Notable Blockchain Developments in Early 2018

Cryptocurrencies and blockchain technology are no longer relegated to the most esoteric corners of the Internet.  While these important technological and social innovations were once widely unknown, or considered the purview of the dark web, they have now reached the mainstream.  Federal and state governments, as well as major corporations, are taking notice. Here are

Court Holds Violation of FTC Endorsement Guidelines Does Not Lead to Federal Trademark Claim

While brand owners often benefit from the endorsement of online and social media “influencers,” such endorsements must not mislead consumers as to the relationship between the brand and individual endorsing the brand’s products or services. To ensure that “material connections” between brands and influencers are clearly and fully disclosed, the FTC has put forth guidelines

The de Havilland v. FX Networks, LLC Appeal: Round 2 Goes to FX

On Monday a California appeals court handed down a decision in the closely watched case of de Havilland v. FX Networks, LLC et al., triggering a collective sigh of relief from studios, networks, and other content producers. The court’s decision reaffirms two widely recognized principles: (1) that the First Amendment’s protection of creative works is
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Law360: News Site Beats Suit Over Image Of Violent Berkeley Clash

By Bill Donahue Law360 (March 26, 2018, 3:35 PM EDT) — A New York federal judge on Friday tossed out a copyright lawsuit filed against news website Mic over an image of protesters at a pro-Trump rally, calling the site’s use of a still-frame from a video “trivial.” Access the full article here.
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Partner Nancy E. Wolff Quoted in The New York Law Journal Article, “’Right to Publicity’ Bills in NY Legislature Stir Free Speech, Liability Concerns”

Cowan, DeBaets, Abrahams & Sheppard LLP partner Nancy E. Wolff was quoted in The New York Law Journal today, in “’Right to Publicity’ Bills in NY Legislature Stir Free Speech, Liability Concerns,” by Andrew Denny. The following is an excerpt: Nancy Wolff, a partner at Cowan DeBaets Abrahams & Sheppard who represents a trade association

Fox News Network, LLC v. TVEyes, Inc.: Second Circuit Rejects Fair Use Defense for Mass Archiving and Re-Distribution of Copyrighted TV Content

A panel of the U.S. Court of Appeals for the Second Circuit today issued its much-anticipated opinion in the TVEyes appeal, reversing the decision of the U.S. District Court for the Southern District of New York, and holding that TVEyes’ copying, storage, and re-distribution for viewing, downloading, and sharing, of massive amounts of copyrighted TV