By Simon N. Pulman The use of “native advertising” online has grown at a considerable pace over the past two years, with some studies projecting that it could account for five billion dollars in spending by 2017 – far outpacing the growth of traditional online display ads. Such is the economic (and some might say

Note: This blog is cross-posted from Law360.com with permission of Portfolio Media, Inc. A lawsuit filed in California Superior Court has taken video game right-of-publicity cases beyond college athletes and Hollywood celebrities. Former Central American despot Manuel Noriega, from his prison cell in Panama, is suing Blizzard/Activision over Activision’s portrayal of Noriega in its highly

By Simon N. Pulman As the marketplace for entertainment content becomes increasingly global and the middle classes in the BRICS nations (i.e., Brazil, China, Russia, India and South Africa) become both larger and equipped with greater disposable income, content owners of all kinds are looking exploit their intellectual properties in international markets. As part of

In a decision that has been met with considerable praise and controversy, on June 18, 2014, the Trademark Trial and Appeal Board of the United States Patent and Trademark Office ordered the cancellation of six U.S. federal trademark registrations owned by the NFL’s Washington Redskins on the grounds that the use of the term “redskins”

In POM Wonderful LLC v. The Coca-Cola Company, the US Supreme Court resolved much of the uncertainty surrounding the intersection of unfair competition claims under the Lanham Act relating to food labels and the strictures of the Federal Food, Drug and Cosmetic Act (FDCA).  These two federal statutes cross paths in cases where a food

CDAS partner Eleanor M. Lackman was featured as a guest writer for the Supreme Court of the United States Blog. Her post, “Symposium: Preferring substance over form and nature over manner, Supreme court finds that Aereo runs afoul of the purposes of the Copyright Act,” can be found below and on SCOTUSblog.com.

High Court Resolves Circuit Split on “Prudential Standing” to Bring False Advertising Claims Under the Lanham Act:  Lexmark Int’l, Inc. v. Static Control Components, Inc., No. 12-873 (2014) In what has become rare in recent years, the Supreme Court issued a unanimous opinion, this one deciding the proper test for what is often called “prudential”

A legal battle is brewing: punk/heavy metal icon Glenn Danzig has sued his former Misfits bandmate, renowned bassist and singer Gerald “Jerry Only” Caiafa, for violations of various Misfits trademarks and logos. Following in the footsteps of Black Flag  the filed complaint is another example of former bandmates’ battles over merchandise that remains profitable long

By Simon N. Pulman Digital and direct distribution options have created new opportunities for producers seeking to leverage multiple platforms to find new revenue streams and audiences for their work. While the traditional “all rights” deal will continue to exist as long as there are major distributors willing to pay a minimum guarantee and give

On May 19th, the Supreme Court issued its decision in Petrella v. Metro-Goldwyn-Mayer, Inc. et al., 2014 WL 2011574 (U.S. May 19, 2014), ruling that laches, an equitable doctrine barring suits after unreasonable delay, cannot be used to preclude copyright infringement claims brought within the Copyright Act’s three year statute of limitations.