Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
<b><i>Persona Rights on Trial</b></i> Inside the Nevada Litigation by Bob Marley's Heirs Against the Unauthorized Use of Marley's Image
Celebrities have often used claims of unfair competition by false association or false endorsement under '43(a) of the federal Lanham Act as a basis for recourse against the unauthorized use of aspects of their identities and personas. The potency of a celebrity association claim was recently reinforced in the U.S. District Court for the District of Nevada, where in February 2011 a jury found for Fifty-Six Hope Road Music Ltd. (composed of Bob Marley's heirs) and Zion Rootswear LLC (Hope Road's exclusive licensee for apparel) in their claims against A.V.E.L.A. Inc., its principal, Leo Valencia, and two of A.V.E.L.A.'s licensees, JEM Sportswear and Central Mills Inc. (d/b/a Freeze), for willful unfair competition under the Lanham Act and tortious interference with prospective economic advantage. Fifty-Six Hope Road Music Ltd. v. A.V.E.L.A. Inc., 2:08-CV-00105.
Lanham Act As Alternative to Right to Publicity
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.