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
Work-for-Hire Dispute Over Comic Books a Reminder of Drafting Considerations
September 28, 2011
As part of day-to-day operations, companies regularly enter into intellectual property assignments or "work-for-hire" arrangements with employees and contractors, often pursuant to form agreements that are not tailored to the particular engagement. However, decisions such as the recent opinion by the U.S. District Court for the Southern District of New York in <i>Marvel Worldwide v. Kirby</i>, highlight the importance of carefully drafting provisions governing the transfer of rights in new works of authorship.
Transformative Use Favored in Sports Video Game Case
September 28, 2011
In the context of alleged unauthorized uses of an individual's personal indicia, inconsistency ' in how different courts determine whether there are viable claims under state right of publicity laws or for false endorsement or association under the federal Lanham Act ' makes it difficult for attorneys who view content through a First Amendment lens when counseling entertainment production companies.
Using Character Integrity Guidelines to Protect Franchise Characters
September 28, 2011
If you are the owner of a property that is being licensed into a potential motion picture franchise, how do you contractually protect the rights to your existing character or property so that the movies and related items being created do not damage your preexisting property? This article examines the approaches customarily utilized.
