News & Analysis as of

Entertainment and Media Litigation Update - October 2015

The "Dancing Baby" Case—Ninth Circuit Rules That "Fair Use" Must First Be Considered Before Sending Takedown Notices Under the DMCA - Why it matters: On September 14, 2015, the Ninth Circuit ruled in Lenz v. Universal...more

Clark v. Viacom - USCA Sixth Circuit, July 8, 2015

Sixth Circuit affirms dismissal of defamation claims brought against Viacom by former American Idol contestants, holding that Tennessee’s “single publication rule” applies to online speech and thus majority of allegedly...more

Should Feds Regulate Persistent Identifiers as Personal Information?

Recently, the Federal Trade Commission settled an action it had brought against Nomi Technologies, a provider of “in-store analytics” technology. The fact that the action was brought against Nomi to begin with, considering...more

Wage claims by unpaid interns heat up

School is out and temperatures are rising. For many employers, summertime means a new crop of student workers. Summer internship programs are a time-honored tradition at many companies, providing educational benefits to the...more

The Internship 2: Now Paid? Viacom Pays Record Settlement on Intern Lawsuit

Viacom recently announced a settlement of $7.2 million dollars to end litigation by numerous unpaid interns for the Company’s television networks. In 2013, two former interns sued Viacom claiming that it violated the Fair...more

Rewind and Replay: Plaintiffs Appeal Dismissal of VPPA Suits against Viacom, Google and Dow Jones

Plaintiffs in two recently dismissed class actions alleging violations of the Video Privacy Protection Act (“VPPA”) filed notices of appeal this week, asking the Third and Eleventh Circuit Courts of Appeals to hit the rewind...more

Courts Continue To Find That Unique Device Identifiers Are Not Personally Identifiable Information (PII) Under The Video Privacy...

Two recent federal district court rulings regarding the Video Privacy Protection Act (VPPA) follow the emerging trend of decisions indicating that courts are reluctant to find violations of the VPPA for sharing anonymous...more

Viacom and Google Win Important Dismissal in Online Tracking Class Action

Last week the United States District Court for the District of New Jersey dismissed, with prejudice, class action claims against Google and Viacom concerning targeted advertising and the online tracking of children through...more

When Plaintiffs Try to Fit Square Pegs in Round Holes – U.S. District Court Ends VPPA, State Law Class Action Against Viacom,...

On Tuesday, Jan.20, New Jersey Federal District Judge Stanley R. Chesler dismissed with prejudice the last remaining allegations in a multidistrict class action against Viacom and Google, formally ending plaintiffs’ suit...more

Google/Viacom Win Video Privacy Protection Act Case – Common Sense Finally Emerges

In an important decision in a federal court case in New Jersey, In Re Nickelodeon Privacy Litigation, Google and Viacom obtained a dismissal of a claim against them under the Video Privacy Protection Act (“VPPA”). The...more

Thinking about Hiring Interns? New Case Reminds Employers of Rules on Interns

Following similar decisions involving Hearst Corporation and Viacom, a federal judge in the Southern District of New York recently granted conditional certification of a potential nation-wide class of approximately 3,000...more

Southern District Of New York Judge Conditionally Certifies Another Unpaid Intern Collective Action

O’Jeda v. Viacom, Inc., 13 Civ. 5658 (S.D.N.Y. Apr. 4, 2014): As we covered in our June 2013 and September 2013 issues, a number of intern misclassification cases are currently before New York courts. While those cases are...more

FCC Proposes Fines of More Than $1.9M for EAS Violations

On March 3, 2014, the Federal Communications Commission (FCC) issued an omnibus Notice of Apparent Liability (NAL) that proposes substantial fines totaling more than $1.9 million against Viacom, ESPN and NBCUniversal (the...more

Williams v. Black Entertainment Television, Inc. - USDC E.D. New York, February 14, 2014

Pro se plaintiff Charles Williams brought an action for copyright infringement against defendants Viacom, Inc.; Black Entertainment Television LLC s/h/a BET Networks; A&E Television Networks, LLC; Apple, Inc.; Netflix, Inc.;...more

November 2013: Entertainment Litigation Update

Viacom Executive’s Name Not Protected as Trademark Under Web Domain Rules. On September 6, 2013, a World Intellectual Property Organization (“WIPO”) arbitrator denied Viacom President and CEO Philippe Dauman’s claim for...more

Winshall v. Viacom Int’l Inc., C.A. No. No. 39, 2013 (Del. Oct 7, 2013)

In this opinion, the Supreme Court of the State of Delaware affirmed the Court of Chancery’s judgment granting the defendants’ motion to dismiss for failure to state a claim upon which relief can be granted, rejecting a claim...more

Viacom Int'l Inc. v. Winshall, No. 513, 2013 (Del. July 16, 2013)

In this en banc decision, the Delaware Supreme Court affirmed the Court of Chancery’s decision granting summary judgment in favor of Winshall and denying Viacom’s motion for summary judgment to vacate an arbitration...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 23, 2013

Capitol Records, Inc. v. MP3tunes, LLC, USDC, S.D. New York, May 14, 2013 - District court grants in part motions for reconsideration of order granting summary judgment in defendants' favor based on DMCA safe harbor...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- April 26, 2013

- Viacom International v. Google Inc., USDC S.D. New York, April 18, 2013: On remand from the Second Circuit, district court grants summary judgment in favor of Google and its YouTube platform on all copyright...more

Viacom’s Copyright Suit against YouTube Again Faces DMCA Roadblocks in the District Court

Following the Second Circuit’s remand order last year on appeal of an initial grant of summary judgment for YouTube, the Southern District of New York has revisited the issues in Viacom’s copyright infringement suit and again...more

Viacom v. YouTube Update: What Does It Mean For Me?

The district court in New York dismissed Viacom’s lawsuit against YouTube yesterday. Yes, this case has been on appeal and remanded several times. Viacom may appeal the Second Circuit Court of Appeals once again, so it may...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 14, 2013

In This Issue: - Gibson Guitar Corp. v. Viacom International, Inc., USDC C.D. California, March 8, 2013: District court grants Viacom’s motion to dismiss plaintiff’s Lanham Act and related state law claims for...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

Advertising Law -- Jan 18, 2013

In This Issue: POM Loses Again to the FTC – Will Other Advertisers?; Instant Instagram Controversy; LASIK Providers Need Corrective Advertising; FTC Reports on Food Industry Marketing to Kids; Google, Viacom Accused of...more

“Where Are They Now”: Law Law Land Edition

This time last year, Law Law Land joined the hackneyed proud tradition of legal blogs offering year-end lists of cases to watch in the coming year (though in our defense, we did try to mix it up by reviewing totally absurd...more

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