Last week, in Maloney v. T3 Media, Inc., the U.S. Court of Appeals for the Ninth Circuit held that claims under state right-of-publicity law are preempted by the Copyright Act “when a likeness has been captured in a...more
4/12/2017
/ Anti-SLAPP ,
Class Action ,
Copyright ,
Corporate Counsel ,
First Amendment ,
Intellectual Property Protection ,
Name and Likeness ,
NCAA ,
Photographs ,
Popular ,
Preemption ,
Right of Publicity ,
The Copyright Act ,
Unfair Competition ,
Websites
8th Circuit affirms summary judgment in favor of NFL on former NFL players’ right of publicity claim, finding the claim to be preempted by the Copyright Act.
Courts around the country have long struggled to define and...more
The Ninth Circuit affirmed the right of filmmakers and writers to use the story of Army Master Sgt. Jeffrey Sarver, an Army bomb disposal technician in Iraq, in the creation of the film The Hurt Locker. Sarver v. Chartier, 16...more
Copyrighting Player-Generated Content in Video Games -
Last year, consumers spent more than $21 billion on the video game industry. The Entertainment Software Association reports that almost 60% of Americans—roughly...more
4/6/2015
/ Claim Construction ,
Clear Error Standard ,
Copyright ,
Costco ,
Entertainment Industry ,
Film Industry ,
Hana Financial v Hana Bank ,
Legislative Agendas ,
Patents ,
Pharmaceutical Patents ,
Tacking ,
Teva Pharmaceuticals ,
Teva v Sandoz ,
The Copyright Act ,
Trade Secrets ,
Trademarks ,
Video Games
In the first substantial trademark case in over a decade, the Supreme Court unanimously decided that a jury can apply the tacking doctrine and decide whether two trademarks, used by a single party, convey the same commercial...more
Manuel Noriega v. Activision Blizzard, Inc., No. BC 551747 (Cal Super. Ct. filed October 27, 2014) -
In recent years, federal and state courts have wrestled with how to assess right of publicity claims in the video...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
6/11/2014
/ Domain Names ,
Endorsements ,
First Amendment ,
Free Speech ,
gTLD ,
Inter Partes Review (IPR) Proceeding ,
Internet ,
Inventors ,
Patent Litigation ,
Patents ,
Popular ,
Right of Publicity ,
Trade Secrets ,
UTSA
“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
On Wednesday, July 31, 2013, the Ninth Circuit issued two opinions assessing the parameters of use of individual player likenesses in video games in two highly watched cases...more