Did Congress Create Unintended Risks to Innovators In the AIA?
September 01, 2019
Many observers greeted the passage of the AIA into law as a long-overdue overhaul of U.S. patent law that aligned it with patent systems prevailing in the rest of the world. Who knew what mischief just seven of the AIA's more than 25,000 words contained? The U.S. Supreme Court answered earlier this year.
The Interaction of International Law and U.S. Copyright–Assignment Terminations
September 01, 2019
That U.S. copyright-assignment termination issues are among the most complex in the copyright field becomes even more apparent when attempts to reclaim copyrights involve aspects of international law. Few courts have ruled, however, on the impact of international law on U.S. copyright-assignment terminations. The most recent to do so is the U.S. Court of Appeals for the Second Circuit in Ennio Morricone Music Inc. v. Bixio Music Group Ltd.
When Boilerplate, Customized Clauses Collide in Media Merger Deals
September 01, 2019
Some contract provisions will necessarily be customized for use in the particular agreement, while others will be boilerplate. But the intersection of those provisions in a merger agreement involving the acquisition of Cablevision Systems Corp led to a serious dispute— and cautionary tale for the merger-laden entertainment and media industries — about interpretation of the agreement, requiring a Delaware court to determine the impact of potentially conflicting language.
Limit in Supreme Court Striking Down Ban On 'Scandalous' Trademarks
September 01, 2019
In the U.S. Supreme Court's ruling in Iancu v. Brunetti, Justice Sonia Sotomayor's dissent cautioned that the decision is likely to pave a path to a "coming rush to register [vulgar, profane, or obscene] trademarks." The reasoning stems from the court's majority finding that a portion of 15 U.S.C. §1052 — which had previously prohibited the registering of "immoral" or "scandalous" trademarks — is unconstitutional. Practically speaking, however, this "coming rush" will likely not be the case, even via the entertainment industry.
Players on the Move
September 01, 2019
A look at moves among attorneys, law firms, companies and other players in entertainment law.
CA Appeal Ct. On Defamation Claims Against Bill Cosby
September 01, 2019
The California Court of Appeal, Second Appellate District, ruled in favor of actress and former supermodel Janice Dickinson in her 2015 suit against comedian Bill Cosby over comments his then-attorney Marty Singer made to the press.
Bit Parts
September 01, 2019
Former Accountant for W.C. Handy Estate Can Proceed with Defamation Claims Against Estate's Trustee and Lawyer
Cybersecurity In the Legal Space: Is Your Organization Prepared?
September 01, 2019
Organizations that continue to be complacent about data security ignore the considerable risks posed by a breach: extended downtime, loss of billable hours, destruction or loss of sensitive data and work product, and the potentially catastrophic costs associated with repairing the damage — both to their technology infrastructure and to their reputation and brand.
