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Music First Amendment

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - September 2024

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Illinois Attorney General Kwame Raoul announced that Illinois has joined an $82.5 million proposed antitrust settlement with Varsity Brands (Varsity). As a result, Illinois consumers who paid to participate in Varsity Brands’...more

Venable LLP

Tennessee Out Front: Enacting Protections Against AI Misuse in the Music Industry

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Last month, Tennessee Governor Bill Lee signed into law the Ensuring Likeness Voice and Image Security Act of 2024—known as the “ELVIS Act”—making Tennessee the first state to address head-on potential misuses of artificial...more

Kaufman & Canoles

K&C Sports & Entertainment Law Weekly Roundup - February 2024 #4

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The first person charged for violating a 2020 law that forbids conspiracies to taint international sports events through performance-enhancing drugs received a three-month prison sentence. Federal prosecutors used the...more

Dorsey & Whitney LLP

Wavy Baby’s Shoes Not Entitled to Special First Amendment Protections

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40 years ago, I was the new kid in 6th grade – truly a terrible age in a young girl’s life to try and “fit in” at a new elementary school in a small town. But, one of my best memories from that year was procuring my first...more

Dorsey & Whitney LLP

Eleventh Circuit: First Amendment Means MTV Floribama Shore Does Not Infringe FLORA-BAMA Trademark

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In MGFB Properties, Inc. v. Viacom Inc., the U.S. Court of Appeals for the Eleventh Circuit recently sided with Viacom and its subsidiary MTV in a trademark action brought by the owners of the Flora-Bama Lounge, who alleged...more

Akerman LLP - Marks, Works & Secrets

Supreme Court Rejects Effort By Redskins to Join Slants

The Supreme Court rejected the effort by the Washington Redskins to skip the 4th Circuit and Join the hearing of the USPTO appeal of the SLANTS case....more

Dickinson Wright

Brandmarking - Volume 5, Number 2 - October 2016

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Supreme Court Review of “Disparagement” Trademark Case May – or May Not – Implicate First Amendment, Impact Washington Redskins Case - The U.S. Supreme Court yesterday agreed to hear one of two high-profile cases that...more

Akerman LLP - Marks, Works & Secrets

Supreme Court Grants Cert. in USPTO Appeal of Slants Decision: Whether The Ban On Offensive Trademarks Violates The First...

The Supreme Court granted the United States Patent and Trademark Office’s petition for certiorari in In re Tam, 117 USPQ2d 1101 (Fed. Cir. 2016). In that case, the USPTO denied registration of an application to register the...more

Kelley Drye & Warren LLP

Aretha Franklin Is Looking For A Little Respect From Telluride And Toronto Film Festivals

On September 4, 2015, a long running legal battle over the right to use footage from a 1972 concert by Aretha Franklin took a twist right out of a Hollywood movie when the Queen of Soul sought, and was granted, a temporary...more

Manatt, Phelps & Phillips, LLP

Entertainment and Media Litigation Update

Garcia v. Google: “Doubtful” Copyright Ownership Claim in Film Performance Does Not Outweigh First Amendment Right to Free Speech - Why it matters: In a closely watched case that tests the limits of copyright protection,...more

McDermott Will & Emery

Federal Circuit Vacates Panel Decision on Disparaging Trademark and Orders En Banc Hearing - In re Tam

The U.S. Court of Appeals for the Federal Circuit issued a sua sponte order vacating its April 20, 2015, decision in In re Tam to consider the constitutionality of Section 2(a) of the Lanham Act, which provides that the U. S....more

Greenberg Glusker LLP

“Hustlin’” to a Legal Victory: Rick Ross and the Right of Publicity

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California gives you the right to profit from your own identity. But what if you assume somebody else’s? Rick Ross is famous for rapping about cocaine. Ricky D. Ross is famous for selling it. Ross (the cocaine...more

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