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Commercial Law

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Court Watch

Cynthia M. Klaus & Susan E. Tegt

Franchisor's Operation of Online Store does not Violate Exclusivity <br>Federal Court Declines To Enjoin Franchisee from Violating Non-Compete

Features

Court Approves Settlement of Suit Over NFL Players Publicity Rights

Jan Wolfe

A federal judge in Minnesota signed off on a hotly contested $50 million settlement between the National Football League and former players who said the league infringed their publicity rights. The ruling was a blow to a group of plaintiffs' lawyers who lodged objections to the deal, calling it inadequate.

Features

Establishing Copyright Damages When Party Moves for Summary Judgment

Stan Soocher

Section 504(b) of the Copyright Act allows a copyright owner to obtain both the owner's actual damages as well as an infringer's profits attributable to the infringed work that weren't included in the actual damages award. What are the burdens of proof when a copyright infringement plaintiff seeks this recovery after a pre-trial summary judgment motion has been filed? How does an expert's report work into this?

Features

Expanding Defenses To Inducing Infringement

Brian Mudge & Ksenia Takhistova

On Oct. 25, 2013, the Federal Circuit, by a vote of six-to-five, denied rehearing <i>en banc</i> in <i>Commil USA, LLC v. Cisco Sys., Inc.,</i> (<i>Commil II</i>). That decision left intact the panel's holding, in a case of first impression, that an alleged indirect infringer's "good-faith belief of invalidity may negate the requisite intent for induced infringement."

Features

DJ Dropped from Dispute Over Use of Beastie Boys Music

Jan Wolfe

After the Beastie Boys sued over the unlicensed use of several of the rap group's tracks in a remix on the soundtrack to a promotional video, defendant energy-drink maker Monster Energy Co. tried to shift the blame onto an unsuspecting disc jockey. That tactic didn't sit well with Southern District Judge Paul Engelmayer, who dismissed the DJ from the litigation.

Features

SEC Proposes Much-Anticipated Crowdfunding Rules

Katayun I. Jaffari & Jill M. Stadelman

On Oct. 23, the SEC finally proposed rules to implement the crowdfunding provisions of the Jumpstart Our Business Startups Act of 2012.

Columns & Departments

Upcoming Events

ALM Staff & Law Journal Newsletters

Annual Entertainment Law in Review<br>Copyright Year in Review

Columns & Departments

Movers & Shakers

ALM Staff & Law Journal Newsletters

Movement among franchise professionals.

Features

What's New in the Law

Robert W. Ihne

A roundup of pertinent rulings from all over the country.

Features

Intercreditor Agreements

Brad Nielsen & Sean Gillen

This is the second article in a series covering various aspects of intercreditor agreements.

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