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January 19, 2024 | Law.com

Creative Expression vs. the Lanham Act: Six Months of Cases After Jack Daniel's

Last Term, the U.S. Supreme Court decided Jack Daniel's v. VIP Products — a case involving interaction between the Lanham Act and the First Amendment. This article traces the lower courts' reactions and applications to that decision.
10 minute read
May 22, 2023 | Law.com

Lights, Camera, Lawsuit: Detainees Alleged 'More Severe' Conditions During Filming of Fox's 'Empire' at Juvenile Detention Center

The U.S. Court of Appeals for the Seventh Circuit determined a juvenile detention center's superintendent was entitled to state sovereign immunity from a class action by youth detainees who alleged that they were subjected to unduly harsh conditions after he allowed a popular show to film at the facility.
4 minute read
May 17, 2023 | Law.com

The First Amendment and the Lanham Act At the Supreme Court

In March, the Supreme Court heard a blockbuster trademark case with significant implications for trademark law. After argument, reversal seems likely as questioning from the justices suggests that a long-standing precedent is unlikely to survive unscathed. But the Court also indicated concern over the broader implications of this case in the arts, entertainment, and publishing. Here's what you need to know about Jack Daniel's v. VIP Products.
11 minute read
January 09, 2023 | Law.com

Is Trademark Protection Going to the Dogs?

The Ninth Circuit held in VIP Prods. LLC v. Jack Daniel's Properties that VIP's "Bad Spaniels" dog toy mimicking the appearance of a Jack Daniels whisky bottle was protected expression under the First Amendment. The Supreme Court granted cert in November 2022 to consider the principal question whether humorous use of another's mark on a commercial product should be assessed under Rogers or the traditional multipart test of likelihood of confusion.
10 minute read
May 13, 2022 | New York Law Journal

A Tale of Two Lawsuits: Two New York Trademark Actions Against NFT Sales Pose Distinct Challenges to the Burgeoning NFT Marketplace

Despite the 'Hermès' and 'Nike' cases' superficial similarity, the two cases raise fundamentally different questions within trademark doctrine.
11 minute read
February 17, 2022 | The Recorder

Actor Rockmond Dunbar Claims Disney In-House Lawyer Said Religion Was 'Fake' While Seeking COVID-19 Vaccine Workplace Exemption

The actor alleges a Disney in-house counsel leader called his religion "fake" during discussions on whether to accommodate his request, and that Twentieth Century Fox's attorneys from Paul Hastings also argued that his beliefs were insincere.
6 minute read
December 16, 2020 | Corporate Counsel

Ex-Fox Legal VP Joins American Tire Distributors as Chief Legal Officer

As ATD's new top lawyer, Carol Genis is expected to "continue building on ATD's strong momentum through her breadth of legal expertise."
2 minute read
January 23, 2019 | New Jersey Law Journal

MeToo Movement's Impact on Morals Clauses and the Right to Clawback Compensation

Including morality, clawback and/or liquidated damage clauses in employment agreements sends a clear message to executives that they better not engage in such behavior.
5 minute read
June 15, 2018 | The American Lawyer

Despite Comcast Bid After AT&T's Big Win, No 'Avalanche' of M&A in Offing

A federal judge's ruling clearing the way for a combination between AT&T Inc. and Time Warner Inc., as well as dueling bids for the assets of 21st Century Fox Inc., have many hoping for an M&A wave. But optimistic outlooks should be tempered, said some deal lawyers.
1 minute read
March 10, 2017 | New York Law Journal

O'Melveny & Myers Reports Strong Revenue and Income Growth in 2016

In Asia, the 648-lawyer firm saw several departures across offices last year, but chair Brad Butwin says his firm remains committed to the region.
35 minute read

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