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Contracts Headline Sports Law

11th Circuit Holds That Attorneys Cannot Take Fees Out Of NFL Disability Awards

There is nothing wrong with providing legal services to retired National Football League (NFL) players.  In fact, many retired NFL players have good claims for benefits and deserve representation by competent attorneys.  However, if an attorney provides legal services in such a case involving payment through the NFL pension and disability plan, he/she should not […]

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Copyright Cyberspace Headline Intellectual Property

Internet Service Providers Considering New Graduated Response To Copyright Infringement

The Online Copyright Infringement Liability Limitation Act (OCILLA), also known as DMCA 512 was passed in 1998 as part of the Digital Millennium Copyright Act (DMCA). OCILLA is also known as the “Safe Harbor” provision in the DMCA, which shields internet service providers (ISPs) from being forced to pay any monetary damages as a result of […]

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Copyright Headline Intellectual Property

Copyright Infringement Subpoena: To Challenge Or Not To Challenge

In order for a copyright holder to get personal information of someone whom is considered to be illegally infringing the copyright, the copyright holder likely must subpoena the infringer’s internet service provider (ISP).  The person accused of infringing activity has the right to file a motion to quash the subpoena; however, the accused infringer will […]

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Cyberspace Headline Intellectual Property Trademarks

Prepare For Trademark Infringement With New Top-Level Domains

Generic top-level domains (gTLDs) include .com, .net, .org, .edu, and other variations in what is considered to be the back-end of a domain name.  In 2000, the Internet Corporation for Assigned Names and Numbers (ICANN) introduced .aero, .biz, .coop, .inof, .museum, .name, and .pro.  Then, in 2005, .cat, .jobs, .mobi, .tel, and .travel were added […]

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Cyberspace Headline Intellectual Property Trademarks

Coventry First Files Twittersquatting Lawsuit, Probably Won’t Win

Ever since domain names have been open for public registration, domain owners have been guilty of cybersquatting on other peoples’/companies names.  Some cybersquatting cases are more clear than others.  If I register the domain name BurgerKing.com, it is unlikely that I can defend it by showing a legitimate use for owning the URL.  However, if […]

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Copyright Cyberspace Headline Intellectual Property

Nude Nuns Drop Their Guns, Dismiss Copyright Infringement Case

The most active group of movie producers in the realm of litigating apparent copyright infringement in 2011 seems to be producers of pornographic material.  I have no hard evidence that this is the case, but from the sheer amount of cases I hear about, including some demand letters that clients have brought to my attention, […]

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Copyright Cyberspace Headline Intellectual Property

An Actual Movie Studio Copyright Infringement Settlement Letter

Download a copyrighted movie using the popular downloader BitTorrent?  That action is considered copyright infringement.  Movie studios are becoming increasingly active in protecting their copyrights, requesting courts to approve their subpoenas on internet service providers to find out the personal private information about people who are supposedly tied to IP addresses of infringers.  Movie studios […]

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Headline Sports Law Workers Compensation

Florida Professional Athletes Affected By New Workers Compensation Law

In January 2011, the National Football League Players Association (NFLPA) released a report titled, “Dangers of the Game of Football.”  In the report, the NFLPA wrote that injuries went from 3.2 per week to 3.7 per week in 2010.  Further, 63% of NFL players were injured during the 2010 season compared to a 59% average […]

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Copyright Cyberspace Headline Intellectual Property

The Status Of Online Copyright Infringement Law In 2011

2011 has been a year of very large copyright infringement complaint filings.  First came word that the makers of The Expendables are suing 23,322 John Does who allegedly downloaded the movie online for free using a program called BitTorrent.  Roughly a week later, a new lawsuit against 24,583 John Does who allegedly illegally downloaded the movie […]

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Copyright Cyberspace Headline Intellectual Property

Movie Studios Sue Zediva for Copyright Infringement

Zediva does not have name recognition among the general public yet, but it certainly has plans to enter every American household.  Movie studios will do everything in their power to prevent that from happening.  On April 4, 2011, multiple movie studios filed a complaint for copyright infringement in the United States District Court Central District […]