<i>Decision of Note:</i> 'Buck Rogers' Dilution Claim Remains in Play
October 01, 2016
The U.S. District Court for the Eastern District of Pennsylvania dismissed a false designation-of-origin claim under the federal Lanham Act in a "Buck Rogers" trademark dispute, but allowed the plaintiff to proceed with a trademark dilution claim under the federal statute.
Tallying States' Activity on Fantasy Sports
October 01, 2016
New York Attorney General Eric Schneiderman had declared online fantasy sports a form of illegal gambling, ordering industry giants DraftKings and FanDuel to shut down operations in a state that generated about 10% of the companies' revenues. The companies countered by suing. Then, faced with enormous legal costs, the companies chose a second course of action. They would pursue state legislation to legitimize their operations while offering consumer protection language ' and a cut in revenues ' in return.
The Internet Is Not a Consequence-Free Zone
October 01, 2016
The widespread use of social media, and the corresponding ability to create, share, and misappropriate content ' all in an instant ' has radically increased the number of unwitting copyright owners and infringers.
Law Firms Facing Unprecedented Cyber Risk
October 01, 2016
For years, various government authorities and security experts warned the legal industry about the proverbial cyber target painted on their chest. And while a cornucopian crop of headlines bloomed about data breaches, most concentrated on major retailers or recognizable brands. Given nebulous reporting legislations, the data breaches at law firms remained below the press horizon. But you can only dodge so many bullets until one hits the industry square in the chest.
Marketing Tech: Unfiltered Impressions
September 01, 2016
For the second consecutive year, Ari Kaplan Advisors conducted independent anonymous interviews with corporate law department leaders, among others, between Jan. 13, 2016 and Jan. 29, 2016. Their responses are easily applicable to law firms, which are often delivering similar services and even competing with litigation support and technology providers.
Ailes Ends Attempt To Get Carlson Suit Decided By NY Fed Court
September 01, 2016
After arguing that New Jersey was an improper venue for former Fox News anchor Gretchen Carlson's suit accusing him of sexual harassment, former Fox News CEO Roger Ailes agreed to drop his effort to transfer the suit's venue to the U.S. District Court for the Southern District of New York.
<b>Decision of Note</b> Film Payments Don't Toll Lawsuit Limitations Period
September 01, 2016
In its first ruling on the issue, the Court of Appeal of Florida decided that film distribution payments didn't fall under the state's "continuing tort" doctrine for purposes of extending the statute of limitations in a lawsuit alleging tortious interference with business relationship.
California View: Can <i>Pok'mon Go</i> Players Hold Game Developer Liable?
September 01, 2016
Within the first week of its release, the enhanced-reality game <i>Pok'mon Go</i> garnered 21 million users in the United States alone. The location-based game received praise for getting people out of the house and harsh criticism as a nuisance and for its role in accidents. Among the litany of legal issues the game raises is whether players can hold the game developers at Niantic liable if they walk off cliffs, crash their cars, illegally cross the border or happen upon a land mine.
Bit Parts
September 01, 2016
Artist Merchandise-Approval Form Doesn't Shield Live Nation From Liability for Willful Infringement of Photographer's Works<br>Country Artist Wins Attorney Fees After Prevailing in Record Label's End-Run Copyright Suit<br>District Court in Fourth Circuit Decides Copyright Office Must Act on Registration Application Before Plaintiff Can Proceed With Infringement Suit<br>
Don't Ignore Liquor License Issues in Real Estate Transactions
September 01, 2016
When representing a client in core real estate work, alcohol may be the last thing an attorney is likely to take into consideration. But as with many other business considerations related to the use of real property, liquor licensing issues can significantly impact real estate transactions.
