Communications & Media Law, Personal Injury, Intellectual Property

California To Draw The Lines In Disparagement Liability

by Tyler Gerking | Farella Braun + Martel LLP on 5/15/2013

The California Supreme Court has granted review of the Court of Appeal’s decision in Hartford Casualty Insurance Company v. Swift Distribution, Inc., 210 Cal. App. 4th 915 (2d Dist. Ct. App. Oct. 29, 2012), review granted 152...more

Gavel to Gavel: Picture policies

by Jessica John Bowman | McAfee & Taft on 3/14/2013

Originally published in The Journal Record - March 14, 2013. Your company just hosted a successful public event, perhaps a fundraiser for a local charity. The event is over, and all that remains is to post photos from...more

General Liability Policies May Cover Antitrust, Patent, and Other Business Litigation – Part 1

by John Green | Farella Braun + Martel LLP on 2/8/2013

General liability insurance is frequently overlooked in business litigation. These policies, however, include coverage for “disparagement” and “malicious prosecution.” Both terms are construed broadly and may provide coverage...more

Business Law Newsletter - January 2013

by Rachelle E. Hill, James V. Irving | Bean, Kinney & Korman, PC on 1/10/2013

In This Issue: - Written Contracts and the Statute of Limitations...Page 1 - Website Owners: Who is Liable for Third Party Postings on Your Website?...Page 2 - Business Tort Brings Sanctions...Page 3 -...more

Website Owners: Who Is Liable For Third Party Postings On Your Website?

by Rachelle E. Hill | Bean, Kinney & Korman, PC on 12/28/2012

A recent Fairfax County defamation case involving a consumer’s scathing postings against a contractor on Yelp and Angie’s List raises the issue as to who can be held liable for postings made by third parties. Can the...more

2012 Top Canadian Entertainment, Media And Communications Law Stories

by Bob Tarantino, Stephen Zolf | Heenan Blaikie LLP on 12/28/2012

In keeping with tradition, and gambling that there won't actually be any significant entertainment/media law occurrences between now and January 1, 2013 (which is probably a pretty safe bet), we offer our humble thoughts on...more

Business and Commercial Litigation Newsletter #21 - October 2012

by Bernstein Shur on 11/1/2012

We are pleased to present the 21st edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we recap news about intellectual property rights, the sale of branded products and a U.S. lawsuit...more

Top Sports IP Plays of the Year - Part 2

by Emily Bayton | Lewis and Roca LLP on 10/24/2012

Today we bring you Part Two of an article authored by our partner Ms. Emily Bayton and published by Law360 on October 16, 2012... As an intellectual property lawyer and avid sports fan, I’m always interested in a case...more

Panties: 1, Fair Use Doctrine: 0

by Greenberg Glusker Fields Claman & Machtinger... on 9/19/2012

Picture a sexy young bride, reclining sensuously on the nuptial bed. Smiling seductively, she lifts her wedding dress — a stretch white mini — to give her new husband a glimpse of the lingerie covering her private parts....more

Why Celebrities Who Don’t Want to Live in California Might Still Want to Die There

by Greenberg Glusker Fields Claman & Machtinger... on 9/7/2012

The right of publicity — the legal doctrine that protects the right of celebrities to control and profit from their names, likenesses, and other aspects of their identities — is a familiar topic here at Law Law Land. But it...more

Ninth Circuit Finds That Consent to be Photographed Can be Implied by Consent

by Patton Boggs LLP on 8/6/2012

In a right to publicity case, the Ninth Circuit recently decided that consent to be photographed can be implied by conduct. In the unpublished decision in Shirley Jones v. Corbis Corp., Corbis used sample images of actress...more

Lanham Act Dust Up Over Vacuum Cleaner Claims Clarifies Literally False Standard

by Foley Hoag LLP - Trademark, Copyright &... on 7/30/2012

A federal district court in Massachusetts was recently sucked into a false advertising dispute between manufacturers of competing vacuums and steam cleaners over alleged violations of Section 43(a) of the Lanham Act. The...more

When the Best Defense is a Proactive Offense: Protecting Your Reputation on the Internet

by John Krieger | Lewis and Roca LLP on 6/29/2012

Here’s the scenario: You’re a well-known athlete. You’ve worked hard to become the best in your game. You wake up one morning, grab your coffee, sit down at your computer and start to read the morning’s news. Much to your...more

Albert Einstein, Marilyn Monroe, and the Right of Publicity

by Manatt, Phelps & Phillips, LLP on 6/25/2012

Rumored to have known each other intimately in life, Albert Einstein and Marilyn Monroe have now symbolically met in death in the courtroom. A court has ruled that Einstein and his estate possess rights that other courts have...more

Learning the Rights and Wrongs of Commercial Speech

by Loeb & Loeb LLP on 4/27/2012

Michael Jordan recently learned that his achievements on the basketball court do not translate into success in court when his opponent is the First Amendment. In a ruling against Mr. Jordan, a federal judge in Chicago...more

Advertising Law -- April 5, 2012

by Manatt, Phelps & Phillips, LLP on 4/10/2012

In This Issue: *Q&A: What False Advertising and Trademark Plaintiffs Need to Know Following Landmark eBay Decision *E=mc2, or the Publicity Rights of Albert Einstein *Microsoft Announces Targeted Health Ads *$1.5M...more

Traps on the Web: Legal Essentials on Social Media, Protecting Data, HR Policies, and More

by Venable LLP on 10/15/2011

Agenda for Today: • Legal Issues – “Similar Issues, New Platforms” (1) Educating Your “Speakers” (2) Entity Use of Online Social Media Platforms - Defamation, IP, Privacy, Agency (3) Entity Online Programs and...more

First Amendment Defeats Right of Publicity Claims Against Electronic Arts’ NCAA Football Video Games

by Davis Wright Tremaine LLP on 9/13/2011

On Sept. 9, 2011, Judge Freda Wolfson of the United States District Court for the district of New Jersey issued a 67 page opinion that is not only the latest in a series of decisions involving Electronic Arts’ (EA) sports...more

Advertising Law - August 18, 2011

by Manatt, Phelps & Phillips, LLP on 8/24/2011

In This Issue: Congress Considers More Data Security, Breach Laws; FTC Takes Action Against Payday Lender; Controversy Over Basketball Wives; Privacy Suit Filed Over Use of ETags; NAD Weighs In on Dietary Supplement for...more

REALITY BITES - Brand Protection, Reality TV Style

by Sheppard Mullin Richter & Hampton LLP on 8/23/2011

In this issue: The Situation is Asked Not to Cover His Situation With Abercrombie Anymore; The Kardashian - Sears Marriage Causes the Girls to End Up in Court. Excerpt from 'The Situation...': Abercrombie & Fitch...more

When Silence is False

by Winthrop & Weinstine, P.A. on 8/23/2011

Most false advertising claims originate from an advertising statement. (For example, see Dan’s post last week on Sam Adam’s bottle cap advertising). However, a recent suit alleges false advertising based on what wasn't...more

How To Protect Your Intellectual Property Online And Avoid Legal Pitfalls

by Venable LLP on 5/31/2011

How Can You Get Into Trouble Online? • Using clip art without checking terms of use, • Cutting and pasting third party articles into blogs, • Forwarding an email newsletter to a colleague without checking terms of...more

Three Point Shot - May 2011

by Proskauer Rose LLP on 5/20/2011

In This Issue: - Fore! What Is It Good For? (In New York, Absolutely Nothing) - Super Bowl Song Owner Shuffles into Court - The House Doesn’t Always Win, Especially When it Disregards IP Rights - Update ...more

Jackson Walker VIA Media Postcard - January 2011

by Jackson Walker on 1/26/2011

In This Issue: Stacy Allen Speaks: Monetizing A Virtual Identity – The recent class action case Keller v. Electronic Arts seeks to clarify the lines between the right to publicity, copyright law, and the right to free...more

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Communications & Media Law › Personal Injury › Intellectual Property