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Notorious B.I.G Estate Evades Copyright Lawsuit

by Robins Kaplan LLP on

The estate of Christopher Wallace, better known as The Notorious B.I.G. or Biggie Smalls, reigned supreme last week in the Southern District of New York after U.S. District Judge Alison J. Nathan dismissed a copyright suit...more

Former Band Member Must Sail On Down the Line

by McDermott Will & Emery on

The US Court of Appeals for the 11th Circuit upheld a permanent injunction precluding a musician from using the trademarks of his former band. Commodores Entertainment Corp. v. Thomas McClary, Case No. 16-15794 (11th Cir.,...more

College Athletes Appeal to Seventh Circuit Against FanDuel’s and DraftKings’ Use of Images

by Reed Smith on

A proposed class of approximately 3,000 former college athletes recently filed an appeal in the Seventh Circuit against FanDuel and DraftKings. The players are reviving their proposed class action, claiming that FanDuel’s and...more

Second Circuit Rejects Fair Use Defense in TVEyes, Finds Online Service Liable for Direct Copyright Infringement

On February 27, 2018, in Fox News Network, LLC v. TVEyes, Inc., Case No. 15-3886 (2nd Cir. 2018), the U.S. Court of Appeals for the Second Circuit held that certain functions of TVEyes, a TV database service, do not qualify...more

Ninth Circuit: Dolphin Crossing Not Copyright Protectable

An idea that is first found in nature cannot be the subject of copyright protection, the U.S. Court of Appeals, Ninth Circuit explained in a decision involving the depiction of two dolphins crossing underwater....more

Second Circuit Holds News Video Clip Search Engine Is Not Fair Use

by Snell & Wilmer on

The Second Circuit held yesterday in Fox News Network, LLC v. TVEyes, Inc., that a media service offering a search engine of video clips from news networks violates copyright law. On appeal, the Second Circuit held that such...more

Supreme Court to Decide Future of Sports Betting: Implications for Tribal Casinos

by WilmerHale on

The Supreme Court’s forthcoming decision in Christie v. National Collegiate Athletic Association (Nos. 16-476, 16-477) will have profound implications for sports betting in the United States and will potentially open the door...more

Question Mark Leaves Court Questioning Defamation Claim

Demonstrating the power of punctuation, actor James Woods dodged a Twitter defamation suit after a federal court judge found that his use of a question mark meant his tweet was not a false statement of fact and merely invited...more

11th Circuit Affirms Dismissal of Defamation Claim Against Law Firm for Its Internal Investigation

by Akin Gump - Excubitor on

In a decision is sure to assuage the concerns of those engaged in conducting internal investigations, the 11th Circuit ruled last month that the law firm authors of an investigative report on the culture within a professional...more

Members of the Berkshire Museum Pledge to Continue Fight Against Liquidation of the Museum’s Art Collection

by Sullivan & Worcester on

(Boston, MA, February 13, 2018) Sullivan & Worcester LLP clients and Berkshire Museum members James Hatt, Kristin Hatt, and Elizabeth Weinberg sharply denounced today the agreement that was announced Friday evening between...more

11th Circuit Affirms Dismissal of Ex-NFL Coach's Defamation Action

by Ballard Spahr LLP on

A federal appeals court has ruled that a former Miami Dolphins coach—accused of bullying a player—did not have a valid defamation claim against a law firm that investigated the team's locker room culture....more

Washington Redskins’ Us Trademark Registrations Reinstated By The Fourth Circuit

by Ladas & Parry LLP on

On January 18, 2018, the U.S. Court of Appeals for the Fourth Circuit reinstated the Washington Redskins’ federal trademark registrations originally cancelled by the Trademark Trials and Appeals Board (“TTAB”) in 2014 in...more

Vegas Hockey Team Faces Off Against The U.S. Army Over Trademark Dispute

by Dorsey & Whitney LLP on

The Vegas Golden Knights, an expansion team based in Las Vegas that joined the National Hockey League (NHL) earlier this year, have had a surprisingly successful “rookie year,” both on the ice and at the box office. This...more

Sue-per Bowl Shuffle IV: The Year In NFL-Related Intellectual Property Litigation

If you are a lawyer, there is a serious danger that someone at the Super Bowl party you attend is going to want to talk about an NFL-related legal issue. Did Cowboys owner Jerry Jones really have standing to challenge...more

Bringing Back Indirect Purchasers – DOJ Considers Seeking Reversal of Illinois Brick

by Faegre Baker Daniels on

For over 40 years, the Supreme Court has barred, with very limited exceptions, indirect purchasers— end customers who purchase products through an intermediate source—from seeking federal antitrust damages. But Andrew Finch,...more

Mohegan Sun’s Motion to Complete the Administrative Record in Casino Litigation Denied

Background: When the Massachusetts Gaming Commission (MGC) awarded a gaming license to Wynn to operate a casino in Everett, Massachusetts, MGC effectively chose Wynn over Mohegan Sun, which sought a license to operate a...more

Ticket-Gate”- Revisiting The Intersection Of Professional Football And Class Actions

by Jackson Lewis P.C. on

First, Deflategate. Now, “Ticket-gate?” Stirring in the United States District Court, Northern District of Ohio, a putative class action takes aim at an unsafe football field, a cancelled preseason game, and over a million...more

Members of the Berkshire Museum File Appeal Papers to Stop Museum's Planned Sale of 40 Works from its Collection

by Sullivan & Worcester on

(Boston, MA, January 16, 2018) Sullivan & Worcester LLP has filed its papers in the appeal by its clients, the members of the Berkshire Museum who sued to enjoin the museum’s sale of 40 works of art and sculpture. The appeal...more

Intellectual Property Bulletin - Winter 2018

by Fenwick & West LLP on

Crowdsourced Content in Video Games: How Ownership Issues Almost “Ganked” a Copyright Case - In Blizzard Entertainment v. Lilith Games (Shanghai) Company, a federal court denied a motion for partial summary judgment for...more

Oh, the Places Copyright and Trademark Law Go!

In a case described by the judge as presenting an “important question regarding the emerging ‘mash-up’ culture,” a jury will consider the copyright and trademark claims raised by a Star Trek version of Dr. Seuss’s Oh, the...more

Empire Strikes Back: First Amendment Protects TV Series Title

by McDermott Will & Emery on

Addressing the issue of trademark infringement specific to the title of an expressive work, the US Court of Appeals for the Ninth Circuit affirmed the district court’s conclusion that Twentieth Century Fox’s use of the name...more

Dr. Dre Wins Partial Summary Judgment in Copyright Infringement Lawsuit

by Robins Kaplan LLP on

Andre Romelle Young, a.k.a Dr. Dre, was awarded partial summary judgement after a Kentucky federal judge found the hip-hop mogul and NWA member not liable for copyright infringement of plaintiff’s sound recording. ...more

Text, blood and rock 'n' roll

by DLA Piper on

A recent case involving the legendary rock band Lynyrd Skynyrd is noteworthy not only for the fame of its parties, but also for its important and expansive outcome regarding an important eDiscovery issue. In Ronnie Van Zant,...more

Ninth Circuit Weighs In On Scope of Identifiable Information under VPPA

by Ropes & Gray LLP on

On November 29, 2017, the Ninth Circuit added to an existing circuit split that has emerged regarding the definition of “personally identifiable information” under the Video Privacy Protection Act (VPPA). The Ninth Circuit...more

Closed List Arbitrator Appointments: A Case Study

by WilmerHale on

The Selection of international arbitrators is one of the most important aspects of the arbitral process. Established methods span from the selection of arbitrators by agreement between the parties to the selection by...more

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