Getting a Handle on the New Generic Top-Level Domains: Strategies for Brand Protection in the Era of New gTLDs
After years of intense discussion and debate, the new generic top-level domain names (known as gTLDs) are here. And they have been popular: when .club went live on May 7, 2014, over 32,000 domain names ending in .club sold in the first 24 hours, and nearly 30,000 more were sold over the next three weeks.
Native Advertising Basics
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
Video Game Cases May Break New Right Of Publicity Ground
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
Producing Content in Emerging Markets
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
Sudden Death in Overtime
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”
Judging a Juice by its Label
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
Symposium: Preferring substance over form and nature over manner, Supreme Court finds that Aereo runs afoul of the purposes of the Copyright Act
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.
U.S. Supreme Court Clarifies and Simplifies Standards for Ability to Bring Section 43(a) False Advertising Claims
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”
Fight for the Fiend Skull Glenn Danzig v. Gerald Caiafa, et al. (C.D. Cal. 2014)
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
Negotiating Digital Distribution Agreements
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