Don’t Spy on Me, ISPs: New Law Rolls Back Internet Privacy Rules
On April 3, 2017, President Trump officially signed into law a controversial new bill that repeals the Internet privacy rules adopted by the Federal Communications Commission (“FCC”) in late 2016 (the “FCC Rules”). The FCC rules, which were set to go into effect in late 2017, required Internet service providers (“ISPs”), such as Verizon, AT&T,
Frederick P. Bimbler, Eleanor M. Lackman and Simon N. Pulman Named to Variety’s 2017 Legal Impact Report
Three Cowan, DeBaets, Abrahams and Sheppard LLP (CDAS) attorneys have been recognized in Variety’s “2017 Legal Impact Report:” Frederick P. Bimbler, Eleanor M. Lackman and “Up Next” honoree Simon N. Pulman. The annual list includes the top entertainment attorneys that have made a significant impact on the industry over the past twelve months. Fred is
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Supreme Court Finds Decorative Elements of Cheerleading Uniforms Eligible for Copyright Protection (Star Athletica, LLC v. Varsity Brands, Inc.)
In an opinion issued last week, the Supreme Court held that a “pictorial, graphic, or sculptural” feature incorporated into the design of a useful article—in this case, a cheerleading uniform—is eligible for copyright protection if it satisfies a two-part test: (1) the element can be perceived as a two- or three-dimensional work of art separate
Fox Television Stations, Inc., et al. v. Aereokiller, LLC, et al.: Ninth Circuit Holds FilmOn X Not a “Cable System” Entitled to Compulsory License; Implicates Federal Agency Deference Doctrines
In 2014, the United States Supreme Court, in American Broadcasting Companies v. Aereo, Inc., held that unlicensed re-broadcasts of copyrighted content over the Internet constituted public performances of copyrighted works in violation of content owners’ exclusive rights under the Copyright Act; as part of its discussion, the Court analogized services like Aereo’s to “cable services.” Emboldened
CDAS Wins Fair Use Ruling Over Facebook Livestream Birth Video
In a ruling from the bench, CDAS client Coed Media Group, LLC (“CMG”) succeeded in securing the dismissal of a copyright infringement lawsuit over a news story reporting on a man who live-streamed the birth of his son on Facebook. Plaintiff Kali Kanongataa accused CMG of infringing the copyright in his home movie when CMG
C‐Corp vs. LLC – Tips for Choosing the Right Entity Structure for Your Business
Congratulations! After months of dreaming about turning your great idea into a real business, you have finally decided to take the plunge and form a company. After doing some initial research, you have decided to form your company as either a C-Corporation (“C-Corp”) or Limited Liability Company (“LLC”) since both entity structures offer personal liability
Flo & Eddie, Inc. v. Sirius XM Radio, Inc.: New York State’s Highest Court Finds No Public Performance Right for Pre-1972 Sound Recordings at Common Law
In a case of first impression, New York’s highest court ruled that New York common law does not include a right to control public performances of pre-1972 sound recordings. The ruling arises from a years-long legal battle between The Turtles, the 1960s rock band most famous for the hit song “Happy Together,” and Sirius XM,
CDAS is a Platinum Sponsor of INTA’s 2017 Brands and Fashion Conference
Cowan, DeBaets, Abrahams & Sheppard LLP is proud to be a Platinum Sponsor of INTA’s upcoming “Brands and Fashion” Conference, to be held in NYC March 22-23, 2017. The conference includes two full days of programming covering IP and brand protection strategies, retail trends, issues in advertising, and much more. CDAS is sponsoring the conference
Life is Beautiful, but Trademark Overreach is Not: Attempted Monopolization of Unused Trademarks Costs Mr. Brainwash His Ability to Sue
In a trademark and copyright infringement case brought by Amusement Art, LLC (“Amusement Art”), a company owned by artist Thierry Guetta, most commonly known as Mr. Brainwash, against Life is Beautiful, LLC (“LIB”), a California federal judge ruled that Amusement Art fraudulently utilized the trademark registration system to attempt to secure a monopoly over its
Copyright Termination: A Primer
I. WHAT DOES “COPYRIGHT TERMINATION” MEAN? Copyright termination refers to the termination of a grant—or transfer—of one’s copyright rights. Following termination, those rights that were transferred under the grant return to the creator of the copyrighted work. This termination right allows content creators to renegotiate the terms of their original agreements, or enter into new