Cameo Clips
June 01, 2004
Recent cases in entertainment law.
Courthouse Steps
June 01, 2004
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Attorney Fees Update
June 01, 2004
Depending on the circumstances and the law, parties on either side of an entertainment suit may ask a court for an award of attorney fees. Following are recent court rulings that deal with this and related concerns. In this and future issues, <i>Entertainment Law & Finance</i> will report on such relevant rulings in Attorney-Fee Updates.
Bit Parts
June 01, 2004
Recent developments in entertainment law.
Arbitration Update
June 01, 2004
Many contracts in the entertainment industry include arbitration clauses. <i>EL&F</i> will periodically provide updates on how courts are interpreting and enforcing these clauses and appeals to arbitrators' rulings.
Pop-up Advertisement Litigation Strategies
June 01, 2004
Originally, e-commerce businesses relied on banner advertising that appeared on Internet sites when users visited. Next, e-commerce merchants found that unsolicited bulk e-mailing (a.k.a. spam) was more effective, because it could be sent to Internet e-mail users. Now, e-commerce professionals have found that "pop-up" ads are more effective still, because they can be sent to every Internet user. Pop-up ads are advertisements that spontaneously appear on a personal computer screen when an Internet user accesses the Internet. Currently there is no effective regulation of pop-up advertisements and until their actions are regulated, civil litigation is the most viable option to stop pop-ups advertisements from invading the privacy of unknowing and unwilling Internet users.
Net News
June 01, 2004
Cases and news of interest in the Internet industry. This month: Feds Reject 'Do-Not-Spam' list ... and more!
The RIAA's New Frontier
June 01, 2004
In response to the Verizon decision, the RIAA has turned to the use of "John/Jane Doe" lawsuits as the mechanism by which to identify file-sharing customers of ISPs and obtain judicial relief against copyright infringement. Since January, and continuing through the end of last month, the RIAA has filed hundreds of lawsuits against "Doe" defendants in federal district courts around the country.
Google Ogles More Permissive Ad Policy
June 01, 2004
The announcement in April by Google to revisit its Adwords trademark policy has already resulted in trademark litigation against the search engine giant in several countries. The decision by Google to allow third-party advertisers to purchase the rights to any keyword, even if those keywords are trademarks held by another, has become a hot topic for brand owners fearful of the potential business consequences.
House Subcommittee Hears Testimony on Amendment to FTDA
June 01, 2004
In a potential step toward amending the Federal Trademark Dilution Act of 1995 (FTDA), codified at 15 U.S.C. §1125(c), the House Committee on Courts, the Internet and Intellectual Property held a hearing on April 20, 2004 to discuss the "Committee Print of a Bill to Amend the Federal Trademark Dilution Act." The draft legislation seeks to reverse the U.S. Supreme Court decision in <i>Moseley v. V Secret Catalogue, Inc.</i>, 537 U.S. 418 (2003) by providing that the FTDA requires proof of likely dilution, not actual dilution. It also adds a definition of the term "famous" to the Act, clarifies that the Act applies to both blurring and tarnishment of famous marks, and includes defenses intended to safeguard free speech.
