Constitutional Law Art, Entertainment & Sports

Read Constitutional Law updates, alerts, news, and analysis from leading lawyers and law firms:
News & Analysis as of

Celebrity SLAPP’d in Los Angeles: Lawsuit arising from American Idol Negotiations Reinstated

California has an anti-SLAPP law that protects defendants from lawsuits brought to chill their First Amendment rights. When the anti-SLAPP law applies, a defendant can obtain a fast dismissal at the early stage of the...more

Gaming Legal News - Volume 8 Number 1: Idaho Tribes And Community Leaders Seek To Limit "Instant Racing" Gaming Machines

A popular and profitable form of gaming has sparked a controversy in Idaho between the state’s Indian tribes and horse racetracks. "Instant Racing" video slot machines replay the last seconds of horse races run in the past,...more

No 'Hiding the Ball' - Court Prohibits NCAA from Sealing Trial Record

In McNair v. National Collegiate Athletic Association (filed 2/16/2015, No. B245475), the California Court of Appeal for the Second Appellate District, held that the NCAA may not limit public access to certain documents...more

Celebrity Trademark Watch: Can Taylor Swift Shake Off Accusations of Trademark Greed?

Had enough of Taylor Swift yet? For those of you who hate to love her, you might consider Swiftamine, because she is not going anywhere anytime soon. If anything, her media foot print continues to grow. And while one...more

San Jose Strikes Out in Baseball Antitrust Challenge

In City of San Jose v. Office of the Commissioner of Baseball, Case No. 14-15139 (9th Cir. Jan 15, 2015), the United States Court of Appeals for the Ninth Circuit applied the judge-made antitrust exemption for baseball to bar...more

Rhoads v. Margolis - Cal. App. 2d, January 26, 2015

In lawsuit brought by family of guitarist Randy Rhoads against writer and publisher of his biography, California appellate court affirms lower court denial of anti-SLAPP motion as it relates to family's breach of contract...more

Trademark use within an expressive work must only pass the Rogers test, not a likelihood of confusion analysis: Mil-Spec Monkey v....

The likelihood of confusion test is often called the “cornerstone” of trademark infringement law. It may be in many circumstances, but it does not apply to allegations of infringement within expressive works, as the recent...more

For the Redskins, NFL Playoff Season Means. . . Constitutionality Questions?

The NFL playoffs aren’t the only big football news happening this month! The U.S. Department of Justice recently decided to intervene in the Washington Redskins trademark litigation over the constitutionality of certain...more

USA: Ninth Circuit Rejects EA’s “Incidental Use” Defense in Madden-Related Right of Publicity Suit

On January 6, 2015, the Ninth Circuit decided that Electronic Arts Inc.’s (“EA”) unauthorized use of former NFL players’ likeness as avatars in the Madden NFL video game series does not qualify for First Amendment protection....more

Status Updates - January 2015 #5

Pupils, passwords and privacy. A law that went into effect on January1st has the parents of some Illinois school children asking themselves how much of their children’s privacy they’re willing to forgo to keep cyberbullying...more

First Amendment Protects Use of Third-Party’s Trademark in Video Game

Mil-Spec Monkey, Inc. v. Activision Blizzard, Inc. et al. - Confirming that video games, including customizable multi-player games, qualify as expressive works entitled to First Amendment protection, a California...more

South Carolina Court Upholds Constitutionality of Statutory Limitation on Retail Dealer Licenses

Retail Services & Systems, Inc., dba Total Wine & More v. South Carolina Department of Revenue and ABC Stores of South Carolina - A trial-level court in South Carolina recently issued an opinion upholding the...more

The US Department of Justice Seeks to Intervene in the Washington Redskins’ Trademark Suit to Defend the Constitutionality of the...

The Washington Redskins professional football team will soon not only be battling Native Americans over the registrability of the REDSKINS trademark, but will also have to cross swords with the US Government. Last week, the...more

Valencia v. Universal City Studios LLC

USDC, N.D. Georgia, December 18, 2014 - District court dismisses all claims of hip-hop dancer Honey Rockwell, who alleged that films Honey and Honey 2 violated her privacy rights and trademark rights, holding that some...more

Germany: Online Blackjack Player Found Guilty of Illegal Gambling

The district court Munich found a Munich man guilty of participation in an unlicensed public game of chance due to his participation in online blackjack games. The player was fined under criminal laws and the funds received...more

Tennessee Tax Year in Review

Bradley Arant Boult Cummings LLP’s State and Local Tax Team would like to share our year-end review—revisiting some interesting Tennessee tax developments for 2014 and announcing our annual “Tennessee Tax Issue of the Year.”...more

USA: Do Athletes Have Rights of Publicity in Live Broadcast Footage? Minnesota Court Offers Guidance

U.S. courts have recognized that “there is no judicial consensus on how to resolve conflicts between intellectual-property rights and free-speech rights.” Indeed, courts have adopted varying approaches to analyzing right of...more

Sony vs. N. Korea – Let Capitalism Fight Totalitarianism!

Cyber terrorism, North Korea, Sony, extortion, free speech, The Interview, international relations, journalistic ethics, cyber security… can it get any better than this?...more

Did Sony Let the Terrorists Win?

Unless you’ve been living under a rock recently, you’ve probably heard about the hoopla caused by the new Seth Rogen and James Franco movie called the interview. The movie follows a plot to assassinate North Korean dictator...more

The Interview: Cyber Attacks and The First Amendment

The fallout from a massive cyber attack on Sony in November escalated tremendously this week. After exposing embarrassing emails and confidential company information, stealing the screenplay for an upcoming James Bond movie,...more

Henley Is Not Taking It Easy

According to music icon Don Henley, intellectual property rights are not a joking matter....more

UK: Freedom of Speech - Unnamed artist to appeal publishing injunction in the Supreme Court

On 9 December a well-known British performing artist was granted permission to take his case to the Supreme Court, where he will appeal the Court of Appeal’s decision in OPO v MLA & STL, reported here in October 2014....more

Electronic Arts and its Disrespect for the Game

On September 11, 2014, the Ninth Circuit heard oral argument on the appeal in Davis v. Electronic Arts (Case No. 12-15737), a class action lawsuit brought by three former NFL Players against Electronic Arts (“EA”), the...more

No Break from Prison for General Noriega As Black Ops II Is Cleared by Transformative Use Doctrine

If you were looking forward to regrouping your special forces mission on “Call of Duty: Black Ops II” without any further interference from Pineapple Face, your moment has arrived. The aforesaid Face, as former sword-waving...more

Mil-Spec Monkey, Inc. v. Activision Blizzard, Inc. - USDC, N.D. California, November 24, 2014

Mil-Spec Monkey, Inc. v. Activision Blizzard, Inc. - USDC, N.D. California, November 24, 2014: District court grants summary judgment in favor of publisher of military-action video game Call of Duty: Ghosts on trademark...more

316 Results
|
View per page
Page: of 13

Follow Constitutional Law Updates on: