Actionable Trademark Infringement
August 27, 2009
The U.S. Court of Appeals for the Second Circuit has held that the sale of products lacking a unique serial number applied by a brand owner for anticounterfeiting and quality control purposes constitutes trademark infringement under federal law. This is so even if the removal of the code does not cause physical damage to an otherwise genuine product and consumers are not aware that the code has been removed.
Upcoming Events
August 27, 2009
Texas Bar 19th Annual Entertainment Law Institute<br>American Bar Association Forum on the Entertainment and Sports Industries Annual Meeting
Bit Parts
August 27, 2009
Alleged Oral Copyright License No Bar to Infringement Suit<br>Musical Compositions' Valuation Upheld<br>Song Suit Against Destiny's Child Sent to Trial
Cameo Clips
August 27, 2009
COPYRIGHT JURISDICTION/ REGISTRATION REQUIRED<br>COPYRIGHT OWNERSHIP/JOINT AUTHORS<br>KARAOKE RECORDINGS/COPYRIGHT DAMAGES<br>WEB SITE OPERATORS/PERSONAL JURISDICTION
Single-Publication Rule Applies to Publicity Claim
August 27, 2009
In a limited victory for publishers, the California Supreme Court ruled on Aug. 17 that the state's single-publication rule applies to the tort of appropriation of likeness. Christoff v. Nestl' USA, Inc., S155242. The ruling came in the case of a model who said Nestle USA used his face ' without his knowledge ' to sell Taster's Choice instant coffee for years.
Motown Magic Sues Willkie Farr for Fraud, Breach of Contract
August 27, 2009
Willkie Farr & Gallagher has been sued in federal court in Los Angeles by Lamont Dozier, the cofounder of songwriting and production team Holland-Dozier-Holland, which was behind hit Motown acts like The Supremes and The Isley Brothers. At issue: Willkie's role advising on an issuance of Bowie Bonds, the asset-backed security for song royalties sometimes called Pullman Bonds because they were popularized by the banker David Pullman, now chairman and CEO of The Pullman Group in New York.
Monster Magazine Covers in Biography Are Fair Use
August 27, 2009
In the movies, it seems that monsters are always up to no good ' making mayhem or setting fires. But in a federal court in Philadelphia recently, a couple dozen movie monsters made some important new law and set a few significant precedents in the area of copyrights and trademarks that may help to define the doctrine of fair use for years to come.
Infringement Suit Against Tim McGraw Is Dismissed
August 27, 2009
The U.S. District Court for the Middle District of Tennessee granted a Rule 12(b)(6) motion to dismiss on the pleadings a copyright infringement suit against country artist Tim McGraw.
Talent Boutiques Challenged By Business Downturn
August 27, 2009
The recession has hit an entertainment law sector that has undergone considerable change during the past decade. Boutique law firms that represent most of the talent end of the entertainment business have multiplied amid the dissolution of some long-standing firms and the departure of top attorneys who struck out on their own.
Mentoring Tomorrow's Law Firm Leaders
August 25, 2009
In today's tepid economy, maintaining client services is sometimes off balance with the skillful practice of law or the recruitment of new talent; the defining dynamic frequently falls on the shoulders of firm leadership. These fundamental concepts needn't be compartmentalized. This delicate balance deserves a dialog with all firm members and firm clients.
