismiss, finding...more

AD-ttorneys@law

by BakerHostetler on

“Iron Mike” Tyson is a controversial sports figure who seems in equal parts loved and loathed by the public. Celebrated for a genuine world-class talent and derided for his behavior in and out of the ring, Tyson has a public...more

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

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