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End Game in the Fight Over Same Sex Marriage?
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Bill on Bankruptcy: Detroit Falls Short on Good-Faith Test
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Manuel Noriega v. Activision Blizzard, Inc., No. BC 551747 (Cal Super. Ct. filed October 27, 2014) -
In recent years, federal and state courts have wrestled with how to assess right of publicity claims in the video...more
As a young lawyer in 1985, a case came my way that combined several passions: college football, newspaper journalism and the First Amendment. I was the associate attorney assigned to help apply legal muscle in support of our...more
Fortres Grand Corporation v. Warner Bros. Entertainment Inc. -
The U.S Court of Appeals for the Seventh Circuit affirmed the dismissal of a trademark infringement claim, finding that a real computer software product...more
As some of you may recall, I posted about a lawsuit Manuel Noriega brought against purveyors of the Call of Duty video game franchise arising from his depiction in the game. In essence, I suggested that Noriega’s lawsuit was...more
The Texas Court of Criminal Appeals ruled in a 8-1 decision yesterday that the “Improper Photography and Visual Recording Act” is facially unconstitutional. The case involved a guy who allegedly took pictures of kids at a...more
Over the past several years, I have written about a series of decisions in suits brought by former collegiate athletes against EA Sports and the NCAA, seeking compensation for the use of their likenesses and those of...more
The Washington Redskins trademark controversy is far from over. Despite the fact that certain news and sports commentators and mainstream newspapers and organizations have announced that they will no longer use the term...more
In Trout Point Lodge, Ltd. v. Handshoe, 729 F.3d 481 (5th Cir. 2013), the Fifth Circuit became the first appellate court in the country to interpret the Securing the Protection of Our Enduring and Established Constitutional...more
In the modern age of the Internet where “news”—whether or not it’s true—spreads worldwide in an instant, high-profile corporate and individual reputations are under attack every day from business adversaries, disgruntled...more
David Ortiz, known affectionately as “Big Papi,” is larger than life. As a clutch hitter for the Boston Red Sox, Ortiz’s swing is only matched by his big, friendly personality — both of which have served him well.
Recently in Garcia v. Google, 743 F.3d 1258 (9th Cir. 2013), the Ninth Circuit Court of Appeals granted an actress’ request to remove a provocative film from YouTube, because the film, in which she appeared for five seconds,...more
On April 11, 2014, a California federal court issued a First Amendment ruling that has potentially significant implications for broadcasters in the sports-media industry. Specifically, the Northern District of California’s...more
Quentin Tarantino probably wasn’t offended when the Hollywood gossip website Defamer, owned by Gawker Media LLC, compared him to a petulant child and accused him of throwing a “temper tantrum.” After all, the colorful...more
Think the First Amendment protects your business from liability for running an ad congratulating a celebrity or other public figure? Better think again. ...more
Paying tribute to celebrity can sometimes be an expensive proposition. A Chicago grocery store chain found this out the hard way when the U.S. Court of Appeals for the Seventh Circuit handed down its decision in Michael...more
On April 1, 2014, West Virginia Senator Joe Manchin issued a press release accusing Adroit Films of fraud. Manchin had agreed to be interviewed by the media company for a documentary about the Upper Big Branch mine disaster,...more
Garcia v. Google, Inc. -
USCA Ninth Circuit, February 26, 2014 -
In Depth -
Ninth Circuit panel rules that Google must remove Innocence of Muslims video from YouTube, concluding that plaintiff actress,...more
As a relatively recent joke goes, an editor is lamenting the demise of payphones while speaking to a reporter. Editor: "With no more payphones, where would Superman change?" Reporter: "Change? Where would he work?!"
It’s the season of great sporting events, with the Super Bowl and Olympics just around the corner, and with that comes a host of new advertising campaigns. Companies should beware of infringing on Super Bowl and Olympic...more
If you’ve got a Facebook account, the following video has probably made an appearance or two (or twenty) in your status feed last month...more
Since 2009, former student-athletes have been litigating the issue of whether the apparent commodification of student-athlete likenesses in video games entitles the athletes to compensation. Defendants in these lawsuits...more
Following a consultation with the main stakeholders, the Italian Communication Authority (Agcom) issued two new decisions (Decision n. 599/13/CONS and Decision n. 600/13/CONS) concerning radio and audiovisual media’s freedom...more
On September 24, 2013, Electronic Arts, Inc. (“EA”) reached a $40 million dollar settlement of lawsuits over the use of college athletes’ likenesses in EA’s popular college football video game series NCAA Football. EA also...more
Via Section 230, the Communications Decency Act (CDA) provides broad immunity for service providers, hosts and website operators for claims stemming from their publication of information created by third parties....more
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