New York Includes “Print And Runway Model” In Child Performers Protected By Labor Laws
A change to New York labor law regulations (Part 186) may have onerous implications for photographers and the stock photography industry who shoot child models As of November 22, 2013, “print and runway” models are now included among the artistic or creative services that require a permit when using child performers. Previously, the regulations only
Jewel-Osco’s Ad Congratulating Michael Jordan Declared Commercial Speech
The Seventh Circuit, in Jordan v. Jewel Food Stores, Inc., 12-1992, 2014 WL 627603 (7th Cir. Feb. 19, 2014), reversed a federal district court ruling and held that an advertisement run by Jewel-Osco supermarkets (“Jewel”) congratulating Michael Jordan on his 2009 induction into the Hall of Fame constituted image advertising—a form of “commercial speech.” This
Swatch Group Management Services Ltd v. Bloomberg LP
In a recent decision by the Second Circuit, Swatch Grp. Mgmt. Servs. Ltd. v. Bloomberg L.P., 12-2412-CV, 2014 WL 274407 (2d Cir. Jan. 27, 2014), Bloomberg L.P. (“Bloomberg”) was found to have a valid fair use defense to copyright infringement, despite obtaining an unauthorized (and unpublished) copy of a sound recording and making it available
GoDaddy.com Dodges a Bullet: Ninth Circuit Holds That There Is No Secondary Liability for Cybersquatting under the ACPA
It is not all that often that a federal court of appeals sets forth a bright-line rule, much less by a unanimous panel, and even less likely in the hazy area of cyberlaw. But in Petroliam Nasional Berhad (Petronas) v. Godaddy.com, Inc., No. 12-15584 (9th Cir. 2013) three judges of the U.S. Court of Appeals
McDonald v. Brown: Remnants of Fraud Undone by Bona Fide Purchaser Status
The U.S. District Court for the Southern District of New York granted summary judgment in favor of a film financier based upon statute of frauds and bona fide purchase defenses in McDonald v. Brown. The Southern District’s decision provides reassurance to parties who obtain rights to creative projects without knowledge of prior legal claims, and
Trademark Applicants Must Pay USPTO Attorneys’ Fees in District Court Challenge, “Win, Lose or Draw”
A recent decision from the U.S. District Court for the Eastern District of Virginia serves as a cautionary tale for trademark applicants seeking to challenge adverse decisions rendered by the U.S. Patent and Trademark Office’s (“USPTO”) Trademark Trial and Appeal Board (the “TTAB”). On January 3, 2014, the Court in Shammas v. Focarino ruled that applicants
How And Why Aereo Got To The Supreme Court
Note: This blog is cross-posted from Law360.com with permission from Portfolio Media, Inc. This spring, the U.S. Supreme Court will hear arguments in a case that could have significant impacts on several segments of the television industry. While it may seem unusual that a dispute centered on dime-sized antennas would capture the attention of the high
NFL Beats Infringement Claim for Use of Ravens Logo in Historical Film and Exhibit
In the latest installment of the saga involving the use of the retro Baltimore Ravens “Flying B” logo, the Fourth Circuit affirmed a district court decision in Bouchat v. Baltimore Ravens Ltd. P’ship, ruling that the incidental use of the team’s logo in NFL Network videos about the history of the Ravens franchise and players,
The Secret Life of Jim Chung: Virginia District Court Holds That Fake LinkedIn Profile May Create Liability for Trademark Infringement and Other Torts
Background The U.S. District Court for the Western District of Virginia denied the a software company competitor’s motion to dismiss in AvePoint, Inc. v. Power Tools, Inc., a case which explores the limits of what is permissible when competing for business online.
Will the Real Edward Steichen Please Stand Up? Cowan, DeBaets, Abrahams & Sheppard Achieves UDRP Victory for The Estate of Edward Steichen
It is not often that a respondent in a domain name dispute ardently opposes a complaint under the Uniform Domain Name Dispute Resolution Policy (“UDRP”) – quite often respondents simply default, especially if they are a prolific cybersquatter with bigger domain name fish to fry. Even less common is a respondent who claims to bear