Litigation and Statutory Developments

The US Copyright Office issued a lengthy report concluding that the Digital Millennium Copyright Act (DMCA) has “tilted askew” in favor of tech companies.  It called on Congress to make changes in the act that will favor copyright owners.

Background

Congress passed the DMCA in 1998. One goal of the Act was to accommodate the

The organizers of a Salt Lake City comic convention suffered another blow in their long-running trademark battle with the organizers of the San Diego Comic-Con.

The Salt Lake event styled itself as “Salt Lake Comic Con.” The owners of the registered trademark “San Diego Comic-Con” sued for infringement. Nearly six years of litigation culminated in

Although the coronavirus pandemic has brought production to a virtual standstill, writers, unlike directors and performers, are still able to work on development. While they shelter in place quietly plying their trade, their union has continued to make news.

Agency Litigation

The breaking story is a ruling in the California District Court case between the

The nearly two-year legal saga between television host Tavis Smiley and PBS appears headed for its final chapter next month when the parties face off in trial.  Central to the dispute is the meaning and scope of the morals clause in Smiley’s contract with PBS.  PBS terminated its 14-year partnership with Smiley in 2017 for

To follow up a story we two previous blogs (here and here), Redbox and Disney have settled their lawsuit over Redbox’s sale of download codes from Disney “combo packs.”

Combo packs were sets that Disney sold comprising a Blu-Ray and DVD of a movie plus a code that the purchaser could use to

In a move that could upend the US theatrical exhibition landscape, the Antitrust Division of the Department of Justice has announced that it will seek court approval to terminate the Paramount Consent Decrees.

The Paramount Consent Decrees went into effect in 1948 following the decision of the Supreme Court in United States v. Paramount Pictures

Netflix’s original series “When They See Us” was released in May of this year and portrayed the prosecution of five teenagers of color who were wrongfully convicted of raping a white woman in Manhattan’s Central Park in 1989.  The series depicts the detectives and police abusing the teens, isolating them from their parents, and subjecting

Image from 123RF Limited

The U.S. Supreme Court this week officially pulled the plug on the Lanham Act’s prohibition on the registration of trademarks that comprise “immoral” or “scandalous” matter on First Amendment grounds.  The prohibition, found in Section 2(a) of the Act, was already on life support after the Court’s

The United States Supreme Court decided this week that purchasers of apps through the Apple App Store have standing under federal antitrust law to bring a class-action lawsuit against the tech giant.

The Sherman Antitrust Act makes it unlawful for any person to “monopolize, or attempt to monopolize, or combine or conspire with any other