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Archive for the ‘Jurisdiction’ Category

Entrepreneur “Owns” Oprah as Second Circuit Reinstates Trademark Suit

 Kelly-Brown v. Winfrey
By Alex Shank – Edited by Samantha Rothberg

The U.S. Court of Appeals for the Second Circuit vacated the District Court for the Southern District of New York’s (S.D.N.Y.) dismissal of trademark infringement claims against Oprah Winfrey, rejecting her fair use defense. Kelly-Brown alleged that Winfrey had used her trademarked phrase “Own Your Power” “as a mark” on the cover of O, The Oprah Magazine, its website, and at a magazine event.

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Posted On Jun - 18 - 2013 Comments Off READ FULL POST

Flash Digest: News in Brief
By Samantha Rothberg

Chinese National Sentenced to 12 Years in U.S. Prison for Selling Pirated Software

Songwriters’ Rights Group BMI Sues Pandora Over Fee Dispute

Google Argues Wi-FI is “Radio Signal” in Street View Case

New York Aims to Crack Down on 3D Gun Printing

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Posted On Jun - 16 - 2013 Comments Off READ FULL POST

Athlete’s Right of Publicity Outweighs First Amendment Protections for EA Video Game, Court Holds

Hart v. Electronic Arts, Inc.
By Samantha Rothberg – Edited by Alex Shank

The Third Circuit reversed the U.S. District Court for the District of New Jersey’s grant of summary judgment to Electronic Arts (“EA”) in a right of publicity action, on the grounds that EA’s appropriation of Ryan Hart’s likeness in a video game was protected by the First Amendment. The case was remanded to the district court for further proceedings consistent with the Third Circuit’s adoption of the “transformative use” test.

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Posted On Jun - 10 - 2013 Comments Off READ FULL POST

Burdens of Discovery for Scientific Working Materials and Deliberative Documents

Written by: Evelyn Y. Chang
Edited by: Jessica Vosgerchian

In March of 2012, British Petroleum sought court enforcement of a subpoena for “any conversation or discussion” made by researchers from WHOI regarding their studies on the Deepwater Horizon oil spill. The court applied a balancing test that weighed BP’s need for the requested information against the burden placed on WHOI, and required the WHOI researchers disclose internal pre-publication materials relating to the studies cited in the government report.

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Posted On May - 19 - 2013 Comments Off READ FULL POST

District Court Grants Summary Judgment to YouTube in Viacom v. YouTube (Again)

Viacom Int’l Inc. v. YouTube, Inc.
By Pio Szamel – Edited by Laura Fishwick

On April 18, 2013 the U.S. District Court for the Southern District of New York once again granted summary judgment for YouTube in Viacom Int’l Inc. v. YouTube, Inc., on remand from the Second Circuit Court of Appeals. Judge Louis L. Stanton held that YouTube did not have any actual knowledge of any specific infringements of the Viacom content in suit, nor was it willfully blind to any such specific infringements.

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Posted On May - 2 - 2013 Comments Off READ FULL POST
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