The Ninth Circuit Affirms Significant Legal Victory for Fox, Allowing Hit Television Series Empire to Continue Producing Show and Merchandise over Record Label Empire Distribution’s Objections

The U.S. Court of Appeals for the Ninth Circuit recently affirmed a lower court’s holding that Fox’s use of the name “Empire” for its hit television series is protected by the First Amendment, leaving record label Empire Distribution without any recourse on its trademark infringement claims.  A copy of the full decision is available here. 

Notable TV and Digital Deals from Q3-4 2017

The last few months have seen a number of high-profile deals in episodic programming, spurred in part by the entry of a number of significant new players in the marketplace. Here are a few particularly noteworthy entries: Jennifer Aniston, Reese Witherspoon Morning Show Drama Lands at Apple With Two-Season Order Apple is anticipated to become
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Benjamin Jaffe named an “Up Next” Honoree in Variety’s 2017 Dealmakers Report

Cowan, DeBaets, Abrahams & Sheppard LLP (CDAS) associate Benjamin Jaffe was named an “Up Next” honoree in Variety’s “2017 Dealmakers Report.” The highly anticipated feature, published on December 5th, profiled the people behind the most important entertainment industry deals of the past 12 months – executives, lawyers, financiers, entrepreneurs and others from all sectors of

Embedding in the Balance: the Goldman Cases

In a pair of cases pending in the U.S. District Court for the Southern District of New York, photographer Justin Goldman and various online media outlets seek to set the record straight on whether embedding images on a website through in-line linking without authorization constitutes copyright infringement.  A website embeds an image using an in-line
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Cowan, DeBaets, Abrahams & Sheppard LLP Recognized as a Tier 1 National Firm for Entertainment Law – Motion Pictures & Television by U.S. News-Best Lawyers “Best Law Firms” for 2018

Cowan, DeBaets, Abrahams & Sheppard LLP is proud to announce it has been named a Tier 1 national firm for Entertainment Law – Motion Pictures & Television by U.S. News Best Lawyers “Best Law Firms” for 2018. CDAS is one of only 25 firms to receive this honor. Review the full list here. U.S. News

Waving the Checkered Flag: Ninth Circuit Affirms Dismissal of Trademark Claims Arising from PlayStation Racing Games

The U.S. Court of Appeals for the Ninth Circuit this week summarily affirmed a dismissal, from two years ago, of trademark claims brought by flooring company VIRAG, S.R.L. (“Virag”) against Sony Computer Entertainment America, LLC (“Sony”).  In a three-page unpublished opinion, the appeals court held that Sony’s use of the “VIRAG” trademark as set dressing

Who’s Punch Line Is It Anyway? Jokes Are Potentially Copyrightable, Says the U.S. Copyright Office.

For the many everyday citizens who have no recollection of when the New England Patriots won Super Bowl XLIX against the Seattle Seahawks after a “questionable” play call, comedy blogger Robert “Alex” Kaseberg’s (“Kaseberg”) saves the day.  Thanks to his witty remarks, and the legal controversy that subsequently unfolded, the world may never forget. Kaseberg

Court Denies FX’s Anti-SLAPP Motion in Olivia de Havilland’s Feud Lawsuit

A California court recently ruled that a lawsuit by actress Olivia de Havilland over her portrayal in the television series Feud:  Bette and Joan could move forward, denying FX Networks’ motion to strike the lawsuit on First Amendment grounds. The show, which is a docudrama centered on the rivalry between Bette Davis and Joan Crawford