Categories
Contracts Headline Sports Law

How Much Should Jimmy Graham Cash-in?

Compare the following stats: Player A: 84 receptions, 1,492 yards, 17.8 avg. yards/catch, 12 TDs Player B: 86 receptions, 1,215 yards, 14.1 avg. yards/catch, 16 TDs Player C: 52 receptions, 850 yards, 16.3 avg. yards/catch 13 TDs If you guessed that Player A and Player B were two of the top receivers for the 2013 […]

Categories
Copyright Headline Intellectual Property

A (Big?) Win For Defendants Named In Mass-BitTorrent Copyright Infringement Lawsuits

On May 15, 2012, the Southern District of New York released an opinion that could have a far reaching effect with regards to mass-BitTorrent copyright infringement cases.  I have represented many individuals who have been named as defendants in these types of cases, and more often than not, they are targeted for purportedly downloading pornographic films without paying […]

Categories
Entertainment Law Headline

How Should Artists React To Not Receiving Much Compensation From Spotify?

I was reading Billboard magazine when I came across an interesting blurb in a discussion about the American rock duo, The Black Keys.  The blurb states that The Black Keys have refused to allow Spotify to stream their new music (from the album El Camino).  It was simply a business decision for the duo.  They […]

Categories
Headline Intellectual Property Trademarks

Robert Griffin III a Perfect Example of Proactively Protecting Intellectual Property

High profile athletes who are between their last game of college and their first game of professional ball would do themselves a strong service to put a competent attorney on retainer.  The earlier said athlete hires such a lawyer to start putting his business affairs in order, the more likely that athlete will profit off […]

Categories
Defamation Headline Torts

Couple Charged with Sexual Assault Gets $13.78 Million in Defamation Action

There are two big problems with filing defamation lawsuits (obviously, without looking at the facts of the various potential cases): 1) Defamation lawsuits are very difficult to win, and 2) Even if the plaintiff gets a judgment in his/her favor, the damages awarded tend to be small.  But there are always exceptions to the rule. […]

Categories
Cyberspace Headline

Your Tweets Belong to Twitter and May be Subpoenaed Without a Warrant

In April 2011, I had an article titled, You May Not “Like” This Title: Everything Stored On Facebook Is Discoverable, published in the NYU Law Journal of Intellectual Property and Entertainment Law.  The premise is that enjoying the openness of Facebook may come at an unexpected cost, especially for those who do not understand how the […]

Categories
Headline Sports Law

Football v. Football: A Comparison of Agent Regulation in France’s Ligue 1 and the NFL

The Pace Intellectual Property, Sports, & Entertainment Law Forum recently published its second annual publication.  There are a total of 11 articles in the most recent issue, including an article by Thomas A. Baker III, Darren A. Heitner, Jean Francois Broçard, and Kevin K. Byon titled, Football v. Football: A Comparison of Agent Regulation in France’s […]

Categories
Copyright Cyberspace Headline Intellectual Property

Some Hope For Quashing Copyright Infringement Subpoenas

Mass defendant copyright infringement cases are not rare these days.  Many movie studios (particularly adult entertainment companies) find it economical to attach a long list of John Doe defendants to their copyright infringement lawsuits.  The procedure is typically the same.  The company joins a bunch of Doe defendants, subpoenas the internet service provider(s) (ISP) to obtain […]

Categories
Cyberspace Headline Intellectual Property Trademarks

Have You Purchased Your .xxx Domain Name Yet?

Have you purchased your .xxx domain yet?  I am only half joking.  Many companies (big and small) that have absolutely no relation to the pornography industry have been buying up their tradenames at the .xxx level.  They have been reserving those domains from registration (see: Walmart.xxx) so that third parties cannot scoop up the domains and […]

Categories
Cyberspace Headline Intellectual Property Trade Secrets

Who Owns A Tweet And How Much Is A Follower Worth?

How much money is a Twitter follower worth, what about the value of an individual Tweet, and who actually owns a Twitter account?  Those are a few questions that may be answered if a lawsuit that was filed on July 15, 2011 in the United States District Court Northern District of California ends up going to […]