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Communications & Media Art, Entertainment & Sports

Read need-to-know updates, commentary, and analysis on Communications & Media issues written by leading professionals.

More Fair Use of the Super Bowl Trademark?

Downtown Minneapolis is starting to come alive for upcoming Super Bowl LII, you can feel the energy building and commerce flowing, new ads and signage being erected almost daily...more

Celebrities, personality rights and privacy: what marketers need to know about permission

by Smart & Biggar on

William Shatner made headlines in November when he took to Twitter to express his displeasure that his name and likeness were used without his permission to promote a condo development in Hamilton, Ontario. The development in...more

Sail On: Former Commodores Guitarist Fails to Establish Rights in Band's Trademark

Who owns a band’s trademark when that band is composed of multiple people? And more importantly, what rights does a band member have in that trademark when they leave the band? Earlier this week, the Eleventh Circuit...more

Proposed Pepsi Center Consent Decree Requires Open Captioning at Games and Concerts

In a proposed consent decree submitted for preliminary approval to the federal district court in Denver on December 29, 2017, the owners and operators of the Pepsi Center arena in Denver reached an agreement with a proposed...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

China: Annual online piracy crackdown campaign 2017: Results announced

by Hogan Lovells on

The results of the 2017 edition of China’s annual online piracy crackdown campaign, called the “Sword Net Action” (????), were recently published. As we announced earlier, the 2017 crackdown campaign promised to take a heavy...more

The Curious Case of Comic Con; Or is it Comic-Con?

by Workman Nydegger on

On Friday, December 8, 2017, a jury in San Diego, California found that Salt Lake Comic Con infringed the trademark of San Diego Comic-Con. The jury found, however, that the infringement was not willful and therefore awarded...more

Intellectual Property Basics

by Jackson Walker on

This handout provides an entry level discussion of intellectual property and sets out IP action steps. TABLE OF CONTENTS - Introduction - Trademarks - Copyrights - Patents - Trade Secrets - Keep Attorneys From...more

Apple Now Requires Disclosure of Loot Box Odds

by Fenwick & West LLP on

Apple’s App Store rules now require app developers to disclose the odds of receiving items from in-game “loot boxes” prior to giving players a chance to purchase the boxes. This is the first time a U.S. gaming platform has...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

Apple Requires Disclosure of Odds for Loot Boxes

Apple just announced a number of changes to its App Store Review Guidelines, including the requirement that apps offering “loot boxes” or other mechanisms that provide randomized virtual items for purchase must disclose the...more

#TheFTCisWatchingYou: Influencers, Hashtags and Disclosures 2017 Year End Review

by Patrick Law Group, LLC on

Influencer marketing, hashtags and proper disclosures were the hot button topic for the Federal Trade Commission (the “FTC”) in 2017, so let’s take a look at just how the FTC has influenced Social Media Influencer Marketing...more

Three Point Shot - December 2017

by Proskauer Rose LLP on

Showdown over Mayweather – McGregor Streaming Glitches Knocked out of District Court - All boxing fan Victor Mallh ("Mallh" or "Plaintiff") wanted for the holidays this year was a chance to stand toe-to-toe with...more

Making VHS Relevant Again: The Uncertain Scope of Personal Information Protected by the Video Privacy Protection Act of 1988

The Ninth Circuit recently became the third federal appellate court to tackle what constitutes “personally identifiable information” protected by the Video Privacy Protection Act of 1988 (“VPPA”). Last year, the First Circuit...more

No Liability for Self-Publishing Platforms over Author’s Use of Unauthorized Cover Photo

In a brief, unpublished opinion, the Sixth Circuit affirmed the dismissal of right of publicity and privacy claims against a host of self-publishing platforms and service providers for distributing an erotic (and purported...more

Ninth Circuit: ESPN Prevails VPPA Dispute

In the latest attempt to apply the Video Privacy Protection Act (VPPA) to 21st-century technology, the U.S. Court of Appeals, Ninth Circuit affirmed dismissal of Chad Eichenberger’s lawsuit against ESPN Inc....more

No About-Face for Second Circuit in Face-Scanning Suit

A video game company successfully dodged a lawsuit which claimed that face-scanning technology violated an Illinois privacy law, in a new decision from the U.S. Court of Appeals, Second Circuit....more

Art Galleries, Dealers, Buyers, and Sellers Now the Target of High-Stakes Digital Heists

In the financial industry, companies engaging in million-dollar transactions invest in the latest in technology in order to safeguard valuable assets. However, in the art world—a market built on relationships and...more

Copyright Does Not Protect Ideas, Only Expression

On December 6, 2107, Judge Louis Stanton dismissed Randy Brown’s copyright law suit against Time Warner, Turner Broadcasting, Cartoon Network and others, based upon the claim that the television series Black Jesus infringed...more

Data and sporting integrity - the key issues to consider

by DLA Piper on

I spoke at Sportel in October about data issues in relation to the regulation of sport, particularly in relation to betting integrity. The topic raises a number of knotty issues...more

After Schiano: Lessons For Athletic Directors from Tennessee’s Coaching Search

The vetting and hiring of a new coach is one of the most critical responsibilities athletic directors face. Athletic directors work to identify coaching candidates that will give the university’s teams an opportunity to win...more

The 9th Circuit Adopts the “Ordinary Person” Standard for “Personally Identifiable Information” Under The Video Privacy Protection...

• The 9th Circuit affirmed the dismissal of a putative class action alleging that ESPN disclosed “personally identifiable information” in violation of the Video Privacy Protection Act of 1988 (VPPA) by knowingly disclosing to...more

Big Screen Opportunity

In today’s world of social media, mobile gaming, “peak TV,” and streaming everything, audiences have more choice than ever before in how and what they consume. As content choices increase, some critics and shareholders have...more

The Evolving Global Theatrical Stage

Movies may be the United States’ most powerful export. The U.S. is still the leading film market by box office revenue worldwide. From the early 20th century to the turn of the 21st, Hollywood films represented the majority...more

The Legality of Loot Boxes – Update

We recently blogged on legal issues with loot boxes as a game mechanic, and some of the scrutiny to which they are being subjected. The debate continues on whether loot boxes are an illegal gambling mechanic, but at least for...more

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