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Commercial Law

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Celebrity Name or Likeness Image

Celebrity Name or Likeness

ALM Staff & Law Journal Newsletters &

A new department centering on key cases.

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Counsel Concerns Image

Counsel Concerns

ALM Staff & Law Journal Newsletters &

The U.S. District Court for the District of Nevada granted summary judgment in part for Nevada-based entertainment attorney John Mason on his claim of breach of legal-services agreements by a film-production company.

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'New' Summit Structure Retains Distribution Fees Image

'New' Summit Structure Retains Distribution Fees

ALM Staff & Law Journal Newsletters &

Summit Entertainment's $1 billion movie financing deal ' which created a new production and distribution studio ' all started with a group of bankers and lawyers sitting around and talking about how to get more money from movie-financing deals. In recent years, investors have invested in films that are distributed by studios, which take a distribution fee of about 10% to 15%. With the Summit deal, the investors for the first time cut the middleman in this process.

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The Employee Freedom of Choice Act Image

The Employee Freedom of Choice Act

ALM Staff & Law Journal Newsletters &

After years of lobbying, the Employee Free Choice Act was introduced in 2003, but did not advance. Similar legislation was proposed again in 2005, co-sponsored by Sen. Edward Kennedy (D-MA) and Rep. George Miller (D-CA). While it did not pass either the House or Senate, it attracted widespread notice by gaining the support of 44 Senators and 215 Representatives (only three short of the 218 House votes required for passage). Predictably, in early February 2007, with the new Democratic Congress now in power, Rep. Miller, in his role as Chairman of the House Education and Labor Committee, reintroduced this proposed legislation (H.R. 800) containing all three items on the labor movement's wish list.

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Procurement Fraud Enforcement Image

Procurement Fraud Enforcement

Paul Clinton Harris, Sr.

Each year, the federal government spends several hundred billion dollars to obtain goods and services from corporations and other nongovernmental entities. Under the critical eye of the nation's taxpayers, the federal government has amplified its own scrutiny of the ethics and integrity of its procurement officers and those companies with which it contracts. Via new national legislation and investigative initiatives, the attention of Capitol Hill and federal law enforcement offices across the nation is keenly focused on the prevention, detection and punishment of procurement fraud. It is a brand new day ' and a potentially dark one for the unwary governmental contractor.

Don't Be a Stranger! Image

Don't Be a Stranger!

ALM Staff & Law Journal Newsletters &

We here at Law Journal Newsletters pride ourselves on providing the best-possible, most useful content for our readers. We do this by keeping in constant contact with our Boards of Editors, almost all of whom are attorneys who are experts in their various fields. We talk to readers who call and e-mail. We devour other legal publications (since ALM is our parent company, we have access to the best legal dailies and magazines in the'

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Contracts for Future Patent Rights: Israel Bio-Engineering Project v. Amgen Image

Contracts for Future Patent Rights: Israel Bio-Engineering Project v. Amgen

Daniel S. Matthews

In <i>Israel Bio-Engineering Project v. Amgen, Inc.</i>, 475 F.3d 1256 (Fed. Cir. 2007), the Federal Circuit addressed whether a plaintiff had independent standing to sue on a single patent claim, where the patent-in-suit contained two additional claims directed to subject matter that was discovered in part by a co-inventor who had not assigned his ownership rights in the patent to the plaintiff.

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Client Speak: A Matrix of Understanding Image

Client Speak: A Matrix of Understanding

ALM Staff & Law Journal Newsletters &

By now, 'knowing the client' is a marketing bromide and a fairly tired one at that. To reinvest the mantra with actionable meaning, law firms must understand the in-house dynamic ' they must know how in-house counsel actually think ' in very specific terms.

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Note from the Editor Image

Note from the Editor

ALM Staff & Law Journal Newsletters &

A word from Editor-in-Chief Elizabeth "Betiyan" Tursi.

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Ninth Circuit Follows TTAB Policy: Questions Remain As to What Kinds of Unlawful Acts Bar Trademark Rights Image

Ninth Circuit Follows TTAB Policy: Questions Remain As to What Kinds of Unlawful Acts Bar Trademark Rights

Jane Shay Wald

The Ninth Circuit, in a case of first impression in that circuit, recently adopted the long-standing policy of the U.S. Patent and Trademark Office's ('PTO') Trademark Trial and Appeal Board ('TTAB') that 'use in commerce only creates trademark rights when the use is <i>lawful</i>.' <i>CreAgri Inc v USANA Health Sciences Inc.</i>, 474 F.3d 626 (9th Cir. 2007). The Ninth Circuit in <i>CreAgri</i> noted that 'at least one [other] circuit has adopted and applied this rule. <i>See United Phosphorous, Ltd. v. Midland Fumigant, Inc.</i>, 205 F.3d 1219, 1225 (10th Cir. 2000).'

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