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Tennessee Law Addresses Proliferation of Deepfakes

Tennessee has enacted the Ensuring Likeness, Voice and Image Security (ELVIS) Act, which aims to protect individuals from the use of their persona in connection with “deepfakes” (i.e., fake content generated by artificial...more

2024 Insights: Enforcement and Litigation

Expert Allegations Could Become More Frequent in Securities Fraud Complaints and Possibly Erode Pleading Standards - A Ninth Circuit panel ruling that plaintiffs could use expert analysis to bolster securities fraud claims...more

FTC Enforcement Trends in Consumer Protection Under the Biden Administration

The Federal Trade Commission (FTC or the Commission) has continued aggressive regulation in the consumer protection space under the Biden administration. This persistent approach has occurred even in the face of recent...more

Supreme Court Holds Lanham Act Attaches Only to Liability for Domestic Uses in Commerce

On June 29, 2023, the U.S. Supreme Court ruled unanimously in favor of the petitioner in Abitron Austria GmbH v. Hetronic International Inc. However, the justices were divided 5-4 as to the precise reasoning and what facts...more

Supreme Court Sharply Limits Applicability of Rogers v. Grimaldi Test for Trademark Infringement

On June 8, 2023, the U.S. Supreme Court ruled unanimously in favor of the petitioner in Jack Daniel’s Properties, Inc. v. VIP Products LLC. The Court held that a heightened standard for trademark infringement applied by many...more

Supreme Court Addresses Copyright Fair Use Defense in Goldsmith

On May 18, 2023, the U.S. Supreme Court ruled 7-2 in favor of the respondent copyright holder in Andy Warhol Foundation for the Visual Arts, Inc. v. Lynn Goldsmith et al., No. 21-869, analyzing the Copyright Act’s first fair...more

FTC Addresses Social Media, Influencers, Consumer Reviews in Proposed Endorsement Guides Amendments

On May 19, 2022, the Federal Trade Commission (FTC) voted unanimously to approve and publish for public comment proposed amendments to its Guides Concerning the Use of Endorsements and Testimonials in Advertising (the...more

Supreme Court Holds That Good Faith Mistakes of Law and Fact Are Protected by Copyright Registration Safe Harbor

On February 24, 2022, the U.S. Supreme Court held in Unicolors, Inc. v. H&M Hennes & Mauritz, L.P. that the safe harbor provision concerning inaccurate information in copyright registrations, as set forth at 17 U.S.C. §...more

Video Gaming / E-Gaming Law Update – February 2022

[co-author: Avanthi Cole] Main Quest - How To Tell ROM From Right - As we review some of the more prominent legal issues that impacted the video game industry this past year and consider what 2022 may have in store,...more

Video Gaming / E-Gaming Law Update – September 2021

Main Quest - ‘Mint’ Conditions: NFTs and Video Games - Over the course of the past year, nonfungible tokens (NFTs) have transformed from a relatively niche product for those in the cryptocurrency sector to an increasingly...more

Video Gaming / E-Gaming Law Update - February 2021

The end of 2020 marked a major turning point for the video game industry on numerous fronts: The precipitous rise in popularity of — and participation in — esports (bolstered, in part, by stay-at-home orders due to the...more

US Supreme Court Holds That Adding ‘.com’ to Generic Name May Create Protectable Trademark

On June 30, 2020, the U.S. Supreme Court decided United States Patent and Trademark Office et al. v. Booking.com B.V. and resolved a circuit split by ruling that adding “.com” to the end of an otherwise generic name may...more

US Supreme Court Rejects ‘Defense Preclusion’ in Trademark Suit

On May 14, 2020, the U.S. Supreme Court resolved a circuit split, finding that any preclusion of litigation defenses must comply with traditional res judicata principles, and ruling that Lucky Brand Dungarees, Inc. (Lucky...more

US Supreme Court Rejects Attempt To Copyright Annotated Version of State Laws

On April 27, 2020, the U.S. Supreme Court ruled in a 5-4 vote in Georgia v. Public.Resource.Org, Inc., 590 U.S. ____, that pursuant to the “government edicts” doctrine, annotations to Georgia’s state code could not be...more

US Supreme Court Rejects Willfulness Requirement for Profit Awards in Trademark Infringement Cases

On April 23, 2020, the U.S. Supreme Court unanimously ruled that a plaintiff is not required to prove that a defendant’s misconduct was willful in order to obtain an award of a defendant’s profits in trademark infringement...more

Coronavirus/COVID-19: Implications of Event Postponement and Cancellation

The outbreak of coronavirus/COVID-19 has caused numerous companies and event organizers to postpone, reschedule or even cancel public events. Due to regulations and advisories from governments and public health organizations...more

US Supreme Court Strikes Down Decades-Old Statute Authorizing Copyright Infringement Suits Against States

On March 23, 2020, the U.S. Supreme Court ruled unanimously in Allen v. Cooper, 589 U.S. ____, that the Copyright Remedy Clarification Act of 1990 violated the 11th Amendment by purporting to authorize private copyright...more

Video Gaming / E-Gaming Law Update - March 2020

The use of third-party trademarks in video games is not a new phenomenon. In fact, conflicts between game developers and trademark owners have existed for almost as long as the medium itself.1 Now, however, as games continue...more

Supreme Court Issues Unanimous Ruling Denying PTO Attorneys’ Fees for Section 145 Actions

On December 11, 2019, in Peter v. NantKwest, Inc., 589 U.S. __ (2019), the U.S. Supreme Court issued a unanimous decision holding that the U.S. Patent and Trademark Office (PTO) cannot recover the salaries of its legal...more

Video Gaming: Is My Loot Box Legal?

The rise of the video game industry in recent years has led to growing scrutiny of certain practices by government officials. Most recently, on August 7, 2019, the Federal Trade Commission (FTC) held a public workshop to...more

Video Gaming / E-Gaming Law Update - August / September 2019

In the inaugural issue of Video Gaming / E-Gaming Law Update, we explore the legal risks and consumer protection issues surrounding "loot boxes" and summarize recent judicial decisions and new litigation filings that may...more

US Supreme Court Strikes Down Ban of ‘Scandalous’ Trademarks

On June 24, 2019, the U.S. Supreme Court ruled, in a 6-3 decision in Iancu v. Brunetti, 588 U.S. ____ (2019), that Section 2(a) of the Lanham Act’s ban on the registration of “immoral” or “scandalous” trademarks violates the...more

US Supreme Court Holds That Bankrupt Companies Cannot Rescind Trademark Licenses

On May 20, 2019, the U.S. Supreme Court ruled in Mission Product Holdings, Inc. v. Tempnology, LLC, 587 U.S. ___, that a debtor’s ability to reject executory contracts under Section 365(a) of the Bankruptcy Code does not...more

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