Heitner Legal
Under 17 U.S. Code § 505 the prevailing party in a copyright infringement case may be entitled to an award of its reasonable attorney’s fees. It is not an absolute right but, instead, the court must make a case-by-case assessment and look at various relevant factors such as: (1) whether the claim was frivolous; (2) the party’s motivation; (3) […]
How important is a website’s About page when a court is analyzing claims for false advertising and deceptive practices under the Lanham Act? An order from the U.S. District Court for the Southern District of New York in the case of Casper Sleep, Inc. v. Nectar Brand LLC, et al. provides an answer to the […]
A new ruling from the U.S. District Court for the Southern District of New York addresses a hot topic of copyright infringement surrounding the posting of copyrighted material on social media. U.S. District Judge Mary Kay Vyskocil ruled in favor of plaintiff photographer Mark Iantosca on his motion for summary judgment against Elie Tahari, Ltd. […]
It was just a matter of time before companies would start looking to get out of major compensation obligations in their sponsorship agreements that had gone sour, using the novel coronavirus as a foundation for termination. The biggest sports sponsorship in question is probably Under Armour’s 15-year, $280 million Athletic Product and Sponsorship Agreement that […]
The esports industry is responsible for roughly $975 million in revenue in 2020 and is expected to jump to $1.6 billion by 2023, according to data from Statista. There would be no revenue to boast of without the talent competing in the various game titles, and with the talent generating significant incomes for themselves, there […]
A key element of any motion for temporary restraining order or preliminary injunction is demonstrating the likelihood of irreparable harm. In federal cases, the standard is provided by Federal Rule of Civil Procedure 65, and case law has made it clear that this type of relief is considered an extraordinary and drastic remedy. The high […]
Earning a judgment against an individual allegedly infringing on one’s copyright is not as simple as obtaining information attaching an IP address to the supposed infringer and connecting the dots for the judge. The court denied a plaintiff’s motion for default judgment in a case pending before the U.S. District Court for the Northern District […]
What happens if you file a lawsuit against an individual in a foreign country and find difficulty in serving the individual with the Summons and Complaint? This is a very common issue faced by plaintiffs who seek relief from individuals who are based outside of the United States. A recent ruling in the U.S. District […]
Who is the rightful owner of a social media account? This has become a very important question no matter whether the account is on Twitter, Instagram, Facebook, Snapchat, TikTok. Disputes commonly arise surrounding the ownership of social media accounts when employees who had access to and used those accounts during their employment are no longer […]
Is it considered to be trademark infringement when one company decides to purchase keyword advertisements on search engines or the like, using another’s trademark registrations within the purchased search terms? A new recommendation from a U.S. Magistrate Judge sitting in the Northern District of Texas provides some thoughts on the subject matter. In the case […]