Communications & Media Intellectual Property General Business

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.
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Financial Projections, Strategic Plans, And Customer Contract Proposals Can Be Trade Secrets

Two competitors who do research and analysis for advertisers and media companies, concerning how television viewing impacts consumer purchasing, have been in a legal battle over alleged trade secret misappropriation, patent...more

Is Gatorade Gonna Hate Hate Hate?

It may be because I attended her concert last weekend, but a new trademark lawsuit brought by the owner of the GATORADE mark made me think of Taylor Swift. One of her popular songs, “Shake it Off” has a chorus that says,...more

Georgia Court Holds Coverage Triggered for Product Disparagement Claim

In its recent decision in Foliar Nutrients v. Nationwide Agribusiness Ins. Co., 2015 U.S. Dist. LEXIS 125528 (M.D. Ga. Sept. 21, 2015), the United States District Court for the Middle District of Georgia had occasion to...more

A BrandVerb Uber Alles?

Uber, the popular brand that helps people arrange prompt ground transportation, is now also being called a verb. The Star Tribune recently reported that the founder of iHail, a recent competitor of Uber in the Twin Cities...more

Alert: Ninth Circuit: Copyright Owners Must Consider Fair Use Defense Before Sending Takedown Notices

On September 14, 2015, the Ninth Circuit Court of Appeals held that parties who send "takedown notices" under the authority of the Digital Millennium Copyright Act ("DMCA") must consider whether the subject work constitutes a...more

Landmark Case for Abuse of Personal Data

In the September 9th landmark decision, the Hong Kong Magistrates' Court convicted Hong Kong Broadband Network ("HKBN") of a criminal offence for failing to comply with the direct marketing provisions of the Personal Data...more

Proof of Confusion Essential for Trademark Injunction - Arborjet, Inc. v. Rainbow Treecare Scientific Advancements, Inc.

Addressing the likelihood of success requirement for injunctive relief, the U.S. Court of Appeals for the First Circuit vacated an order requiring trademark attribution where the district court had not found a likelihood of...more

Intellectual Property and Technology News - Issue 27 Q3 2015

In This Issue: How Private is That Connected Car? US v EU Among the fastest growing sectors in the industry of smart things is the connected car. No longer a simple way from point A to point B, cars now comprise a...more

Landlords Beware

Courts from California to New York have long held landlords accountable for contributory trademark infringement in knowingly leasing real property for unlawful trades, manufacture or business, when those landlords rent space...more

IP Law Tracker Docket Review

Each month, we review significant intellectual property decisions from the U.S. Court of Appeals for the Sixth Circuit and the U.S. District Courts for the Eastern District and Western District of Michigan. Below is the...more

Beer for Breakfast: Lessons in Co-Branding from General Mills

Yesterday General Mills announced that it had partnered with Fulton Brewery to create HefeWheaties: a limited edition brew. The beer is a Hefeweizen, which is traditionally a wheat-based beer, making it a perfect canvas for...more

The Katten Kattwalk - Issue 07

Happy summer! We are seeing some great new styles this summer here on Madison Avenue, and of course, there are a number of hot legal issues to consider as we head into the fall. Our latest issue discusses the applicability of...more

The New Cuba Reality and Your Intellectual Property

With the recent changes to the Cuba-U.S. relationship, certain aspects of the Cuban economy are opening up to U.S. companies. You may now be contemplating joining other businesses that are or will be selling or manufacturing...more

Social Media Adds Kick to Beer-Themed Trademark Battle

As social media and the numerous platforms continue their exponential growth in popularity and constant evolvement, legal issues surrounding their use also will inevitably emerge. A recent case filed in the Western District...more

Rebuffing Critics, Supreme Court Re-Affirms Ban on Post-Expiration Patent Royalties

Fifty years ago, in Brulotte v. Thys Co., the U.S. Supreme Court held that the collection of royalties after a patent’s expiration constitutes per se patent misuse. Brulotte has been widely criticized as economically...more

The 'Super Powered' Rule of Stare Decisis Defeats Spider Man

The Supreme Court of the United States, in a 6-3 decision, left undisturbed the rule from its 51-year-old decision in Brulotte v. Thys Co. (1964), invoking stare decisis and rejecting arguments seeking to overturn the rule...more

Supreme Court Upholds Ban on Patent Royalties After Patent Term Expiration in Kimble v. Marvel Entertainment, LLC, No. 13-720...

On Monday, June 22, 2015, the Supreme Court reaffirmed its earlier precedent barring royalties on a patent after the patent term expires. Kimble v. Marvel Entertainment, LLC, No. 13-720 (U.S. June 22, 2015). Justice Kagan...more

Counts v. Meriwether - USDC, C.D. California, June 12, 2015

District court dismisses breach of contract and conversion claims in lawsuit brought by two screenwriters who alleged defendants used script to create television series "New Girl," holding breach of contract claim was...more

What You Need to Know About .Sucks Domain Names

Over the past two years, more than 500 new top-level domains (TLDs, or the words to the right of the dot in a domain name, such as .com or .edu) like .attorney, .consulting, .menu, and even .rocks have launched. But none has...more

Broadcast Music, Inc. v. Pandora Media, Inc. - USDC, S.D. New York, May 28, 2015

After five-week bench trial, district court holds BMI's proposed license fee of 2.5 percent of Pandora's gross revenue was reasonable, using Pandora's 2013 direct licenses with Sony/ATV and Universal Music Publishing as...more

E-Commerce's Hidden Legal Issues

Less than 25 years ago, e-commerce was something not far removed from the stuff of science fiction. Today, it annually accounts for trillions of dollars in global sales. But, you should know, e-commerce presents legal issues...more

Small Businesses Need Help Protecting Intellectual Property Rights

Trademark infringement and other issues regarding intellectual property rights are part and parcel of developing and marketing new products in a competitive market. In protecting their own intellectual property, businesses...more

Spain: TV rights dispute threatens La Liga

Spain’s Football Federation has recently suspended the Spanish league and cup matches from this weekend onwards in protest of the recent law on the collective sale of television rights and the distribution of revenue, Royal...more

Like It or Love It: How Not to Get Pinned (Legally) When Using Social Media to Promote Your Brand

Twitter®, Instagram®, Facebook®, Pinterest® and other social media websites and apps are great ways to interact with friends, family and potential customers. They are great avenues for advertising and promotion of one’s...more

Trademarks Can Be a Bitch

And I mean that literally. We’ve laid down a lot of digital ink in the past about pejorative marks – lately in reference to the Redskins and The Slants, both of which have been deemed disparaging enough to deny them a...more

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