Malpractice 'Notice' and 'Claims' Issues In Suits Against Entertainment Attorneys
November 29, 2006
The increase in recent years in malpractice claims against lawyers has impacted entertainment attorneys, too. If a malpractice complaint is filed, will the attorney's liability policy cover the suit? Two primary concerns here are whether the attorney has timely notified his or her insurer of a malpractice claim and how to determine the number of malpractice 'claims' for purposes of the insurer's malpractice-coverage obligations.<br>A recent ruling by the U.S. District Court for the Western District of Wisconsin addressed both issues, as well as which state's law should apply in interpreting malpractice policies.
Valuing Licenses and Degrees, New York Style
November 29, 2006
New York often serves as a leading venue for concepts in matrimonial law. Although states differ widely on valuation issues such as personal and organizational goodwill, the concept of value to a professional license or degree has a certain amount of differentiation to the marital pot. Matrimonial attorneys need to recognize the valuation theories underscoring arguments of earnings capacity. Depending upon the applicable state's case law, these theories will impact their next case.
The Second Annual MLF 50: The Top 50 Law Firms in Marketing and Communications
November 27, 2006
At the outset, let me congratulate the 50 firms that made this year's MLF 50. The fact that out of the hundreds of law firms with marketing programs, these 50 firms have attained the status of being considered the best programs in the country is a testament to the fabulous strides that law firm marketing, business development and media programs have achieved over the last year. There is good news here: Marketing is alive, well and prospering at many of the AmLaw 200 firms. This year, the MLF 50 showcases a wide range of firms and their marketing activities that can best be described by using a sports metaphor ' a full contact sport. The profession has come a long way in terms of sophistication, depth and creativity. In the following pages, you will see the power of marketing, business development and media and how can transform and strengthen a law firm ' and yes, make it more profitable. What is important to note is that many of these marketing activities were created as vehicles for pro bono and diversity initiatives. It should come as no surprise that doing good deeds for others and creating a diverse environment leads to prosperity.
Right of Publicity Decisions
November 02, 2006
Right of Publicity/Statute of Limitations<br>Right of Publicity, Collective Bargaining Agreements/Venue Transfer
EDITOR'S NOTE
November 02, 2006
Our 2006 bonus issue provides a review of top issues in entertainment law over the last year, and focuses on right-of-publicity, trademark and related cases. The coverage here is in addition to what we have reported on in our regular monthly issues. As always, our objective is to help keep you competitive in the ever-fast-paced entertainment industry. …
Trademark Protection For Characters Outside Copyright
November 02, 2006
As the copyright terms of many iconic, character-based works of the 20th Century near closure, owners of these works face the question as to what extent they can enjoy exclusive rights in the characters they have created. Enterprising third parties raise the related question: Does the expiration of copyright mean these works and characters can be freely exploited? Once a copyright term lapses, an original work is said to pass into the public domain, available for all to freely copy and exploit. However, continued trademark protection for a character may delay or complicate the character's passage into the public domain. A careful analysis of fundamental principles of trademark and copyright law and relevant case law illuminate certain legal guideposts for navigating through the complexities of character protection.
Band-Name Fights May Trigger Lengthy Battles
November 02, 2006
The recent high-profile litigation over rights to 'Supernova' was the latest example of the common hot-button issue of who may ex-ploit a band's name. The 'Super-nova' dispute was settled with the original pop-punk group of that name agreeing that the marquee band from the CBS-TV talent-series will be able to perform as 'Rock Star Supernova.' In 2004, South Carolina became the first state to enact a 'Truth in Musical Advertising' statute to regulate the use of music-group names, at least in live performances. Since then, at the urging of the Vocal Group Hall of Fame, several other states ' including Connecticut, Illinois, Pennsylvania and North Dakota ' have enacted similar laws. The goal of these statutes generally is to prevent the 'false, deceptive or misleading affiliation, connection or association' between a recording group and a performing group. But issues of contractual or service-mark rights may need to be resolved before a 'Truth in Musical Advertising Statue' may be enforced.
Establishing Injury Presents Challenge In Lawsuits over Right of Publicity
November 02, 2006
The right of publicity ' the right of individuals to protect the commercial uses of their names and images ' is now a familiar concept. Given CKX Inc.'s purchase for a reported $50 million of rights to Muhammad Ali's name and the company's $100 million acquisition of Elvis Presley's publicity rights, there can be no question that the right not only can have great value, but has achieved a certain settled status. And yet, the metes and bounds of the right remain elusive at best.
How to Stand Out from the Crowd
October 31, 2006
The language is clear: 'An advertisement or solicitation shall not depict the use of a courtroom or courthouse.' While using a courthouse in an ad for your law firm may be a clich' ' and fail to set you apart from the competition ' it hardly seems intuitive that doing so would violate advertising guidelines. That will be the case in New York, if a proposed rule goes into effect this month. Across the country, advertising rules continue to evolve, so pinpointing how to best spend your marketing dollars can be challenging.
