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Three Point Shot - April 2013

The (Gold) Gloves Are Off - Cincinnati Reds second baseman Brandon Phillips has a lot to say. He's well-known for being outspoken, and he's a prolific tweeter on his @DatDudeBP account, which boasts over 650,000...more

You're Getting Sued For What? An E&O Odyssey (Pt 10)

This post is part of an occasional series highlighting the type of risks which film and TV producers face and which are supposed to be covered by E&O insurance. The series aims to demonstrate that what might seem to a...more

Insurance Coverage: January 2013

There were no significant decisions of the Supreme Court related to coverage this past quarter. The Courts of Appeal have provided us with several more decisions on contribution and subrogation. The following are brief...more

Business Law Newsletter - January 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

Top Sports IP Plays of the Year - Part 2

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

Business Law Newsletter - September 2012

In This Issue: - Enforceability of Waivers of Prospective Liability.....Page 1 - Copyright Law 101......Page 2 - Excerpt from Copyright Law: Every business has intellectual property that is entitled to...more

Celebrities Protected by 'Right of Publicity'

Star gazing takes on new meaning in New Mexico as the state’s film industry continues to grow. You might spot stars like Johnny Depp, Lou Diamond Phillips, Arnold Schwarzenegger and Juliet Lopez in Albuquerque since...more

Virtual Karaoke Circus Act or: How Not to Exploit Likenesses in Videogames

In 2009, the musical group “No Doubt”, sued video game giant Activision after learning that its video game "Band Hero" allowed gamers to access avatars of the band members to perform other groups’ music. According to a...more

Three Point Shot - May 2012

In This Issue: - Selling the Shirt off Tim Tebow’s Back Requires a License...1 - I See Your True Colors Shining Through ...2 - Pretty Boy’s Right of Publicity Lawsuit Ain’t Pretty, Says World Wrestling...more

Becoming Immune to Reputation Damage: Tips from Kim Kardashian?

This blogger is proud to say that I have never watched any show featuring a member of the Kardashian family (okay, okay, unless you count their step-brother Brody Jenner…you know I could never resist The Hills). I normally...more

Pennsylvania District Court Denies Motion to Dismiss and for a More Definite Statement

Plaintiff Kimberton Healthcare Consulting, Inc. d/b/a DialysisPPO (DPPO), a provider of benefits consulting services, brought an action alleging breach of contract, violation of the Pennsylvania Uniform Trade Secrets Act...more

A Multidisciplinary Approach To Trade Secret Protection in the Digital Age

Law and Business Between James Bond’s brand of espionage and the emotional reaction when someone trained and trusted leaves and goes to work in competition lie most fact situations that give rise to trade secret...more

Incontestable - August/September 2011

In this issue: Christian Louboutin S.A. v. Yves Saint Laurent Am., Inc., 2011 WL 3505350 (S.D.N.Y. Aug. 10, 2011); Fair Isaac Corp. v. Experian Info. Solutions, Inc., 2011 WL 3586429 (8th Cir. Aug. 17, 2011); Habush v....more

How Legal is Content Scraping?

A reader asks: I have a business in which we scrape content from other websites to our website. Do we face any significant legal hurdles in doing so? Answer: It really depends on a number of factors. These days, the...more

Ip/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - May 11, 2011

Table of Contents • In Re NCAA Student-Athlete Name & Likeness Litigation • Arista Records LLC v. Lime Group LLC In Re NCAA Student-Athlete Name & Likeness Litigation, USDC N.D. California, May 2, 2011 • Court...more

IP/Entertainment Law Weekly Case Update For Motion Picture Studios And Television Networks - March 9, 2011

Table of Contents: • Best v. Berard • Lapine v. Seinfeld Best v. Berard, USDC N.D. Illinois, March 3, 2011 • In right of publicity action relating to reality TV show Female Forces, court grants defendants’ motion...more

DWReport - Winter 2011 - Legal Updates & Articles from Donaldson Walsh Lawyers

DWReport - Winter 2011 - Legal News & Articles from Doanldson Walsh Lawyers CONTENTS: Page 1 - Unique Insight now available in personal injury law Page 2 - Shaping your Brand Page 4 - Use Restraint in Restraints of...more

Publicity Rights State of Play

Eriq Gardner has published a simply excellent article in the ABA Journal: "What's In a Name?" explores the history, caselaw and controversies surrounding US "right of publicity" law. Publicity rights battles are growing...more

Liability for Commercial Speech: A Guide to False Advertising, Commercial Disparagement, and Related Claims

This volume summarizes related bodies of law – false advertising, commercial disparagement, and defamation – that govern the conduct of business communications. It sets forth elements, damages, and related defenses for each...more

Life Story Rights - Some Considerations

Diane Krausz has posted a valuable item: Whose Life is it Anyway? Clearance of Life Story Rights in Film. The article is particularly interesting for her concise provision of this heuristic, which I think nicely articulates...more

'That's Hot' (as in Stolen): Paris Hilton v. Hallmark Cards on Right of Publicity Law

Hollywood socialite Paris Hilton is best known for her flamboyant lifestyle and reality television show, "The Simple Life." She is now also the topic of conversation around law firm water coolers, and not just for her recent...more

Ohio District Court Allows Database “Scraping” Case To Proceed On A Variety Of Legal Theories

Recent years have seen the growth of online data sources, such as online databases, ecommerce catalogs, and social networking sites, and associated services and applications. This growth has been accompanied by a...more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

IN THIS ISSUE: *Manatt Lawyers Receive Top Ratings In Chambers USA 2008 Advertising, Entertainment, and Healthcare Practices Noted for Excellence *FCC Eyes Product Placement Practices *Executives Are Employees For...more

Newsletter of the Advertising, Marketing & Media Practice Group of Manatt, Phelps & Phillips, LLP

IN THIS ISSUE: *Pending New York Right of Publicity Bill To Provide Protection for Deceased Celebrities *French Court Fines eBay Over Fakes *ISPs Will Block Child Pornography Sites *FTC To Focus on Green Building and...more

Barbara Bauer & Barbara Bauer Literary Agency, Inc. v. Jenna Glatzer, et al.

Brief in Opposition To Motion To Dismiss

On May 1, 2008, EFF and the law firm of Sheppard Mullin Richter & Hampton filed a motion to dismiss a lawsuit brought against the operator of the popular online encyclopedia Wikipedia, arguing that federal law immunizes it...more