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Advertising Law - October 2015

Commercials Pulled After Endorser Admits 9/11 Lies - The revelation that an endorser lied about his whereabouts on September 11 led a national sports-themed restaurant chain to stop airing commercials where the actor...more

Ch-Ch-Ch-Ch-Changes: USPTO Pilot Program on Changing Technology

As you may have heard, the USPTO has commenced a pilot program to allow, under limited circumstances, amendments to identifications of goods/services in trademark registrations to account for evolving technology. Amendments...more

Manatt Digital Media - September 2015

In this month's newsletter we highlight some of the latest activities in the digital video space. Social media, mobile and over-the-top (OTT) viewing continue to make waves in the media landscape, creating new opportunities...more

Just a Fantasy? Toeing the Line between Fantasy Sports and Illegal Online Sports Betting

It’s fall. And in the professional sports world, that means the National Football League  is back and Major League Baseball is gearing up for its playoffs. But there are other leagues garnering increased attention as...more

Don’t show satellite TV unless you’re paying for it!

The football season is well under way, new fall television lineups are beginning, and presidential debates are attracting viewers in record numbers. Admit it, you love watching TV. And, if you have a commercial office or...more

9th Circuit Holds No Private Right of Action for Data Retention Violation Under the Video Privacy Protection Act

The decision further aligns the circuit courts in holding that the private right of action is limited to the Act’s prohibition on unauthorized disclosures only. A recent attempt to expand the breadth of the private right...more

PGA takes timid steps to join the growing social media world

During a 2010 review of the sport of golf, Jalen Rose — a former 13-year NBA star turned ESPN sports analyst — urged the PGA to “move forward and embrace social media to the max,” noting that’s Facebook page only had...more

Before Sending DMCA Takedown Notice, Copyright Owners Face Duty to Consider Fair Use, Says Appeals Court

On September 14, 2015, the United States Court of Appeals for the Ninth Circuit held that copyright owners have a “duty to consider—in good faith and prior to sending a [DMCA] takedown notification—whether allegedly...more

Intellectual Property Alert: DMCA Takedowns Require Consideration of Fair Use

The U.S. Court of Appeals for the Ninth Circuit has held that copyright holders must at least consider fair use before issuing a takedown notice under the Digital Millennium Copyright Act (DMCA). The decision, in Lenz v....more

Five Legal Issues Your eSports Company Needs to Know About Operating in the U.S.

With a $143 million market in North America, eSports is big business in the U.S. And given its swift rise in popularity – 205 million people worldwide watched or played eSports in 2014, it will only become bigger. At last...more

Wyndham v. Deflategate: Where Are the Goal Posts?

As a privacy litigator, I could not help but observe an apparent contradiction in the way the Third Circuit allowed the FTC to pursue Wyndham Hotels for cybersecurity breaches under the FTC Act, but Judge Berman (SDNY)...more

WCRR: EU Audiovisual Media Services Directive Open for Debate

The European Commission launched July 6 a public consultation on the Audiovisual Media Services Directive 2010/13/EU ("AVMSD"), entitled "A media framework for the 21st century," paving the way towards a single European...more

Australia: Review of Interactive Gambling Laws Announced

The Australian Government has commissioned a review of Australia’s online gambling laws. The review will be led by Social Services Minister Scott Morrison and focus on the Interactive Gambling Act 2001 (Cth). The terms of...more

Online entertainment network Machinima settles with FTC

California based Machinima, an online entertainment network that promoted Xbox One, has settled an investigation with the FTC surrounding its advertising practices. The FTC alleged that Machinima paid “influencers” to post...more

Fox News Network, LLC v. TVEyes, Inc. - USDC, S.D. New York, August 25, 2015

Fox News Network brought a copyright infringement suit against TVEyes Inc., a company that records virtually all radio and television broadcasts and transforms their content into a searchable database for its subscribers...more

Strip Club Beats TCPA Case With Human Intervention

The Sapphire Gentlemen’s Club in Las Vegas sends promotional text messages to its customers. Doing so involved multiple steps. First, a Club employee inputs telephone numbers into a mobile marketing website. He does this by...more

Manatt Digital Media - August 2015

So You Want Music in Your Video: 5 Things to Remember so You Don't Get Sued - Last month we received a call from a woman who made an unassuming video of her daughter's wedding and added her favorite song as the musical...more

[Webinar] Sports, Spies and Hacks: Protecting Confidential Information - August 27th, 12:00pm EDT

Sports teams are the latest targets for data breaches. The stakes are high – confidential scouting reports, data about players, prospects and trade talks represent the ultimate trade secrets, the crown jewels that if exposed,...more

FDA Recalls Kim Kardashian’s Post

Last month, Kim Kardashian praised Diclegis, a drug for morning sickness, on her social media accounts. Since Kim doesn’t follow us on social media, we don’t always keep tabs on her. But when her posts raise regulatory...more

The Vital Role of Cyber Insurance in Protecting a Team’s “Analytic Property”

Professional sports organizations are facing a new off-field risk: potential exposure of their proprietary data. In this new age of data in professional sports, teams are spending millions of dollars on sabermetrics and other...more

That is SO last week - August 2015 #2

Pay was the big deal last week. A divided Securities and Exchange Commission voted to approve the CEO Pay Ratio Rule. The new rule requires publicly traded companies to disclose the ratio of their chief executive officer’s...more

Sports, Media and Entertainment Intelligence - July 2015

INTERNET EU: The end of roaming charges and the emergence of net neutrality - The European Commission has secured an agreement with the European Parliament and the Council to end roaming charges and to introduce the...more

Upcoming EU Copyright Reform

It does not happen often to see European Institutions agreeing on a common strategy. Yet, the strong political will around the need to create a single market for digital content moved this item to the top of the agenda of the...more

Netflix Defeats Video Privacy Class Action

In Mollett, et al. v. Netflix, Inc., No. 12-17045 (9th Cir. July 31, 2015), the Court of Appeals for the Ninth Circuit affirmed the dismissal of a putative class action filed against Netflix, Inc. for alleged violations of...more

July 2015: Entertainment Litigation Update

How Proposed Changes at the Copyright Office Will Affect the Music Business. In February 2015, the U.S. Copyright Office released “Copyright and the Music Marketplace,” a report that details several recommendations to...more

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