Copyright Act Preempts Players' Publicity Rights for NFL Films
April 01, 2016
Twenty-three professional football players brought a class action lawsuit against the NFL, claiming that films produced by NFL Films violated their state rights of publicity and constituted false endorsement under '43(a) of the Lanham Act. Twenty of those players settled with the NFL. However, the other three players elected to pursue their suit.
i.think Therefore i.am? Not Exactly
February 29, 2016
Fame, they say, is fleeting ' but the brands and value they create are not. Little wonder the adopted names of certain stars become not only brands in the popular imagination, but also legally defended rights and trademarks.
Custody of Pets
February 29, 2016
While any pet lover knows that a pet is not a piece of furniture but, rather, is beloved and irreplaceable, it is not likely that the court will enforce any agreement until such time as the legislature takes action.
The Essentials of Collaboration Agreements for Literary Works
January 31, 2016
While all creative collaborations have features in common, there's a uniquely intimate and trusting nature of the relationship between someone (the subject) whose story interests the public, and a writer engaged by him or her to put that story, either jointly or singly, into concrete form (the writer).
Media & Communications: Upgrade Your PR Game!
January 31, 2016
Admit it: You've been doing the same thing for too long in an attempt to get your firm in the news. And it's just not working anymore. Below are five ways to be more effective in 2016.
<b><i>Media & Communications: </i></b> Why You Should Be Newsjacking
December 31, 2015
Newsjacking is a method of leveraging hot news items to generate brand recognition and client visibility. Successful newsjackers track breaking news and emerging trends, and use clever thinking to either make connections that put their clients front and center, or to simply insert their clients into a high-profile conversation that otherwise would never have included them.
Hidden and Creeping Franchise Fees
December 31, 2015
Every franchise lawyer knows that one of the conditions for a distribution arrangement to be considered a franchise is that the franchisee is required to pay (whether in cash or other consideration) a "fee" to the franchisor or its affiliate. The term "fee" is broader than it might first appear.
Ins and Outs of Group Registration Of Photographs
December 31, 2015
An important part of a professional photographer's life, and that of a photographer's attorney, is protecting the intellectual property produced by that photographer. Many photographers properly compile photographs from unrelated sources and register the photographs in an effort to protect their property rights in the images. Group registration of those images has enabled a much more efficient registration process, but does registration provide the statutory damage protections one might assume should be available?
Anonymous LLC Ownership
December 31, 2015
Recently, local, national and international governmental entities, as well as non-profit watchdog organizations, are increasingly focused on greater real estate ownership transparency, primarily to address concerns regarding the circumvention of anti-money laundering and counter-terrorism financing measures.
