What 2013 May Ring In For New Copyright Legislation

2012 was a quiet year for any new copyright legislation that could affect those engaged in the creation, production and distribution of entertainment media. With the elections behind us, this could change in 2013. The Copyright Office has indicated that it is interested in tackling several issues that were identified as office priorities in a

Small Screen, Bigger Picture

On December 27, 2012, the U.S. District Court for the Central District of California issued a preliminary injunction against Aereokiller (formerly known as BarryDriller.com), a service founded by Alki David, someone not unfamiliar with television transmission and the law. Previously, in conjunction with rulings involving a similar technology at issue in WPIX v. ivi in

The Role of DOJ’s Appellate Staffs in the Supreme Court and in the courts of appeals

CDAS partner Al J. Daniel, Jr. served on the Appellate Staff, Civil Division, United States Department of Justice in Washington, D.C. for a decade before moving to New York City. His litigation practice since then continues to include appellate work in courts of appeals and the Supreme Court. In his new article on SCOTUSblog, Mr.

Court Finds That Use Of Registered Trademark to Identify Public Domain Cartoon Character is Not Infringement

In the latest phase of a long litigation, the U.S. District Court for the Central District of California, following a remand from an amended Ninth Circuit opinion, held that a company that claimed to have acquired the intellectual property rights in the cartoon character “Betty Boop” could not maintain a claim for trademark infringement against

Eleanor M. Lackman Joins “IP Licensing Issues” Panel at PLI

Eleanor M. Lackman joins the “IP Licensing Issues” panel, part of Practising Law Institute’s IP Issues in Business Transactions 2013 program. The program runs for two full days, Thursday, January 3 and Friday, January 4, 2013, beginning at 9:00am, in New York City. Ms. Lackman’s panel, “IP Licensing Issues,” is on Thursday, January 3 at

Eleanor M. Lackman Joins 2012 Copyright & Technology Conference Panel

Eleanor M. Lackman joins the panel “TV or Not TV: Legal Challenges for Internet Video Services,” part of the day-long 2012 Copyright and Technology Conference – the conference examines the latest developments in copyright and content security – on Wednesday, December 5, 2012 at the Manhattan Penthouse, 80 Fifth Avenue, New York, NY. “TV or

Zappos’ Focus on Fashion, and Not on Terms of Use, Leads to Contractual Faux Pas

A recent case brought against the online retailer Zappos demonstrates the importance of thought-out drafting when constructing website policies. While it may be tempting to leave terms of use as an inconspicuous hyperlink rather than put them right up front, the consequences can be that those terms are not enforceable at all.