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Federal Court Issues Permanent Injunction and Permanently Shuts Down Santa Ysabel’s Desert Rose Bingo

On December 12, 2016, Judge Battaglia of the United States District Court for the Southern District of California issued the Court’s long-awaited ruling on the State of California and Federal Government’s motions for summary...more

“Rest Until Symptom Recovery” May Not be the Best Medicine for Children and Adolescents Recovering from Acute Concussion

In a study published in the Journal of the American Medical Association (JAMA) on December 20, 2016, Canadian researchers found that children and adolescents who returned to exercise within seven days of experiencing a...more

For the Time Being, Tech Companies Remain Shielded from Liability for Users’ Uploaded Content

Thanks to recent decisions by the First and Second Circuit Courts of Appeals, tech companies will remain protected from liability for some of their users’ uploaded content under the Digital Millennium Copyright Act (DMCA) and...more

UK, US, HK and China – Access denied: an international perspective on ISP blocking injunctions

While the UK Court of Appeal has opened the door for broadband ISP blocking to combat trademark or copyright-infringing activities, the picture in the United States, China and Hong Kong is more complex. Please see full...more

Canadian IP law and practice in 2016: reviewing the highlights

As the calendar turns the page from 2016 to 2017, we take the opportunity to review Canadian IP law and practice highlights from the past year....more

Hack Attacks!

Lately, the news has lead with stories about the alleged Russian hacking of various American political organizations, ostensibly for the purpose of influencing the 2016 elections. U.S. law enforcement has surmised that the...more

Skin Gambling Plaintiffs Find Themselves Back Where They Started

The lawsuits against Valve Corporation are continuing their tortured procedural paths from various federal courts to state court and back again. After filing a complaint against Valve and several co-defendants in federal...more

Court Allows Copyright Infringement Claims to Live Long and Prosper Against Trekkie

A federal judge recently held that an unauthorized “Star Trek” fan film created by Axanar Productions was “objectively substantially similar” to Star Trek. The court found that Axanar sought to make a “professional...more

Trading Card Maker Topps Notifies Customers of Data Breach

According to several media outlets, Topps, whose products include sports trading cards, recently notified customers via email of a security breach. Information that may have been compromised includes bank account numbers,...more

From Rogue One to Forces of Destiny: A Star Wars Intellectual Property Story

With last weekend’s release of Rogue One: A Star Wars Story, Star Wars is once again living and thriving. Rogue One opened with a most impressive $155 million opening in North America, and $290 million worldwide, making it...more

Supreme Court Corner - Q4 2016

CASES WE ARE WATCHING Lenz v. Universal Music Corp. - COPYRIGHT – Cert. Pending ISSUE: Whether, in sending a takedown notice under the DMCA, the copyright holder’s “good faith belief” of copyright infringement may be...more

Weak Social Media Presence Sinks Trademark Claims, Says Sixth Circuit

A DJ asserting trademark infringement and dilution claims against a similarly named rapper failed partly due to a lack of apparent popularity on social media, the U.S. Court of Appeals for the Sixth Circuit ruled on December...more

Phasers Set to Stun – Star Trek and Fan Film Producers Trade Copyright Shots

Fan films and fan fiction ordinarily don’t end up being the subject of a federal court lawsuit. Most fan fiction are creative expressions reflecting adoration of a series, film or character and the majority of copyright...more

FCPA Compliance Report-Episode 294-Chris Tomlinson [Video]

What are the effects of corruption on the ground in Africa? In this podcast, I visit with Houston Chronicle business columnist Chris Tomlinson who discusses his experiences as a journalist in Africa. ...more

New Requirements for Copyright Safe Harbor

The federal Digital Millennium Copyright Act (“DMCA”) provides safe harbors from copyright infringement liability for online service providers that are engaged in specified activities and that meet certain eligibility...more

Copyright Office Establishes New Electronic DMCA Agent Registration

Service Providers Must Re-register Online to Maintain Safe Harbor Protection - A service provider seeking to take advantage of certain of the safe harbors under the Digital Millennium Copyright Act (DMCA) is required...more

Not All Repeat Infringer Policies Are Sufficient for Safe Harbor Protection

The US Court of Appeals for the Second Circuit vacated a grant of summary judgment that a defendant had a reasonably implemented repeat infringer policy and therefore qualified for safe harbor protection under the Digital...more

Privacy Tip #63 – NYC Concertgoers—You May Need to Check Your Bank Records

Madison Square Garden has announced that it has suffered a year-long data breach of debit and credit cards used at concession stands at Madison Square Garden, the Theater at Madison Square Garden, Radio City Music Hall, ...more

Second Circuit Provides Much-Needed Guidance to ISPs Seeking DMCA Safe Harbors for New Technologies

A recent decision from the U.S. Court of Appeals for the Second Circuit provides ISPs seeking to introduce new technologies much-needed guidance concerning the scope of statutory copyright liability safe harbors. In Capitol...more

eSports Lawsuit Over For Now, But State Action May Follow

On October 4, 2016, a federal judge in the Western District of Washington dismissed a suit against Valve Corporation (“Valve”) alleging that Valve and third-party websites had facilitated online gambling in violation of state...more

Former Member of The Commodores Sued For Using Band’s Name to Promote Solo Career

A Florida federal court enjoined Thomas McClary, an original member of famed Motown band the Commodores, from branding himself as “COMMODORES’ Founder Thomas McClary” in his booking advertisements for solo gigs. McClary left...more

Manatt Digital - November 2016

Video Content Consumption (Then and Now) - It’s no secret that the digital-content-consumption landscape is evolving and at an increasingly rapid clip. One byproduct of this ongoing progression is that oftentimes...more

Intellectual Property Bulletin - Fall 2016

Mean Girls v. The Right of Publicity: Lessons Learned From the Lohan and Gravano Lawsuits - On September 1, 2016, a New York appellate court ended two closely watched right of publicity lawsuits brought by Lindsay...more

IMDb Challenges Recent California Law Shielding Actors’ Ages

IMDb.com Inc., the creator of the popular online database of movies and industry professionals, has filed suit in federal court challenging the recently enacted California Assembly Bill 1687 that requires the deletion of an...more

Coalition Building to Combat Unlicensed Internet Gaming Sites

The NJ Division of Gaming Enforcement (DGE) regulates various licensees that provide services to the online gaming industry within the state. The agency recently demonstrated its power of regulatory enforcement over the...more

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