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Read Business Torts updates, news, and legal commentary from leading lawyers and law firms:

Not-So-Golden Oldies - Florida’s Top Court Denies Turtles' pre-1972 Copyright Claim

In a unanimous October 26, 2017, decision, the Supreme Court of Florida concluded that Florida common law does not recognize an exclusive right of public performance in pre-1972 sound recordings. Thus, members of the band,...more

Graffiti Artists Tag Camuto Fashion House for Copyright Infringement

by Dorsey & Whitney LLP on

Earlier this month, four Los Angeles-based graffiti artists, “Rime,” “Host18,” “Taboo” and “Reme” filed suit against the Vince Camuto fashion house and related entities alleging copyright infringement for “inexplicably...more

Master of Your Domain – ACPA Damages Sought by Greg LeMond

by Dorsey & Whitney LLP on

You might want to think twice before registering a domain name containing a competitor’s personal name or trademark. Three-time Tour de France winner Greg LeMond put his “pedal to the metal” recently, suing two Minnesota...more

Influencer Marketing: The FTC's Evolving Policies on Paid Promotion Disclosure

by Knobbe Martens on

Rapid Growth of Influencer Marketing - With more consumers cutting the cord to their TVs and paying for premium subscriptions or ad blockers to avoid advertising, social media has become an important medium through which...more

Some Like It Infringed? Monroe Estate Continues Intellectual Property Battles Despite Lack of Publicity Rights

by Knobbe Martens on

On Wednesday, November 9, 2016 the estate of Marilyn Monroe filed a complaint in the Southern District of New York against Fashion Central. The Monroe Estate claims that Fashion Central infringes its intellectual property...more

qech wej QaD trademark nIH (Trademarks Don’t Protect Ideas)

Lucas Film Limited has sued Michael Brown and his Light Saber Academy for trademark infringement, unfair competition, dilution, cybersquatting, state unfair competition, and dilution, arising from Mr. Brown’s running an...more

Do Kanye’s Words Speak Louder than Tidal’s TOS?

A Chicago law firm has challenged Jay-Z and Kanye West, filing a class action complaint for violations of the California Business & Professions Code, fraudulent inducement and unjust enrichment in the Northern District of...more

Copyright Alert: Fox v Dish Summary Judgment Rulings

by Fenwick & West LLP on

Mixed Outcomes on Copyright and Contract Issues Re: Volition, Time- and Space-Shifting, Intermediate Copying and Commercials-Skipping - In a complex opinion addressing intermingled copyright and contract issues, a...more

Legally Compliant Online Promotions - Doing Online Promotions Without Getting Sued

by Gray Reed & McGraw on

In This Presentation: - User Generated Content ..What, Me Worry? What could go wrong with UGC? - The Communications Decency Act ..Section 230 - The DMCA ..Safe Harbor - Sweepstakes, Contests and...more

Advertising Injury Coverage and Fashion Designs

by Riveles Wahab LLP on

Modern businesses today consider their intellectual property as one of their most valuable assets. This is certainly the case for the fashion industry, where brands rely heavily upon trademark laws in the absence of a more...more

California Appellate Court Upholds Trial Court's Dismissal of a Coverage Claim for an Alleged Advertising Injury - Perspectives...

A recent decision in California put a crimp in a rock star impersonator's effort to seek coverage for his liability to the rock star for "trading on his celebrity." In Oglio Entertainment Group, Inc. v. Hartford Casualty...more

Aesthetic Functionality Still has Legs in the Ninth Circuit

A review of the practical impact of the trademark decision Fleischer Studios, Inc. v. A.V.E.L.A., Inc. ...more

Court of Appeal Orders Unauthorized Digital Billboards Removed

Los Angeles has had a long and controversial history dealing with billboard issues, most recently brought to light in the Second District Court of Appeal decision in Summit Media v. City of Los Angeles (12/10/12), a case in...more

I HAVE A TRADEMARK, HOW DO I EVICT THE CYBERSQUATTER FROM MY DOMAIN NAME?

by Charles Runyan on

The domain name business remains rough-and-tumble. Little consideration goes into the niceties of paying attention to trademark rights. If you have a federally registered trademark and don't already have a corresponding...more

UK Supreme Court: Joseph -v- Spiller, a new defence of honest comment in defamation proceedings

by Druces LLP on

The United Kingdom Supreme Court restates the 'fair comment' defence to defamation claims as 'honest comment', relaxing the requirement to provide readers with all of the facts necessary to allow them to judge themselves...more

Michael Jordan v Dominick's Finer Foods LLC

Complaint

by Tamera Bennett on

Michael Jordan and his brand licensing company sues local Chicago grocery story for unauthorized use of Michael Jordan's name and likeness....more

Roxbury Entertainment v. Penthouse Meida Group, Inc.

Judgment in favor of defendants and agaisnt plaintiff

by Tamera Bennett on

Roxbury...more

Saunders v. Jerry Garcia Estate, LLC

First Amended Complaint

by Tamera Bennett on

The latest suit against assets once controlled by Jerry Garcia involves the trust holding the publicity rights of musician Merl Saunders vs Jerry Garcia Estate, LLC. Merl Saunders performed hundreds of times with Garcia...more

Phish, Inc. v. Knighthood Tees

Ruling on Motion for Preliminary Injunction

by Robert Scott Lawrence on

District Court Judge Murtha's Order denying Phish's Motion for Preliminary Injunction except as to use of the registered mark PHISH, which defendants had previously, voluntarily agreed to forego using. The exhibits to the...more

Phish, Inc. v. Knighthood Tees

Defendants' Opposition to Phish's Motion for Preliminary Injunction

by Robert Scott Lawrence on

Defendants Knighthood Tees and Sean Knight opposed Phish's motion for preliminary injunction on the grounds that the complained-of conduct -- the production and sale of t-shirts using titles and lyrics from the band's songs...more

Phish, Inc. v. Knighthood Tees

Reply In Support of Motion to Dismiss for Lack of Jurisdiction

by Robert Scott Lawrence on

Defendant Knighthood Tees Reply Memorandum In Support of its Motion to Dismiss argues that (a) defendants did not purposefully interject themselves into the stream of commerce in California, (b) that it would be unduly...more

Phish, Inc. v. Knighthood Tees

Motion to Dismiss for Lack of Jurisdiction

by Robert Scott Lawrence on

The band Phish filed an action for copyright infringement against a fan who made and sold tee shirts using variations on the band's song titles and lyrics. The shirts were humorous, and thus the song "Glide" became...more

Robert Schimmel, et. al., v. Mark Lonow, et. al. (Improv Copyright / Civil RICO Case)

Schimmel v. Lonow, et. al. (Improv) Exhibits to Third Amended Complaint for Copyright Infringement, Civil RICO, related...

by Ian Imrich on

Case Summary: Comics Sue Improv Comedy Club and Distributors, Allege Illegal Use of Material claiming parts of their stand-up comedic performances were recorded and distributed without their consent and sold for profit...more

Robert Schimmel, et. al., v. Mark Lonow, et. al. (Improv Copyright / Civil RICO Case)

Plaintiffs' Third Amended Complaint for Copyright Infringement; Civil Racketeering; Related Supplemental Claims

by Ian Imrich on

Case Summary: Comics Sue Improv Comedy Club and Distributors, Allege Illegal Use of Material claiming parts of their stand-up comedic performances were recorded and distributed without their consent and sold for profit...more

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