Intellectual Property › Communications & Media Law › Constitutional Law

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 17, 2013

Righthaven LLC v. Hoehn, USCA, Ninth Circuit, May 9, 2013 - Ninth Circuit affirms district courts’ dismissals of copyright infringement actions holding that entity created solely for purpose of pursuing copyright...more

Jackson Walker's VIA Media Postcard - April 2013

In This Issue: - Steve Fogle's Feature: Out of the Blue - A recent unexpected court order restricting the media from reporting on certain details of a high-profile criminal case serves as a reminder that the...more

Boarding School Review, LLC v. Delta Career Education Corp.

Order GRANTING Plaintiff's Motion to Dismiss Pursuant to FRCP 12(b)(6)

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Indiana Sex Offender Social Website Ban Law Is Unconstitutional

An Indiana statute prohibiting most registered sex offenders from using social networking websites is unconstitutional because it is an overly broad infringement of First Amendment rights. The Indiana law prohibited...more

2012 Media Year in Review Media Law Bulletin - January 2013

Now that 2013 has arrived, we look forward to a new year of media cases. However, in order to orient ourselves for 2013, it is important to stop and take a look back at some of the relevant entertainment and media cases of...more

Jackson Walker's VIA Media Postcard - November/December 2012

In This Issue: - Paul Watler's Perspective: One of the few places of refuge from the political campaign advertising onslaught was public television and radio. That may change depending on a little-noticed First Amendment...more

Haunted House Doesn’t Scare Off Filmmaker

Many people consult with psychics. Not an unusual thing to do (certainly not in California). But not a lot of people spend the next 38 years adding rooms to their houses because the soothsayer said spirits would kill them...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- November 1, 2012

Table of Contents: - Winchester Mystery House, LLC v. Global Asylum, Inc., Cal. Ct. App., California court of appeal affirms grant of defendant’s motion for summary judgment, finding that defendant established...more

H.R. 6530 – Global Free Internet Act of 2012 (Companion Bill to H.R. 6529 Introduced by Rep. Zoe Lofgren / D-CA on 09/21/2012)

H.R. 6530 -- Global Free Internet Act of 2012: The Global Free Internet Act of 2012 would establish a formal process in the U.S. government for evaluating policies that pose threats to Internet users and online services....more

Music Law Weekly Case Update for Music Industry Executives -- September 13, 2012

Table of Contents: Capitol Records Inc. v. Thomas-Rasset - Circuit court reinstates $222,000 statutory damages award against defendant, individual, for willful infringement related to her downloading and making...more

$222K Verdict in File-Sharing Case Headed for Supreme Court

You might remember KaZaA, a file-sharing site that allowed users to share music. Jammie Thomas-Rasset likely remembers it, and vividly. She was the first person to challenge the recording industry when it began coming after...more

Porn Parody or Infringing Pun? Ben & Jerry's Brings Trademark Action Against "Porno's Finest," Ben & Cherry's

Last week, Ben & Jerry’s Homemade Ice Cream brought a trademark action in the Southern District of New York to put a stop to its naughty doppelganger, “Ben & Cherry’s XXX Ice Cream.” Distributed by Caballero Video, Ben &...more

Why Every Employer Needs a Social Media Policy

In 2012, most employers are engaging the public with social media sites such as Facebook, LinkedIn and Twitter. These social media sites can be cost effective ways to generate new business in a world where people spend more...more

Harris v. Matthew A. Sciarrino, Criminal Court Judge

OWS Protester's Memo Of Law In Support of Petition To Overturn Order Requiring Twitter To Turn Over Information

Malcolm Harris was one of 700 people arrested during a peaceful protest march in support of the Occupy Wall Street Movement. He was charged with one count of disorderly conduct for having blocked traffic. Allegedly in...more

Malcolm Harris v. Matthew A. Sciarrino, Criminal Court Judge

OWS Protester's Petition To Overturn Orders Requiring Twitter To Turn Over Tweets, Locational Data & Other Information

Malcolm Harris was one of 700 people arrested during a peaceful protest march in support of the Occupy Wall Street Movement. He was charged with one count of disorderly conduct for having blocked traffic. Allegedly in...more

Depicting Trade-marks in Artistic Works: University of Alabama vs New Life Art

Although a decision from the US 11th Circuit Court of Appeals has limited precedential value in Canadian courts, the decision in University of Alabama vs New Life Art, Inc. (filed June 11, 2012) (hat tip: Hollywood, Esq.) is...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- June 28, 2012

Table of Contents: - Federal Communications Commission v. Fox Television Stations, Inc. - U.S. Supreme Court finds FCC's indecency rulings regarding isolated utterances of profanity and brief depictions of female...more

Three Point Shot - June 2012

In This Issue: - Floyd Mayweather, Jr. Says “Yep” to Copyright Infringement Suit...1 - Former Gold Medalist Can’t Clear Olympic Ad Hurdle...2 - Delay of Game in Former Coach’s NCAA Lawsuit...3...more

Warner Bros. Dropkicks Louis Vuitton’s Lawsuit Over The Hangover: Part II

Louis Vuitton has been busy practicing all kinds of legal kung fu in court lately. First, it unleashed a Chuck Norris-like flurry of legal roundhouse kicks to the dome upon hundreds of counterfeiters in the form of...more

Advertising News & Analysis - June 14, 2012

In this issue: - FTC Amends Franchise Rule Disclosure Thresholds - Ben Stein / Kyocera Suit Latest Front in Endorsement Contract Wars - ICANN Unveils List of gTLD Applications - Upcoming Events An...more

Boarding School Review, LLC v. Delta Career Education Corp.

First Amended Complaint and Jury Demand

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Advertising Law -- May 4, 2012

In This Issue: *Manatt Expands Intellectual Property Practice in New York *Federal Court Rules Muscle Milk Lawsuit Needs More Muscle *How Much Is That App in the Window? *City Ordinance Banning Outdoor Tobacco...more

Learning the Rights and Wrongs of Commercial Speech

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

What Is Trademark Parody, Really? Louis Vuitton Puts UPENN in the Fashion Spotlight for a Perfect Case Study

Fashion brands are again making news in trademark jurisprudence. If the holding in the Louboutin case left you wanting more, we bring you Louis Vuitton v. U.Penn and the irreverent world of trademark parodies. The...more

Retired NFL Players' Suit Against EA to Continue

On March 30, 2012 the California federal judge hearing the lawsuit initiated by a putative class of retired NFL players against Electronic Arts Inc. denied EA's motion to dismiss the suit and to strike the complaint. The...more