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Dannon Makes History In General Consumer Protection Lawsuit

Recently, I looked at the largest software piracy verdict ever.  Now, I bring you the biggest attorney general consumer protection multi-state settlement ever reached with a food producer.  Attorney generals from multiple states sued The Dannon Company, an American yogurt company that develops and markets dairy products in the United States.  It is a subsidiary […]

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Headline Sports Law Torts

NFL Players Receiving Adequate Warning Regarding Concussions

Roughly 9,000 lawsuits have been filed against tobacco companies in Florida based on claims that for many years tobacco companies failed to warn smokers about the dangers and addictive capacity of cigarettes.  The class of potential plaintiffs is huge, as many people across the country have smoked cigarettes at one point in their lives.  The […]

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Copyright Headline Intellectual Property

The Fair Use Of Unpublished Works

Authors and scholars would love to be able to use unpublished works in their own works, but they must do so carefully so that they do not run afoul of copyright law and publisher restrictions.  Historically, it has been tough to prove a fair use when dealing with unpublished works.  There is no per se […]

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Cyberspace Headline Intellectual Property Trademarks

Gucci Gains Over Twenty Domains In UDRP Hearing

Guccio Gucci founded the Italian fashion and leather goods label Gucci in Florence in 1921.  Since then, it has become a very fashionable and profitable brand throughout the world.  The brand holds many registrations for the trademark GUCCI throughout the world.  It was not pleased to find out that someone had registered multiple domain names that […]

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Contracts Headline Sports Law

MLB Responds To Anheuser-Busch’s Complaint

On November 29, I discussed Anheuser-Busch Inc.’s lawsuit against MLB.  In its Complaint, Anheuser-Busch claimed that the company was entitled to a multi-year renewal on its beer-sponsorship rights based on negotiations that ended with a letter agreement in April 2010, and that MLB all of a sudden went back on its promise to renew, asking for […]

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Copyright Headline Intellectual Property

Oracle Scores The Biggest Software Piracy Verdict Ever

$1.3 billion is now the largest amount ever awarded to a plaintiff in a software piracy case, and the 23rd largest jury verdict.  The plaintiff was Oracle and the defendant was SAP, a leader in business management software.  Oracle claimed that SAP stole thousands of copies of Oracle software for over three years and then […]

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Headline Negligence Personal Injury Torts

Duty To Instruct How To Properly Eat An Artichoke

I am not a huge fan of artichokes.  Eating them takes too much effort, and I am not very impressed by their taste.  However, I do know how to eat one, and I would expect that if someone asked me to serve him an artichoke, he would also know how to eat one properly, or […]

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Headline Intellectual Property Sports Law Trademarks

The NFL Cares About Who Wins The Souper Bowl

Trademark bullying watch!  My first post on trademark bullying discussed the U.S. Patent and Trademark Office’s (USPTO) interest in eliciting suggestions to address these problematic litigation tactics.  Legit claims are one thing; trademark bullying ties up the courts, costs people money that would be better spent on innovation, and takes up unnecessary time litigating. My […]

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Contracts Entertainment Law Headline

Winter Music Conference In A Fight With Ultra Music Festival

For over 20 years, South Florida has hosted an annual week-long event called the Winter Music Conference (WMC).  People from around the world come to the event, which includes over 500 sub-events under WMC’s umbrella of festivities.  One of the more popular sub-events is the Ultra Music Festival (Ultra).  For the first year, in 2011, […]

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Headline Intellectual Property Right of Publicity Sports Law

Sam Keller Seeks To Protect Athletes’ Right of Publicity

Here is a sample definition of likeness – name, silhouette, personality, appearance, performance, depiction, portrayal, photograph and voice.  It is an integral definition in many licensing agreements where one party hopes to be able to exploit the other party, usually for a hefty fee.  What if you were not entitled to just compensation for the […]