Divorce Distribution Of Creative Assets
October 28, 2011
While it may be relatively clear-cut to determine the value of real property, financial accounts and even a professional practice when a Creative Spouse and his or her Supporting Spouse divorce, the question may arise as to how to distribute the value of the intellectual property or "celebrity status" the Creative Spouse created during the marriage. This article considers what rights, if any, a Supporting Spouse may have in the value of a Creative Asset.
Liberty Media Wins Approval Of Split Off
October 28, 2011
In affirming an April Chancery Court decision, the Delaware Supreme Court decided that a proposal by Liberty Media Corp. to split off some of its assets does not violate a successor obligation agreement with bondholders that prevents the media conglomerate from disposing "substantially all of its assets.
Limit on Assigning Right to Pursue Online Copyright Infringement
October 28, 2011
Can a business model be sustained for procuring the right from copyright owners to pursue alleged copyright infringements in the online world? In recent months, there has been a flurry of infringement litigation involving copyright troller Righthaven, which procured the right from publishers to file infringement suits over unauthorized online reproductions of the publishers' content.
Undressing .XXX: Sexier Than the Name Itself
October 28, 2011
Historically, big corporations with multi-million dollar brands and the adult-entertainment industry have been on opposite sides of the fence over brand protection, with owners of famous brands like Nike, Starbucks and Lexus claiming any association of their marks with adult entertainment constitutes dilution by tarnishment. The adult-entertainment industry has very often met such claims as unfounded attempts to stifle its First Amendment right of free speech. Ironically, but legally predictably as far as protecting e-commerce interests, since the introduction of .XXX, both camps are united in a battle with ICANN and ICM to protect their brands from misappropriation.
'I DIG IT' Divorce
October 25, 2011
The wonderful tax acronym IDIGT (pronounced: "I dig it") stands for an Intentionally Defective Irrevocable Grantor Trust. Rather than extol the benefits of this technique, here are some issues to consider when Junior gets divorced and Junior's Ex wants to Dig It too.
Net News
September 28, 2011
Amazon Surrenders on California Tax Law, Still Fights Nationally<br>First Circuit Reinstates Massive Downloading Award<br>Ninth Circuit Finds Flaw in Perfect 10's Bid for Injunction
Upcoming Events
September 28, 2011
American Bar Association Forum on the Entertainment and Sports Industries Annual Meeting<br>Texas Bar 21st Annual Entertainment Law Institute
Bit Parts
September 28, 2011
North Carolina Federal Court Dismisses Suit by Sellers Against Lawyers for Music Company Purchaser<br>Sixth Circuit Has Jurisdiction over Declaratory Claim for Song Authorship
Prince Told to Pay $4 Million to Perfume Maker
September 28, 2011
Prince, the flamboyant pop star with 10 platinum albums, should pay nearly $4 million in damages for welshing on his promise to promote a perfume named after his latest CD, a special referee in Manhattan concluded after conducting a four-day inquest on damages.
Counsel Concerns
September 28, 2011
Arbitrators' Findings Upheld in Legal Malpractice Dispute over Talent Agencies Act Controversy<br>Contingency Fee Agreement Applies to Potter Guide Post-Trial Settlement