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|Ninth Circuit Lets Right of Publicity/Parody Case Go to the Trier of Fact|
R. David Jacobs; Epstein Becker & Green, P.C.;
September 25, 2009, previously published on September 2009Celebrity Paris Hilton, whom the U.S. Court of Appeals for the Ninth Circuit has styled as "famous for being famous," sued Hallmark Cards for what Hallmark contended was social commentary on Paris' television show "The Simple Life." The cover of the greeting card at issue in the...
|Closed Captioning Update|
Burt A. Braverman, Maria T. Browne, James W. Tomlinson; Davis Wright Tremaine LLP;
September 22, 2009, previously published on September 21, 2009While the Federal Communications Commission (FCC) already requires that most English-language video programming be closed captioned for the hearing impaired, the FCC earlier this month issued a reminder that Spanish-language programming will also be subject to these requirements as of Jan. 1, 2010,...
|Anton Piller and Preservation of Evidence in Copyright Actions|
Dale Schlosseris; Lang Michener LLP;
September 16, 2009, previously published on September 9, 2009An Anton Piller order has been described as a private search warrant. This reference has been described as "uncomfortable" by the Supreme Court of Canada.
|Newsday Rejects Ad Criticizing Cablevision|
Manatt, Phelps & Phillips, LLP;
September 16, 2009, previously published on September 3, 2009 Newsday has rejected an ad by the Tennis Channel criticizing the newspaper's parent company, Cablevision, for not carrying the network.
|Court Revives Taster's Choice Lawsuit|
Manatt, Phelps & Phillips, LLP;
September 16, 2009, previously published on September 3, 2009 California's highest court has revived a long-running dispute over Nestlé USA's use of a former model's image on its Taster's Choice instant coffee label.
|The Google Book Search Class Action: How Your Copyrights May Be Affected by the Pending Settlement|
Cathy Kiselyak Austin; Drinker Biddle & Reath LLP;
September 8, 2009, previously published on September 2009The Google Book Search litigation and pending settlement has been increasingly in the news as the date of the court's fairness hearing draws near. Friday September 4, 2009, was the deadline for class members to file comments to the settlement (for or against) but this has been extended to 10:00...
|U.S. Trademark Applicants May Now Have More To Prove|
Darren S. Cahr, Kristianne Kossler; Drinker Biddle & Reath LLP;
September 8, 2009, previously published on September 2009Documentary proof of bona fide intent to use a mark is now being required by the Trademark Trial and Appeal Board. In several recent decisions, the TTAB has held that mere statements of intent are not enough to preserve intent to use applications if challenged on this basis. Companies must instead...
|Intellectual Property: What is it and Why Do I Care?
Part III: More Copyright Myths and Mysteries
Heather Bond Vargas; Cobb Cole;
August 28, 2009Okay, imitation may be the sincerest form of flattery, but it may also be copyright infringement. The test for copyright infringement is whether the alleged infringer copied a work without permission. Copying is determined by establishing access to the work and whether the work is substantially...
|Soup Can or Can of Worms? Legal Issues Arising from the Warhol Estate|
Carol E. Heckman; Harter Secrest & Emery LLP;
August 26, 2009, previously published by New York State Bar Association Entertainment, Arts and Sports Law Journal on Summer 2009Andy Warhol was perhaps one of the most notorious and productive artists of our time. He has recently been dubbed the "unquestioned star of the New York contemporary art sales," with more than 43 works breaking the $1 million barrier. Warhol died unexpectedly in 1987 following gall...
|California Supreme Court Issues Key Ruling in Misappropriation Case|
Kelli L. Sager, Rochelle L. Wilcox; Davis Wright Tremaine LLP;
August 26, 2009, previously published on August 17, 2009In a unanimous decision, the California Supreme Court has held that the single publication rule applies to claims for misappropriation and right of publicity, just as it does for defamation and other content-based tort claims. The Court also rejected the argument that the "discovery rule"...