Cullen & Dykman Sees Colleges Calling for Title IX Help v
"Damages" in an Injury Lawsuit: An Introduction for Lay People
Your Deposition: What to Expect
Trial by Jury: Why It Matters in a Democratic Society
The Burden of Proof -- What must plaintiffs prove to win their case?
Bringing a Lawsuit to Find Out What Happened and Why
Subrogation: Piggyback Claims by Health Insurers in Injury Lawsuits
Who Can Sue the U.S. Government for Injuries? A Legal Primer
Why Secret Settlements of Injury Lawsuits Are Bad (for Everyone but the Defendant)
How Big Tobacco Handles Lawsuits -- Attrition and Wait for Deaths
The Evolution of Informed Consent in U.S. Courts
How Auto Defects Can Cause Passenger Injury
What patients misunderstand about their right of informed consent
Blecker: GM Recalls Show Need for Harsher Penalties for "Red Collar" Criminals
Attorney Client Privilege
Proximate Cause - An Important Practice Tip for Personal Injury Lawyers
Understanding Supplemental Spousal Liability Insurance in NY
The Integrated and Coordinated Approach to Title IX Compliance
Hailey French’s Story – When millions barely cover the bills.
What happens if more than one person is responsible for an accident?
On 22 January 2014 the Court of Appeal upheld the High Court decision in a claim for passing off brought by global superstar Rihanna against Topshop.
The dispute centered on a t-shirt which was sold by Topshop in its...more
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
In general, a right of publicity is a right to control use of your name, likeness, and other aspects of your identity. Right of publicity laws normally give an individual the exclusive right to license the use of their...more
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
Traditionally, media companies (as well as non-media companies) almost exclusively utilized their own content. However, because of the exponential growth in the public’s desire and ability to interconnect through social media...more
ABC v. Aereo: Supreme Court Holds that Aereo’s System of Streaming Television Broadcasts via the Internet Infringes Copyrights in Programs Broadcast. On June 25, 2014, the Supreme Court issued its opinion in the...more
The California Court of Appeal held earlier this month that certain right of publicity claims are freely assignable, and that the Copyright Act does not preempt a right of publicity claim where the defendant has no legal...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
It is common to see celebrities, which have captivated the public for decades, photographed using a company product or wearing a branded garment. Using such photos for promoting a company’s brand can be problematic especially...more
So, how is copyright law doing as an online reputation management tool?
We have written many times recently about the use of copyright law to do what defamation law can’t: take stuff down from the internet. A...more
Right of Publicity? First, Let Me Take a Selfie -
“Oh, he wants to do a selfie,” President Barack Obama observed with amusement before gamely posing with Boston Red Sox designated hitter David Ortiz. Ortiz snapped the...more
The Computer Fraud and Abuse Act (CFAA), codified at 18 U.S.C. § 1030 et seq, is a criminal statute that forbids, among other things, "intentionally access[ing] a protected computer, without authorization" when the access...more
NAD Decision Offers Reminder About Use of Before and After Pictures -
“Before” and “after” photos can provide powerful imagery for advertisers. But a recent decision from the National Advertising Division emphasizes...more
Earlier this month, Katherine Heigl sued Duane Reade for $6,000,000 for tweeting a paparazzi photo of her leaving a Duane Reade drugstore, together with the caption “Love a quick #DuaneReade run? Even KatieHeigle can’t resist...more
The April issue of Sterne Kessler's MarkIt to MarketTM newsletter contains a cautionary tale regarding use of social media, a clarified test for false advertising standing, updates to Canada's Trade-marks Act, and an updated...more
“Oh, he wants to do a selfie,” President Barack Obama observed with amusement before gamely posing with Boston Red Sox designated hitter David Ortiz. Ortiz snapped the shot using his Samsung smartphone during a visit to the...more
My second favorite golf major, The Masters, starts tomorrow in Augusta, Georgia. And as much as I dislike its history of racism, misogyny, and banning an announcer because he used the terms “bikini-waxed” and “body bags”...more
When we upload family pictures to the internet, we understand that, in theory, anyone in the world might download them and use them for some nefarious purpose. However, we usually take comfort in the fact that most of us...more
On March 25, 2014, Justice Antonin Scalia authored an opinion for a unanimous United States Supreme Court in Lexmark International, Inc. v. Static Control Components, Inc., case number 12-873, setting forth a bright-line test...more
We previously reported on the unique cyber dilemma faced by Richard Goren, a Massachusetts attorney. Back in 2012, a disgruntled former client of Goren’s logged onto the consumer review site, and posted an outlandish – and...more
Can a video game company use an athlete’s likeness in a game without his or her permission? The answer is maybe.
The Ninth Circuit recently rejected Jim Brown’s Lanham Act Section 43 claim against Electronic Arts, Inc....more
Have you always wanted to own “The One Ring to Rule Them All” of Lord of the Rings fame? Do you dream of an engagement ring just like Kate Middleton’s? Your dreams can come true with a visit to Emitations.com, a website...more
There are stirrings in the U.S. Senate of yet another bid to establish a federal right of civil action for trade secret misappropriation.
Sen. Chris Coons (D-Del.) has quietly circulated a draft bill to IP lawyers and...more
Judge Thrash issued a ruling granting in part and denying in part the motion for summary judgment of plaintiffs (Jill Gibson Bell, et. al., hereinafter “Gibson Family”) against Billy Darren Foster (“Foster”) for trade mark...more
Facebook, Twitter, Pinterest, Instagram…the list of social media tools for the promotion of your fashion brand is ever increasing. While social media is an effective and immediate way to reach your customers, there are some...more
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