Cowan, DeBaets, Abrahams & Sheppard LLP is Pleased to Announce that Scott J. Sholder has Become a Partner of the Firm
Cowan, DeBaets, Abrahams & Sheppard LLP is pleased to announce that Scott J. Sholder has become a Partner of the Firm Scott J. Sholder is a partner in the firm’s Litigation Group. Scott represents individuals and companies in the entertainment, traditional and digital media, sports, and consumer products industries. His practice focuses on matters involving
In re: Tam Take Two: Federal Circuit Strikes Down Disparagement Provision of Lanham Act § 2(a)
In May we reported that a panel of the U.S. Court of Appeals for the Federal Circuit had affirmed the USPTO’s denial of a registration for the trademark “THE SLANTS” to refer to an all-Asian-American rock band, but had, in a prescient “additional views” opinion, prompted en banc reconsideration. A majority of the full Federal
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Biro v. Condé Nast: The “Plausibility” of Actual Malice Allegations in Public-Figure Defamation Cases
On Tuesday the U.S. Court of Appeals for the Second Circuit held that public-figure plaintiffs in defamation cases must set forth plausible allegations, at the pleadings stage, that media defendants acted with actual malice. Heralded as a victory for the media industry and First Amendment rights, the court in Biro v. Condé Nast, et al.
Copyright Termination Is Comin’ To Town Law360, New York
After sorting through the tangled 80-year history behind the song “Santa Claus is Comin’ to Town,” the Second Circuit recently held that rights to the Christmas classic will revert back to the songwriter’s heirs on Dec. 15, 2016. Rights to the composition, written by J. Fred Coots and Haven Gillespie, are currently held by EMI
California Imposes Strict Requirements on Collection and Use of Student Data in SOPIPA
Continuing to establish itself as the most progressive state in the data privacy arena, California has passed the Student Online Personal Information Protection Act (“SOPIPA”). The law imposes some of the strongest restrictions on the use of students’ information online to date. SOPIPA will become effective January 1, 2016 and website operators, app developers and
Rock the Vote: Public Performance of Music on the Campaign Trail
Election season is upon us, and while music may not be the first thing that comes to mind amidst scandals, poll numbers, and innumerable primary debates, politicians’ use of theme songs almost inevitably becomes a hot-button issue for musicians, recording artists, and lawyers. Two presidential candidates have already angered artists who feel their music was
CDAS Attorneys Appointed to 2016-2017 INTA Committees
Cowan, DeBaets, Abrahams and Sheppard LLP Partner, Eleanor M. Lackman, and Associate, Joshua Wolkoff, have been appointed to International Trademark Association (INTA) committees for the 2016-17 term. Ms. Lackman will serve on the International Amicus Committee. The committee provides expertise concerning trademark and other IP-related laws to courts and trademark offices around the world through
Ninth Circuit to Copyright Holders: DMCA Requires Fair Use Considerations
In an important decision affecting copyright owners, online hosts, and creators of user-generated content, the Ninth Circuit, on Monday, issued a bright line rule that copyright holders must consider the fair use doctrine before issuing takedown notices to remove otherwise infringing content in order to comply with the Digital Millennium Copyright Act (DMCA). The Court’s
Throwing the Challenge Flag: NCAA Athletes Successfully Demand Expansion of Publicity Rights
Two recent federal court decisions reflect a judicial willingness to extend the traditional bounds of publicity rights, affording both current and former National Collegiate Athletic Association (NCAA) athletes the opportunity to share in the revenues earned from commercial use of their names and likenesses in videogames, live game telecasts, and other licensed products. Under the
Jordan Victory Serves as Right of Publicity Cautionary Tale (Michael Jordan and Jump 23, Inc. v. Dominick’s Finer Foods, LLC and Safeway Inc.)
Michael Jordan’s recent right of publicity victory over former Chicago-area grocer Dominick’s Finer Foods suggests that the unauthorized use of a celebrity’s name or likeness may come at a price—in this case, $8.9 million. In 2009, Sports Illustrated magazine published a commemorative issue recognizing Jordan’s athletic achievements and celebrating his induction into the Basketball Hall