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Tennis Channel Finds DC Court Too Hard for Its Liking

Fri, 14 Jun 2013 14:17:00 EDT

Any tennis player will tell you it’s better to have a first than second serve. Similarly, when it comes to TV channels looking for carriage, it’s better to be on a distributor’s first tier than a secondary, specialty tier. However, a recent United States Court of Appeals for the District of Columbia Circuit ruling in a dispute between The Tennis Channel and cable company Comcast affirms that networks face a high net to clear when seeking improved placement from their distributors even where it appears the distributors might be giving preferential treatment to their wholly-owned channels.

The dispute between Tennis and Comcast centered around whether Comcast’s refusal to place The Tennis Channel on Comcast’s “basic tier” along [...]

Morris v. Guetta: Are Appropriation Artists Getting A Free Pass by the Second Circuit?

Tue, 28 May 2013 11:14:00 EDT

Second Circuit Loosens Standard of Transformative Use by Appropriation Artists

By Zehra Abdi

In February of this year, the U.S. District Court for the Central District of California ruled that appropriation artist Thierry Guetta infringed photographer Dennis Morris’s copyright in a photograph of Sex Pistols singer Sid Vicious when he created seven works of art based on Morris’s black and white photograph. In its order granting Morris’s motion for summary judgment, the Court relied on previous Second Circuit precedent, and found that Guetta’s use of the photograph was neither transformative nor justified, rejecting the argument that “appropriation art per se” should be protected by fair use. Guetta has recently filed a motion for reconsideration, asking the judge to reconsider its ruling in light of the Second Circuit’s April 25, 2013 [...]

Kenneth N. Swezey to Moderate Book Expo Panel on Digital Publishing & Transmedia Storytelling: Deals, Rights and Revenue

Wed, 22 May 2013 17:11:00 EDT

CDAS Partner Kenneth N. Swezey will moderate a panel on digital rights and new publishing business models at Book Expo America next Wednesday, May 29^th. The panelists will be Corinne Helman of Harper Collins, Miriam Goderich of Dystel & Goderich Literary Management and Jeff Gomez, CEO of Starlight Runner Entertainment.

The event description is below. Please follow this link for more details: http://bea13.mapyourshow.com/5_0/sessions/sessiondetails.cfm?ScheduledSessionID=1AA0

As digital hits the big time, Authors and Publishers are beginning to release cross-platform projects that develop major brands, delight audiences and generate real revenues. At the same time, stakeholders are being challenged to create new business models, negotiate complex rights issues, realize the business potential of emerging tech platforms and ensure that they retain participation in [...]

Capitol Records v. MP3tunes: Viacom v. YouTube Causes Court to Reconsider Ruling, Send Parties to Trial

Fri, 17 May 2013 20:20:00 EDT

Southern District of New York Reconsiders “Music Locker” Case in Light of Intervening DMCA Decision

By Eleanor M. Lackman and Simon N. Pulman

In a decision that is largely favorable to copyright owners, Judge Pauley of the Southern District of New York granted in part a motion by plaintiffs EMI, Inc. and fourteen other record companies (together, “EMI”) requesting reconsideration of its 2011 decision in Capitol Records, Inc. v. MP3tunes, LLC, which dismissed most of EMI’s contributory copyright infringement claims against music search and “locker” service MP3tunes. While reconsideration is very unusual, Judge Pauley found that the Second Circuit’s intervening decision in Viacom International, Inc. v. Youtube, Inc., merited re-assessment of the case under the Second Circuit’s stated standards in cases involving those seeking to avail themselves of the safe harbor provided in the [...]

Padmapper Case: Craigslist Permitted to Proceed Against Republishers of Its Content

Tue, 14 May 2013 09:07:00 EDT

Court suggests a "click" could constitute a writing for purposes of granting an exclusive license

By Simon N. Pulman

In Craigslist Inc. v. 3Taps Inc. et al., the U.S. District Court for the Northern District of California refused to dismiss many of the claims brought by Craiglist against several republishers of its user content based in part on its broad terms of use, turning on whether user content was exclusive to the online classified ad company. This case highlights the importance of carefully crafted language presented to users when accessing a website that can be used to support copyright, trademark and computer fraud claims against competitors.

Background

The corporate defendants, 3Taps Inc. (“3Taps”), Padmapper, Inc. (“Padmapper”), Discover Home Network, Inc. d/b/a Lovely (“Lovely”) all aggregate and republish advertisements from Craigslist. 3Taps markets an API that [...]

Eleanor M. Lackman Authors Amicus Brief on Behalf of Copyright Alliance in Aerokiller Case

Tue, 07 May 2013 12:41:00 EDT

CDAS Partner Eleanor M. Lackman authored an amicus brief on behalf of the Copyright Alliance in the Ninth Circuit case Fox Television Stations v. Aerokiller. In the brief, Ms. Lackman argues on behalf of The Copyright Alliance that The Copyright Alliance argues in the brief that district judge George Wu was correct in granting an injunction against Aereokiller, a service that provides unlicensed broadcast television over the internet for a fee. Ms. Lackman writes:

If those who invest in the production and distribution of creative works cannot be assured that their interests will be protected – regardless of whether those works are distributed through old, traditional models or new, “disruptive” ones – the array of works that will be [...]

YouTube Stays Safe under DMCA “Safe Harbor”

Wed, 01 May 2013 13:56:00 EDT

Southern District of New York Rules YouTube Protected by DMCA

By Jeffrey M. Lawhorn

For the second time in three years, the U.S. District Court for the Southern District of New York determined, in Viacom v. YouTube, that YouTube qualified for and was shielded from copyright infringement liability by the Digital Millennium Copyright Act (“DMCA”).

The Background

In March 2007, Viacom (and other content providers) sued YouTube (and Google) alleging that YouTube should be held liable for copyright infringement for hosting approximately 79,000 infringing videos that appeared on YouTube websites between 2005 and 2008 (the “clips-in-suit”), including clips from The Daily Show, Family Guy, and South Park. The lawsuit sought more than $1 billion in damages.

The case was decided in YouTube’s favor on summary judgment in 2010 by district [...]

CDAS Client Park Pictures Funds “Infinitely Polar Bear”

Mon, 15 Apr 2013 09:16:00 EDT

Mark Ruffalo and Zoe Saldana Picture to Film in Rhode Island

CDAS Partner Marc H. Simon’s client Park Pictures Film Partners is financing and producing Infinitely Polar Bear, starring Mark Ruffalo and Zoe Saldana, which just began shooting in Rhode Island. Park’s Sam Bisbee and Galt Niederhoffer will produce the Maya Forbes written and directed film with Benji Kohn, Austin Stark and Bingo Gubelmann from Paper Street Films. Bad Robot’s JJ Abrams and Bryan Burk are among the exec producers.

CDAS Client 10X Management Featured in Bloomberg Businessweek

Mon, 15 Apr 2013 09:06:00 EDT

CDAS Partner Joshua B. Sessler’s client 10X Management is featured in a great story in Bloomberg Businessweek. 10X represents top freelance software programmers, pairing them with Silicon Valley companies, negotiating their salaries, and helping to manage their finances.

According to Bloomberg:

10X Management wants to build a reputation for having the best coders around on speed dial, so that startups in a pinch know they can depend on the company for really talented people. “We want to be the Rolls Royce or Apple,” says Guvench. As traditional agents do—and temp agencies typically don’t—10X also tries to guide the careers of its developers. “There is a lifestyle design aspect to this,” Guvench says. “A lot of these guys eventually want to start [...]

Too Much Trademark “Melodrama”: Court Sanctions Author for Fraudulently Registering Book Publisher’s Trademark . . . and Then Using the Registration to Claim Publisher Is a Trademark Infringer

Mon, 15 Apr 2013 08:55:00 EDT

Southern District Grants Melodrama Publishing’s Pleading-Stage Request to Cancel Author’s Registration

By Eleanor M. Lackman and Simon N. Pulman

The burden of showing fraud in a trademark filing is ever-evolving but always high. A similarly high standard applies when it comes to meeting the “exceptional case” requirement for an award of attorneys’ fees for the prevailing party. Nevertheless, some cases involve such obvious wrongdoing that the burdens can be met before discovery even opens. This is one of those cases.

Background

The story begins in July 2007, when book publisher Melodrama Publishing, LLC (“Melodrama”) hired author Danielle Santiago to write two books, Cartier Cartel and Cartier Cartel – The Sequel, to be published under the pseudonym “Nisa Santiago.” When Santiago failed to deliver a complete manuscript – she delivered only two full [...]

Photographer William Eggleston Beats Claim By Collector For Creating New Prints Outside Of Edition

Fri, 12 Apr 2013 18:11:00 EDT

Case Interprets New York Arts and Cultural Affairs Law

By Joshua S. Wolkoff and Nancy E. Wolff

On March 29, 2012, U.S. District Judge Deborah Batts dismissed collector John Sobel’s complaint against celebrated fine art photographer William Eggleston. The lawsuit stemmed from allegations that Eggleston diluted the value of Sobel’s limited edition Eggleston prints when Eggleston created additional reprints derived from the same images, but of a different size, medium and print date.

This case construes, for the first time, whether the New York Arts and Cultural Affairs Law (“ACAL”) governing the sale of multiples permits subsequent reprints of previously produced limited edition works.

Background:

Between 2008 and 2011, Sobel purchased eight limited edition prints by Eggleston, each numbered on the bottom with a fraction. According to Sobel, the photographs’ [...]

Southern District Not Buying Digital Music Marketplace

Fri, 12 Apr 2013 08:40:00 EDT

“Reseller” ReDigi Rebuffed by New York Judge

By David Mazur

Founding executive editor of Wired Magazine Kevin Kelly once observed that, at its core, the Internet is the world’s largest copying machine and that the digital economy has been built on a stream of copies. Unfortunately for the hopes of digital music reseller ReDigi, Judge Sullivan of New York’s Southern District agreed, granting Capitol Records’ motion for summary judgment late last month.

Through its Media Manager software and Cloud Locker service, ReDigi purported to “transport” tracks that its users had purchased legitimately on iTunes to third parties seeking to buy “used digital music” at reduced prices. After verifying a track had been purchased from iTunes, ReDigi users uploaded their files, packet-by-packet, to “lockers” on ReDigi’s remote server, so [...]

WNET v. Aereo: Split Appellate Panel Rules That “Remote-Storage DVR” Decision Insulates Provider of Internet Streaming from Liability

Wed, 10 Apr 2013 13:29:00 EDT

By Eleanor M. Lackman

On April 1, 2013, the U.S. Court of Appeals for the Second Circuit handed down a 2-1 decision affirming a lower court’s ruling that a broadcast television retransmission system was unlikely to be liable for copyright infringement due to the Second Circuit’s holding in Cartoon Network LP, LLLP v. CSC Holdings, Inc., 536 F.3d 121 (2d Cir. 2008) (commonly referred to as the Cablevision decision). WNET v. Aereo, Inc., Nos. 12-2786-cv & 12-2807-cv (2d Cir. Apr. 1, 2013). The Aereo ruling deals a blow to the standard cable licensing model and may have impacts beyond television distribution alone. While a similar case pending in the Ninth Circuit will provide a better understanding of how [...]

Ora TV Buys Stick Figure Productions

Wed, 10 Apr 2013 11:05:00 EDT

Ora TV, the digital network backed by Carlos Slim, today announced that it has purchased CDAS client Stick Figure Productions, a specialist in documentaries and unscripted television production. Stick Figure, represented by CDAS partner Frederick P. Bimbler, has produced over 250 hours of television for more than 40 networks including: “American Gypsies,” “Repossessed” and “Amish: Out of Order” (Nat Geo), “Family Bonds” (HBO), “Kimora: Life in the Fab Lane” (Style), “Amish in the City” (UPN), “#1 Single” (E!) and the digital series “The Biz,” produced with Lyor Cohen for Warner Music and AOL. Its films include “Devil’s Playground,” “Reporter,” “No One Dies in Lily Dale” and “Unraveled” (directed and produced by CDAS Partner Marc H. Simon).

The acquisition [...]

Tory Burch Sinks Fashion Pirates

Wed, 10 Apr 2013 10:50:00 EDT

District Court Grants TRO Based on Trademark and Cyberpiracy Claims

By Simon Pulman

Luxury fashion brand Tory Burch scored a victory in the Northern District of Illinois Eastern Division, as the court granted its motions for a temporary restraining order, domain name transfer order and other relief against a syndicate of Chinese counterfeiters selling counterfeit goods across the internet. The unnamed defendants were using hundreds of interactive websites and online marketplaces to sell low quality, fake Tory Burch products, in addition to using various tactics to conceal their identities.

Lanham Act Claims

The court held that Tory Burch demonstrated a likelihood of success on the merits as it showed that its mark is protected under the Lanham Act and that the defendants’ counterfeit mark was likely to cause confusion among consumers. In [...]

Copyright In the Data Age: Nancy E. Wolff to Lead Discussion

Wed, 10 Apr 2013 10:17:00 EDT

CDAS Partner Nancy E. Wolff is one of the attorneys leading the session New Cases in Copyright Law – Internet and Beyond at the Fundamentals of Copyright Law in the Data Era event in Chicago and New York. The discussion will cover all the major recent copyright decisions. See below for a full event description:

New Cases in Copyright Law - Internet and Beyond

Newsworthy copyright cases

Impact of case law on copyright law practice

Possible future copyright conflicts

Kirtsaeng v. John Wiley & Sons, Monge v. Maya Magazines, Harney v. Sony Pictures Television, Peters v. West, Petrella v. MGM, Paramount Pictures v. Puzo, Mattell v. MGA, Capitol Records v. Thomas-Rasset (cert. petition pending) and many more

...]

Columbia Pictures Industries v. Fung: IsoHunt Found Liable for Contributory Infringement

Tue, 09 Apr 2013 17:34:00 EDT

Ninth Circuit Affirms Summary Judgment in Favor of Movie Studios in Torrenting Case

By Simon Pulman

The United States Court of Appeals for the Ninth Circuit substantially affirmed a district court judgment in favor of several film studios in Columbia Pictures Industries v. Fung, holding on March 21^st, 2013 that the defendant was liable for contributory copyright infringement because its bittorrent hosting service, known as isoHunt, induced third parties to download infringing copies of the studios’ copyrighted works. The Ninth Circuit also held that the defendant was not entitled to protection from liability under any of the safe harbor provisions of the Digital Millennium Copyright Act (DMCA).

Background

Defendant Gary Fung owns several torrent-related sites, most notably isoHunt.com, that facilitate the identification and sharing of files through a peer-to-peer network based upon the [...]

Supreme Court Applies First Sale Doctrine to Foreign-published Books Despite Publisher’s Geographic Import Restrictions

Mon, 08 Apr 2013 14:23:00 EDT

Court adopts policy of international exhaustion

By David Mazur

In the recent case of Kirtsaeng v. John Wiley & Sons, the Supreme Court held that the first sale doctrine, codified in Section 109(a) of the Copyright Act, applies to copyrighted works manufactured overseas. Kirtsaeng, a Thai national studying mathematics in the United States, made himself thousands of dollars reselling textbooks on eBay that had been manufactured by Wiley’s Asian subsidiary and shipped to him by family and friends. Although the English-language Thai editions were nearly identical to their American counterparts, Wiley had priced them differently, as economic conditions and demand for academic textbooks vary in different territories. While this sort of activity is undoubtedly legitimate (and the underpinning of robust businesses) if it’s done entirely within [...]

April Newsletter

Mon, 08 Apr 2013 12:57:00 EDT

Q2newsletter

Mon, 08 Apr 2013 09:28:00 EDT

COWAN DEBAETS ABRAHAMS & SHEPPARD LLP ADDS LEADING TECH AND VENTURE LAW GROUP

Wed, 03 Apr 2013 13:00:00 EDT

New York, NY—April 3, 2013 — Cowan DeBaets Abrahams & Sheppard LLP (CDAS) announces today that key members of the Venture Law Group of MasurLaw, a leading New York venture finance, technology and digital media firm have moved to CDAS. The new talent will enhance CDAS’s venture financing and digital media capabilities and complement CDAS’s rapidly expanding Digital Media Practice Group, which provides counsel to disruptive broadband video, mobile, gaming, content licensing, digital publishing and branded content companies.

The incoming Venture Law Group has built a strong reputation in the tech, digital and venture capital communities. For over twenty years, it has provided counsel to innovative companies on strategic deals, corporate finance, M&A and entertainment, and [...]

Aereo Update: Eleanor M. Lackman Quoted in Law360

Tue, 02 Apr 2013 11:10:00 EDT

CDAS Partner Eleanor M. Lackman was quoted by Law 360 in the wake of the most recent Second Circuit decision in WNET, Thirteen v. Aereo, Inc.; Am. Broad. Cos., Inc. v. Aereo, Inc.

The Second Circuit’s decision may hold significant repercussions for the cable television industry. Within the article, Eleanor observes that the decision places Aereo in an advantageous position in comparison with traditional cable systems and notes the importance of Judge Denny Chin’s dissent, which labels the Aereo business model a “sham” designed to exploit loopholes in the definition of a “public performance” under copyright law.

You can find the full article on Law 360 here (subscription required).

Oscilloscope Picks Up Lotfy Nathan's "12 O'Clock Boys"

Wed, 27 Mar 2013 17:27:00 EDT

Oscilloscope Laboratories announced today that it has acquired all North American rights 12 O’CLOCK BOYS, directed and produced by CDAS Partner Marc H. Simon’s client Lotfy Nathan. The film tells the story of the 12 O’Clock Boys, a notorious urban dirt bike pack in Baltimore. Converging in groups and invading the streets, they dangerously–yet magnificently–make their presence known as they pop wheelies and weave in and out of traffic at excessive speeds, all the while taunting the police who must obey a self-imposed “no chase” rule for fear of endangering the public. Nathan frames the three-years-in-the-making narrative through the eyes of the adolescent Pug – a kid from the Westside eager to join the 12 O’Clock Boys’ ranks. Pug reveres [...]

Associated Press v. Meltwater: Associated Press Scores Significant Copyright Victory

Mon, 25 Mar 2013 19:31:00 EDT

Southern District of New York rules news article “scraping” not fair use

By Simon Pulman

The Associated Press scored a significant victory this past week in a case indicating that the scales may be beginning to tip in favor of content owners in the battle over online copyright infringement. In Associated Press v. Meltwater, the United States District Court for the Southern District of New York granted plaintiff The Associated Press’s (“AP”) motion for summary judgment with one exception, while denying defendant Meltwater U.S. Holdings, Inc.’s (“Meltwater”) equivalent motion. Most significantly, the court, in a 90-page opinion, held that Meltwater’s practice of “scraping” the internet and offering excerpts of news stories through its “Global Media Monitoring” service does not constitute fair use.

After ruling that AP had successfully carried its burden of showing [...]

Central Park Five: Judge Blocks City’s Subpoena

Fri, 22 Mar 2013 16:30:00 EDT

By Marc H. Simon and Nicholas Tardif

Renowned documentary filmmaker Ken Burns and his film company, Florentine Films, won a significant legal victory recently as a Magistrate Judge ruled that they do not have to produce unused material from his documentary The Central Park Five to New York City. On February 19, 2013, Magistrate Judge Ronald Ellis ruled that Burns and Florentine are protected by the reporter’s privilege.

The reporter’s privilege gives a journalist the right to refuse to disclose sources consulted and information collected during the newsgathering process. It is designed to protect the integrity of the newsgathering process, ensure the free-flow of information to the public, and promote the public interest in maintaining an independent press.

...]

“WISH YOU WOULD STEP OF FROM THAT LEDGE (AND SIGN THIS) MY FRIEND”

Thu, 21 Mar 2013 16:34:00 EDT

Third Eye Blind guitarist not entitled to royalties after failing to sign partnership agreement

By Steven A. Werier

A recent lawsuit between two members of a 1990’s and early aughts alternative rock band whose debut album sold over 6 million copies in the U.S. should open the eyes of new artists to the importance of getting partnership agreements, and not just lyrics, written down on paper.

Former Third Eye Blind guitarist Anthony Fredianelli sued the band’s lead singer, Stephan Jenkins, arguing that, despite the absence of an executed partnership agreement between the two, Fredianelli was a full partner in the band and thus entitled to over $8 million in royalties and co-ownership of the band’s copyrights for chart-toppers including “Jumper,” “Never Let You Go” and “How’s It Going to Be”.

In defense, Jenkins submitted the argument [...]

Effie Film v. Murphy: Second Victory for Emma Thompson Film

Thu, 21 Mar 2013 15:34:00 EDT

Southern District of New York grants motion for judgment on the pleadings

By David Ashley and Simon Pulman

In February, we discussed Effie Film, LLC v. Pomerance, in which the Southern District of New York held that the Emma Thompson scripted film Effie did not infringe upon the copyrights in two screenplays by another writer on a similar historical subject. The upcoming film won another victory in the Southern District this week in Effie Film, LLC v. Murphy, as the court held that the Effie screenplay did not infringe upon playwright Gregory Murphy’s copyrights for a screenplay called The Countess. The court accordingly granted Effie Film’s motion for judgment on the pleadings.

The court’s judgment hinged upon its finding that the two works are not substantially similar. The court remarked that [...]

FTC Issues New Guideline Report for Online and Mobile Advertising Disclaimers

Wed, 13 Mar 2013 16:08:00 EDT

By Eleanor M. Lackman, Joshua B. Sessler & Simon Pulman

The Federal Trade Commission ("FTC") issued new guidelines this week for media outlets, advertisers, brands, celebrity brand spokespeople and other parties advertising products online. The report, titled “.com Disclosures: How to Make Effective Disclosures in Digital Advertising,” builds upon the FTC’s previous report on digital marketing practices, issued in 2000. In addition to emphatically clarifying that the FTC’s jurisdiction applies as much to the “wide spectrum of online activities” as it does to offline advertisements, the report provides useful guidance regarding the placement of effective limitations and qualifications on advertising claims and the “clear and conspicuous” standard that governs required disclosures.

FTC Jurisdiction Online

The FTC report [...]

Apple Inc. v. Superior Court of Los Angeles ex rel Krescent: California Struggles with the Digital Transition

Tue, 12 Mar 2013 08:57:00 EDT

Case Examines Applicability of Credit Card Act to Digital Transactions

By Simon Pulman

In Apple v. Superior Court of Los Angeles ex rel Krescent, the Supreme Court of California examined whether online transactions fall within the scope of a 1971 credit card act that prevents retailers in California from requesting personal identification information. An important milestone in what is likely to be an extended wave of decisions in this area, the case explores the tension between consumer privacy concerns against measures to combat online transaction fraud within the framework of outdated legislation.

Background

A California resident sued Apple on behalf of himself and similarly situated persons. He complains that when purchasing media using a credit card from Apple’s online store, he is required to provide personal identifying information, in violation [...]

Securing the Gates to Trademarks: It Doesn’t Take Supernatural Forces to Protect Your Names

Sun, 10 Mar 2013 17:00:00 EDT

Iowa Court Rejects Trademark Claim by Cable Access Producer

By Steven A. Werier and Simon Pulman

On January 23, 2013, the District Court for the Northern District of Iowa, in Scorpiniti v. Fox Television Studios, Inc., rejected a trademark infringement claim made by Louis Scorpiniti (“Scorpiniti”) against Fox Television Studios, Inc., (“FTVS”) finding that viewers would not be likely to confuse Scorpiniti’s religion-themed music program The Gate with FTVS’s nearly identically named supernatural crime drama The Gates. The ruling, which granted summary judgment to FTVS on the issue of trademark infringement, is instructive for those looking to secure and maintain trademarks in entertainment properties, especially those at the early stages of development. It may also deter future trademark lawsuits from small-scale online producers whose digital works are titled [...]

DC Comics v. Towle: Batmobile Case Outlines “Objects as Characters”

Fri, 08 Mar 2013 13:20:00 EST

Decision holds significant repercussions for licensed products, video games, 3D printing

By Matthew A. Kaplan & Simon Pulman

In DC Comics v. Towle, 2013 WL 541430, __ F. Supp. 2d __ (C.D. Cal. Feb. 7, 2013) (“Towle”), the U.S. District Court for the Central District of California found that a vendor of car kits and customization accessories modeled after the famous Batmobile vehicle from the Batman comics, TV shows and movies infringed on DC Comics’ copyrights and trademarks. The decision, which holds that the Batmobile vehicle is a protectable character much like its fictional owner, has significant repercussions for copyright law as well as for several nascent business sectors within the entertainment, digital media and manufacturing industries.

Background

DC Comics, publisher of various comic book titles featuring the Batman character, brought suit against [...]

Trademark Law Basics, Part 4: How Do I Choose a Trademark?

Mon, 04 Mar 2013 10:05:00 EST

This is part four of the CDAS Trademark Law Basics series. If you missed the previous installments, they are available at the following links: Part 1, Why Register a Trademark?, Part 2: Why Conduct a Trademark Search?, and Part 3: What to Expect During the Trademark Prosecution Process.

By Eleanor M. Lackman

A trademark can be a word, logo, slogan, or design; it can even be a color, shape, sound or smell. However, it must be a “source identifier.” Under United States law, the exclusive right to use a trademark or service mark is granted solely to identify the source of goods and services. The ability of a mark to identify source is known as distinctiveness. Marks that [...]

Inocente Wins Best Short Documentary at the 85th Academy Awards

Tue, 26 Feb 2013 09:14:00 EST

Partner Susan H. Bodine and everyone at CDAS warmly congratulates clients Sean Fine and Andrea Nix Fine of Fine Films on winning the Academy Award for Best Documentary Short Subject for their film Inocente.

The intensely personal story of an undocumented teenage girl in San Diego, and her dream of becoming an artist, Inocente is also the first crowd-funded film to win an Oscar. For more information about the film, and to learn more about the issues it discusses, please take a look at the film’s official website. You can also watch the film on iTunes.

Susan has represented Fine Films since their Award Winning film WAR/DANCE. For more information about these extraordinary filmmakers, please see their website: ...]

Trademark Law Basics, Part 3: What To Expect During The Trademark Prosecution Process

Mon, 25 Feb 2013 20:32:00 EST

This is part three of the CDAS Trademark Law Basics series. If you missed the previous installments, they are available at the following links: Part 1, Why Register a Trademark?, and Part 2: Why Conduct a Trademark Search?

By Eleanor M. Lackman

The process of trademark prosecution involves you and your trademark attorney filing an application with the United States Patent and Trademark Office (PTO) and, if necessary, responding to challenges. It also includes maintaining your trademark registration for years to come.

When to File

If you are already using your mark in connection with goods and services, we recommend filing a “use-based” application as soon as possible to protect your investment. If you are not already [...]

Amazon Defeats Apple’s False Advertising Claim in “App Store” Lawsuit

Thu, 21 Feb 2013 20:23:00 EST

Name of Amazon’s Digital Storefront Found Not to be False Advertising

By Nicholas Tardif

On January 2, 2013, the United States District Court for the Northern District of California rejected Apple, Inc.’s claim that Amazon.com, Inc.’s decision to name its marketplace for selling applications (“apps”) the “Amazon Appstore” was false advertising. The decision constituted a significant win for Amazon in its long-running dispute with Apple over Amazon’s right to use the term “app store.”

Since July 2008, Apple has been selling apps for its iOS-based mobile and tablet devices through its digital marketplace entitled the “APP STORE.” In January 2010, Apple learned that Amazon planned on using the word “Appstore” in the title of its own competing apps marketplace, which later sold apps for Google’s Android mobile devices and Amazon’s Kindle Fire tablet device. [...]

Trademark Law Basics, Part 2: Why Conduct A Trademark Search?

Mon, 18 Feb 2013 10:00:00 EST

This is part two of the CDAS Trademark Law Basics series. If you missed the previous installment, it is available here: Part 1, Why Register a Trademark?,

By Eleanor M. Lackman

Many small businesses apply to register without advice from an attorney. This is perfectly legal, but can be more costly than you think: the fees and costs associated with filing a PTO application can be wasted if your application is denied, opposed, or later challenged in court because of easily avoidable mistakes. With a little time and money up front, you can get off on the right foot. Before you decide to file, a trademark attorney reviewing a trademark search can assess whether your preferred mark appears likely [...]

Trademark Law Basics, Part 1: Why Register a Trademark?

Mon, 11 Feb 2013 06:27:00 EST

By Eleanor M. Lackman

Welcome to the first part of the CDAS “Trademark Law Basics” series. Over the next month, CDAS attorneys will be explaining the legal and practical basics of trademarks on our IP, Media and Entertainment Law blog. We will also curate the entire series on the CDAS Trademark and Brands Practice Group page.

Just like your own name and face defines your personal identity, your trademark is your company’s identity. Trademarks are protected by U.S. federal law because they help consumers to recognize your products and services, and because they help business owners large and small to benefit from the customer goodwill they have worked hard to create.

The costs of registering a trademark with the United States [...]

CDAS Big Data & Privacy Bulletin 2/10/13

Sun, 10 Feb 2013 11:41:00 EST

Compiled by Simon Pulman

CDAS’s Digital Media Practice Group would like to share some key developments, articles and issues in the world of big data, targeted advertising and privacy law that we’ve been monitoring over the past couple of weeks:

F.T.C. Suggests Privacy Guidelines for Mobile Apps

The Federal Trade Commission has issued a non-binding staff report recommending ways to improve mobile privacy disclosures. The report, subtitled “Building Trust Through Transparency,” is designed to help address the “unique privacy challenges” presented by the rapid growth of the smartphone, mobile data, and app markets. The F.T.C. divides these challenges into three broad categories:

Unprecedented amounts of data collection, which may be shared with third parties.

The sprawling landscape in which [...]

Jose Padilha to Produce and Direct Narcos for Netflix

Thu, 07 Feb 2013 14:12:00 EST

Susan H. Bodine’s client José Padilha will produce and direct Narcos, a new miniseries for Netflix. Based on Mr. Padilha’s original idea, Narcos will chronicle the life and death of Colombia drug lord Pablo Escobar. French production company Gaumont International Television will finance the production.

In the wake of significant interest and strong opening numbers for Netflix’s first original series House of Cards, everyone at CDAS is thrilled about Mr. Padilha’s Netflix deal. We look forward to a potential 2014 debut for Narcos, in addition to Mr. Padilha’s next film, Robocop, which is scheduled for release on February 7, 2014 by MGM and Columbia Pictures

For more information on Narcos, please see the articles on Deadline Hollywood and Indiewire.

The Match Factory Acquires Omar

Thu, 07 Feb 2013 13:56:00 EST

CDAS is delighted to announce that Hany Abu-Assad’s new film Omar, currently in post-production, has been acquired by The Match Factory for foreign sales. CDAS partner Susan H. Bodine represents Mr. Abu-Assad, who won the 2006 Golden Globe for Best Foreign Language Film for Paradise Now.

Sue and fellow CDAS partner Joshua B. Sessler also represent Omar’s financing producer, ZBros. Shot in the West Bank and Nazareth, Omar is the first feature financed entirely by Palestinian investors with the support of the Enjaaz Film Initiative, the Dubai Film Festival’s post-production support program.

For more information, see the Variety article here.

U.S. Supreme Court Says “Enough Already”

Thu, 07 Feb 2013 07:00:00 EST

High Court tosses competitor’s trademark invalidity challenge where trademark owner had covenanted not to sue

By Nancy E. Wolff

In a rare decision involving trademark matters, the U.S. Supreme Court issued a decision in Already, LLC v. Nike Inc., a ruling that will likely impact disputes both inside and outside the trademark arena. The holding, which found that a defendant no longer had standing to cancel a trademark registration that the owner had asserted against the defendant, approves of a strategy where a plaintiff can eliminate standing in a case on behalf of both parties. The Court’s holding will likely affect litigation strategy in matters of enforcement, although the Court’s opinion contains some cautionary advice about using covenants not to sue.

Case History:

The original controversy arose when Nike filed suit against Already (d/b/a [...]

CDAS Files Amicus Brief in Cambridge University Press v. Becker

Wed, 06 Feb 2013 14:17:00 EST

CDAS attorneys Mary E. Rasenberger, Nancy E. Wolff, Eleanor M. Lackman and Nicholas J. Tardif filed an Amicus Curiae brief on behalf of the Text and Academic Authors Association and The Authors Guild in Cambridge University Press v. Becker. The brief supports the position of Plaintiffs/Appellants Cambridge University Press, Oxford University Press, Inc., and Sage Publications, Inc. in arguing that the U.S. District Court for the Northern District of Georgia erred in holding that the fair use defense allows Georgia State University instructors to copy and distribute to students via online course reading systems substantial, nontransformative excerpts from Appellants’ books without a license. Amici argue that such a ruling threatens to supplant Appellants’ and [...]

Dancing Baby Case Update: Still Going Crazy

Wed, 06 Feb 2013 07:55:00 EST

Lenz v. Universal Music Corp. may now head to trial

By Jeffrey Lawhorn

Can Universal be held liable for damages for making a misrepresentation in a Digital Millennium Copyright Act (“DMCA”) takedown notice to YouTube? That’s the question that is now cleared for trial in the long-running California case Lenz v. Universal Music Corporation, a/k/a the “baby dancing case,” now in its sixth year.

The Background

The facts of this case are relatively straightforward. In February 2007, a mother, plaintiff Stephanie Lenz, recorded her toddler dancing to Prince’s song “Let’s Go Crazy” in the family kitchen and uploaded a 29 second clip to YouTube under the title “Let’s Go Crazy #1”. Then, in June 2007, an employee of Universal (administrator of Prince’s copyrights) determined that a DMCA takedown notice [...]

Court Green Lights Emma Thompson’s “Effie”

Mon, 04 Feb 2013 07:47:00 EST

Upcoming Film Not Infinging Of Screenplay Based On Same Historical Events

By David E. Ashley and Simon Pulman

In Effie Film, LLC v. Eve Pomerance (11-CIV-7087 (JPO)), the court granted Effie Film, LLC’s motion on the pleadings and found that its upcoming film did not infringe upon the copyrights in two screenplays by Eve Pomerance on a similar historical subject. In addition to paving the way for the Emma Thompson-written film Effie to be released this year, the decision provides a test for determining whether two historically-based works of fiction are substantially similar under the law, offering guidance to screenwriters and producers wishing to explore real events and people within the framework of narrative fiction without risking a copyright infringement claim.

Background:

Emma Thompson wrote the screenplay to Effie, [...]

When Is Art Transformative Fair Use? It's As Easy as "Red" and "White"

Sun, 03 Feb 2013 15:00:00 EST

District Court for the Central District of California examines artist's uses of Sex Pistols photograph

By Nancy E. Wolff

The U.S. District Court for the Central District of California granted in part and denied in part a photographer’s Motion for Summary Judgment in Morris v. Young, a case that explored the requirements for establishing an issue of triable fact regarding fair use (and particularly transformative use) of photographs.

Background

Dennis Morris, is a photographer and artist who published two books about the Sex Pistols, originally in the United Kingdom. Both books contain original photographs of the band on tour, taken by Morris, including a photo depicting Sid Vicious and Johnny Rotten on stage. Morris also distributed the photo through his agent camerapress.com and obtained a U.S. copyright registration for the two books in 2011.

Russell Young is [...]

Joshua B. Sessler Quoted in Mashable – Lessons From 4 Killer UGC Campaigns

Thu, 31 Jan 2013 11:36:00 EST

CDAS Partner Joshua B. Sessler was recently quoted by Mashable regarding legal considerations when running a contest, sweepstakes or marketing campaign that incorporates user-generated content. You can read the piece entitled “Lessons From 4 Killer UGC Campaigns” by Mashable’s Lauren Drell here.

For more information regarding legal issues surrounding user-generated content and online contests, please see the CDAS Digital Media/Technology Industry Sector page.

CDAS Client Katherine Applegate Wins Newbery Medal for Outstanding Children’s Book

Wed, 30 Jan 2013 08:48:00 EST

Our whole firm joins CDAS partner J. Stephen Sheppard in congratulating our client Katherine Applegate on winning the Newbery Medal for her novel “The One and Only Ivan," published by Katherine Tegen Books, an imprint of HarperCollins Children’s Books. Regarded as one of the most prestigious awards in publishing, the Newbery Medal is awarded annually to the most outstanding children’s book published in the preceding year.

You can read more about Katherine and “The One and Only Ivan” in this article from Publisher’s Weekly. We look forward to Katherine’s next book and her continued success.

ABC Pilot Pickup for “Killer Women” from Clients Sofia Vergara, Luis Balaguer and LatinWE

Mon, 28 Jan 2013 14:08:00 EST

Partner Frederick P. Bimbler and everyone at CDAS congratulate Sofia Vergara, Luis Balaguer and Latin World Entertainment on their ABC pilot order for Killer Women. Based on the Argentine hit series, “Mujeres Asesinas,” Killer Women will focus on Molly Parker, a tough and beautiful woman who also happens to be the only female Texas Ranger. Clients Sofia Vergara and Latin World Entertainment partner Luis Balaguer will executive produce alongside their producing partner Ben Silverman/Electus and Hannah Shakespeare and Martin Campbell. Latin WE is the exclusive licensing agent for the format in the United States.

If ABC elects to order Killer Women to series, the show could debut as soon as Fall 2013.

Facebook Introduces Graph Search, Privacy Challenges Possible

Fri, 18 Jan 2013 09:59:00 EST

By Simon Pulman

Facebook recently unveiled “Graph Search,” an innovation designed to help users find and connect their friends by their interests, shared history, and past activity on the social networking platform. The new feature, which will begin beta testing soon, greatly expands the search capabilities of the Facebook platform in a move some commentators speculate may help it compete with Google in the search business area. The Wall Street Journal has a rundown of Graph Search’s functionality here.

Graph Search will allow users to make searches using natural language. For instance, a user planning an evening out could search “Lawyers who live in New York and like sushi and Star Wars” to find appropriate friends to invite. To [...]

CDAS at Sundance 2013

Wed, 16 Jan 2013 10:02:00 EST

CDAS returns to the Sundance Film Festival -- (Thursday, January 17 – Sunday, January 27) -- once again representing a number of exciting clients and projects. Partners Marc H. Simon and Andrea F. Cannistraci will be in Park City and though partner Susan H. Bodine will not attend, she is also representing a few films in competition.

“Life According to Sam” makes its world premiere at Sundance, a documentary feature about one family’s fight to save their son from a rare and fatal disease, progeria, in which the average age of death is 13, and there is no treatment and no cure. But Dr. Leslie Gordon and Dr. Scott Berns are struggling to change this – and [...]

What 2013 May Ring In For New Copyright Legislation

Wed, 09 Jan 2013 18:51:00 EST

By Nancy E. Wolff

2012 was a quiet year for any new copyright legislation that could affect those engaged in the creation, production and distribution of entertainment media. With the elections behind us, this could change in 2013. The Copyright Office has indicated that it is interested in tackling several issues that were identified as office priorities in a two-year plan under the new Register of Copyrights, Maria A. Pallante, filed in October 2011. As Co-Chair of the American Bar Association Committee on Copyright Legislation, I have been following these and other legislative issues and will continue to provide updates throughout the year.

One is a legacy issue from former Register Marybeth Peters concerning copyright exceptions for libraries. In 2008, the [...]

Nancy E. Wolff Moderates “What Libraries Can Do Under Copyright” Panel, Part of CSUSA 2013 Mid-Winter Meeting

Wed, 09 Jan 2013 08:56:00 EST

CDAS partner Nancy E. Wolff will moderate the panel “What Libraries Can Do Under Copyright,” part of the Copyright Society of the U.S.A.’s 2013 Mid-Winter Meeting, on Friday, February 15, 2013, from 9:00am – 10:30am. (The full CSUSA 2013 Mid-Winter meeting will take place from Thursday, February 14 through Saturday, February 16, 2013, at the Omni Austin Downtown Hotel in Austin, Texas).

The panel will discuss Section 108 of the Copyright Act (which allows libraries to reproduce and distribute copyrighted works under certain specific conditions) and the Copyright Office’s plans to reform it. The panel will also address fair use under U.S. law and fair dealing under Canadian law, and recent cases involving fair use of educational materials by [...]

Eleanor M. Lackman Moderates Panel “Look Before You Tweet (or Post, or Pin)” Tues 1/22/13

Wed, 09 Jan 2013 05:56:00 EST

CDAS partner Eleanor M. Lackman will moderate the Copyright Society of the U.S.A. New York Chapter panel “Look Before You Tweet (or Post, or Pin): Copyright Enforcement (or not) in Social Media” on Tuesday, January 22, 2013, from 12:30 p.m. – 2:00 p.m. Please click here to register (CLE credit is available).

This panel will examine the copyright issues cropping up around social media sites like Pinterest, Instagram, Facebook, YouTube and Twitter, including implications for the posting of copyrighted material on social media, whether it makes business sense to take action, creation of policies and navigating terms of service, licensing issues and other specific legal and business issues involving copyright in the social media sphere.

Panelists will include: Heidi Garfield, [...]

Small Screen, Bigger Picture

Mon, 07 Jan 2013 16:09:00 EST

California Federal Judge Issues Circuit-Wide Injunction Against Broadcast Television Retransmitter; Rejects Aereokiller’s Reliance on Second Circuit Cablevision and Aereo Cases

By Eleanor M. Lackman

On December 27, 2012, the U.S. District Court for the Central District of California issued a preliminary injunction against Aereokiller (formerly known as BarryDriller.com), a service founded by Alki David, someone not unfamiliar with television transmission and the law. Previously, in conjunction with rulings involving a similar technology at issue in WPIX v. ivi in New York, David’s prior television-over-the-Internet service known as FilmOn had been enjoined for making unauthorized public performances in violation of television networks’ copyright rights under Section 106(4) of the Copyright Act. This time around, David’s Aereokiller service was set up to create unique copies of broadcast television streams, one per user, so that the transmission of those streams would be a [...]

Golden Globe and SAG Award Noms for Client Sofia Vergara

Thu, 13 Dec 2012 11:44:00 EST

CDAS partner Frederick P. Bimbler and all of us congratulate client Sofia Vergara on her Golden Globe nomination today for “Best Performance by an Actress in a Supporting Role in a Series, Mini-Series or Motion Picture Made for Television” for her role as Gloria Delgado-Pritchett on the hit comedy series Modern Family. The nomination comes a day after her Screen Actors Guild nomination for “Outstanding Female Actor in a Comedy Series”. This marks her third consecutive year nominated individually for each of these awards.

The ensemble she is a part of on Modern Family was nominated for the fourth year in a row (with two wins, 2011, 2012) for a SAG Award for “Outstanding Performance [...]

The Role of DOJ’s Appellate Staffs in the Supreme Court and in the courts of appeals

Wed, 12 Dec 2012 09:34:00 EST

By Al J. Daniel, Jr.

CDAS partner Al J. Daniel, Jr. served on the Appellate Staff, Civil Division, United States Department of Justice in Washington, D.C. for a decade before moving to New York City. His litigation practice since then continues to include appellate work in courts of appeals and the Supreme Court. In his new article on SCOTUSblog, Mr. Daniel examines the role of DOJ's Appellate Staffs in the federal government's litigation in courts of appeals and in assisting the Solicitor General's Office in Supreme Court litigation, including preparation of petitions for certiorari and merits and amicus briefs. Please click here to read Mr. Daniel’s article on SCOTUSblog.

Court Finds That Use Of Registered Trademark to Identify Public Domain Cartoon Character is Not Infringement

Mon, 10 Dec 2012 13:09:00 EST

Holding Could Have Impact on Trademark Enforcement of Famous Character Names and Logos

By Eleanor M. Lackman

In the latest phase of a long litigation, the U.S. District Court for the Central District of California, following a remand from an amended Ninth Circuit opinion, held that a company that claimed to have acquired the intellectual property rights in the cartoon character “Betty Boop” could not maintain a claim for trademark infringement against a manufacturer of merchandise that includes or incorporates elements from vintage Betty Boop movie posters. In Fleischer Studios Inc. v. A.V.E.L.A. Inc., the defendant had argued that because the posters were in the public domain, using the trademark BETTY BOOP to describe the content of the posters was not a trademark use, but rather a use that was [...]

Grammy Nom for Client Rebecca Pidgeon’s Album “Slingshot”

Thu, 06 Dec 2012 10:02:00 EST

Congratulations to client Rebecca Pidgeon on the Grammy nomination for her album “Slingsho t” for Best Engineered Album, Non-Classical, (Helik Hadar, engineer; Bernie Grundman, mastering engineer). Ms. Pidgeon, the acclaimed singer-songwriter and actress, also co-wrote nearly all its songs, composing primarily with longtime collaborator, Grammy-winning producer Larry Klein and one song, a country waltz entitled "Baby Please Come Home Again,” with her husband, Pulitzer prize-winning playwright/film director David Mamet. “Slingshot is direct, searingly honest, and filled with melodies and arrangements that move effortlessly between jazzy folk, pop, Americana, and even rock,” (All Music)… “a stunning gathering of tunes,” (Chicago Tribune). The 55^th Grammy Awards ceremony will air live Sunday, February 10, 2013 at [...]

Client Broadcastr Launches “Next Evolution” App – SPUN

Wed, 28 Nov 2012 15:59:00 EST

Today CDAS client Broadcastr launched what co-founder and President Scott Lindenbaum calls its “next evolution” -- the geo-targeted personalized media app SPUN. “The team sounds pretty proud of its design, and deservedly so,” wrote TechCrunch in its review today.

Last year Broadcastr made headlines for its own location-based app (still available) allowing users to create audio and pin it to real world locations. The team's newest app, SPUN, curates content from hundreds of media sources and provides a “best of” -- Top Stories, Arts & Entertainment, Lifestyle and Food & Drink -- targeted to your exact location, letting you browse each of these categories with a user-friendly rotating prism interface. This free app combines editors with aggregators and [...]

Newsletter

Mon, 19 Nov 2012 15:44:00 EST

Jan 2013

Mon, 19 Nov 2012 15:43:00 EST

April 2013 testing

Mon, 19 Nov 2012 15:43:00 EST

April 2013

Mon, 19 Nov 2012 15:43:00 EST

Eleanor M. Lackman Joins “IP Licensing Issues” Panel at PLI

Wed, 14 Nov 2012 19:08:00 EST

Eleanor M. Lackman joins the “IP Licensing Issues” panel, part of Practising Law Institute’s IP Issues in Business Transactions 2013 program. The program runs for two full days, Thursday, January 3 and Friday, January 4, 2013, beginning at 9:00am, in New York City. Ms. Lackman’s panel, “IP Licensing Issues,” is on Thursday, January 3 at 2:15pm.

This panel features experts in copyright, trademark and patent law and will address intellectual property considerations including: what IP is necessary to achieve business goals, protecting against negative scenarios, grant back provisions, cross licenses, first sale issues, sublicensing and assignability, and issues raised by e-commerce and social media.

Ms. Lackman focuses on litigation and counseling in copyright, trademark, digital media and entertainment, with [...]

Steven A. Werier Moderates “Sports & Entertainment Law Primer,” University of Toronto Faculty of Law

Wed, 14 Nov 2012 18:49:00 EST

Steven A. Werier will speak and moderate at the “Sports & Entertainment Law Primer” at the University of Toronto Faculty of Law, on Monday, November 19. This panel for law students will feature lawyers and agents from the sports and entertainment industries and will cover a variety of issues faced by practitioners in the field in both the U.S. and Canada.

Mr. Werier practices in the areas of transactional corporate, sports and entertainment, and media law. He has worked with clients including leading television and radio personalities, musicians, authors, professional sports leagues and teams as well as a variety of startups, digital media companies and mobile app developers. Mr. Werier is a graduate of the Faculty of Law, University [...]

Eleanor M. Lackman Joins 2012 Copyright & Technology Conference Panel

Tue, 13 Nov 2012 07:53:00 EST

Eleanor M. Lackman joins the panel “TV or Not TV: Legal Challenges for Internet Video Services,” part of the day-long 2012 Copyright and Technology Conference – the conference examines the latest developments in copyright and content security - on Wednesday, December 5, 2012 at the Manhattan Penthouse, 80 Fifth Avenue, New York, NY. "TV or not TV" is the third of three panels and runs from 3:30pm to 4:45pm.

New video services and devices are blurring the lines between broadcast, cable, satellite, and Internet video. Broadcasters and managed service operators have had certain rights enshrined in copyright law, but new services are emerging that test the boundaries of those laws. Cablevision expanded the definition of DVR, while Aero hopes to expand the definition [...]

Nov 2012

Sun, 11 Nov 2012 21:56:00 EST

Kenneth N. Swezey Co-moderates “E-Books: The Sequel – Rights, Wrongs and Realities” at 2012 NYSBA EASL Fall Meeting

Thu, 08 Nov 2012 18:59:00 EST

Kenneth N. Swezey will co-moderate the panel “E-Books: The Sequel – Rights, Wrongs and Realities” as part of the New York State Bar Association, Entertainment, Arts & Sports Law section’s 2012 Fall Meeting, on Thursday, November 15, 2012 in New York City. The full meeting runs from 3:30pm to 6:45pm, followed by its reception at The Cornell Club on 6 East 44^th Street. (“E-Books: The Sequel” is Panel 2 which begins at 5:15 PM till 6:45 PM).

This panel of experts – which includes a founder of a leading independent e-publisher, and counsel for a publisher in United States v. Apple -- will discuss how to prepare for this newest legal chapter of the e-book [...]

CDAS at DOC NYC 2012!

Wed, 07 Nov 2012 13:07:00 EST

CDAS returns to the DOC NYC Film Festival, (Thursday, November 8 through Thursday, November 15 at the IFC Center, and also at the SVA Theatre, please click links below for venue), once again representing a number of clients and their acclaimed films. CDAS is proud to co-sponsor this exciting festival again as it returns for its third year.

This year our attorneys will also be joining two panels, both held Wednesday, November 14 at the IFC Center, 323 Sixth Avenue, NYC:

The panel Protect Your Rights: Crowdfunding 2.0 at 2:00pm features CDAS partner Susan H. Bodine. Crowdfunding platforms like Kickstarter, Indiegogo, and RocketHub have been popular in recent years, connecting filmmakers with individuals willing to donate to projects for honorary credits [...]

"A Late Quartet" – “Bravo”

Mon, 05 Nov 2012 22:02:00 EST

With a powerhouse cast led by Christopher Walken, Philip Seymour Hoffman and Catherine Keener, A Late Quartet, is now in theaters after its successful premiere at the Toronto International Film Festival earlier this fall.

This chamber drama, (a N.Y Times Critic's Pick), pulls back the curtain for a look into the private backstage world of an illustrious string quartet on the verge of celebrating its 25^th season. But the celebration in Quartet soon turns into a flashpoint for ambition and jealousy and tests the deep affection and bond they share.

“Bravo,” applauds the San Francisco Chronicle; “a shining gem of a movie,” writes Peter Travers in Rolling Stone, “It’s paradise to watch this quartet of actors.”… “a master class in the craft of [...]

"The Heiress" has Broadway "in the Palm of its Hand"

Mon, 05 Nov 2012 07:11:00 EST

The Heiress, the Broadway revival of love and betrayal based on the classic Henry James novel, Washington Square, is a "crisp, first-rate production" writes Entertainment Weekly after its opening last week at the Walter Kerr Theatre.  It has been 17 years since this Tony Award winning play last appeared on Broadway.

Jessica Chastain (Zero Dark Thirty) portrays Catherine Sloper, the awkward and painfully shy heiress. Ms. Chastain rose to stardom after her breakthrough, award-winning role in (CDAS client film) The Tree of Life, (N.Y., L.A., Chicago and National Film Critics' Award for Best Supporting Actress). She has been nominated for an Academy Award, Golden Globe, BAFTA and SAG Award for her performance in The Help, and was nominated for an Academy Award, BAFTA and SAG Award, and won the Golden Globe Award, for her role in Zero Dark Thirty.

The [...]

CDAS at AFM (The American Film Market)

Wed, 31 Oct 2012 14:37:00 EDT

Susan H. Bodine, Marc H. Simon and Janis C. Nelson are in attendance at the American Film Market in Santa Monica, California, which runs from Wednesday, October 31 through Wednesday, November 7. Over 8000 industry leaders from over 70 countries converge for eight days of deal-making, screenings of over 400 films, seminars and networking. Ms. Nelson represents her clients' film Beast of Bataan, (based on the war crimes trials after the Bataan Death March during World War II) starring Hayden Christiansen, and Andrea F. Cannistraci's clients' Europa is also featured at AFM, (a science fiction film that follows a crew of international astronauts sent on a private mission to Jupiter’s fourth moon).

Zappos’ Focus on Fashion, and Not on Terms of Use, Leads to Contractual Faux Pas

Mon, 22 Oct 2012 16:43:00 EDT

By Steven A. Werier

A recent case brought against the online retailer Zappos demonstrates the importance of thought-out drafting when constructing website policies. While it may be tempting to leave terms of use as an inconspicuous hyperlink rather than put them right up front, the consequences can be that those terms are not enforceable at all.

In January 2012, Zappos suffered a major customer data security breach at the hands of hackers, which led to a number of class action lawsuits on behalf of customers. Zappos attempted to have these proceedings kicked out of federal court on the ground that Zappos’ website terms of use contained a provision requiring all disputes related to customers’ use of the website to be brought [...]

“Born to Rock” Trademark Lawsuit Plays On Against Cafepress.com

Mon, 22 Oct 2012 13:17:00 EDT

By Jeffrey Lawhorn

The popular online marketplace cafepress.com (“CafePress”) is known for allowing users to upload graphic designs to its website, which then allows users to choose that design or others and have CafePress print it on a wide array of merchandise, including t-shirts, mugs, stickers, buttons, iPhone cases and Halloween accessories. The case discussed here looks at what happens when the graphic design chosen happens to be someone else’s intellectual property.

In November 2010, Born to Rock Design Incorporated (“BTR”) sued CafePress in the United States District Court for the Southern District of New York claiming that “Born to Rock” merchandise sold on CafePress’ website infringed its BORN TO ROCK trademark. BTR asserted the trademark BORN TO ROCK with respect [...]

Einstein Publicity Rights Deemed Expired By California Federal Court

Wed, 17 Oct 2012 15:36:00 EDT

By Nancy E. Wolff and Nicholas Tardif

On October 15, 2012, a California federal judge dismissed Hebrew University of Jerusalem’s (“Hebrew University”) lawsuit against General Motors LLC (“GM”) over the use of Albert Einstein’s image as part of a GM advertisement, holding that Einstein’s publicity rights have expired and now fall in the public domain. Hebrew University of Jerusalem v. General Motors LLC, 10-cv-3790 (C.D. Cal.). United States District Judge A. Howard Matz rejected Hebrew University’s claim that New Jersey common law provides for an indefinite duration of the postmortem right of publicity, or that it alternatively is coextensive with copyright law and lasts for a minimum of 70 years after a person’s death. Instead, the Court ruled that [...]

Sweetener Manufacturer Looks to Burst Wrigley’s Bubble

Tue, 16 Oct 2012 20:08:00 EDT

Illinois District Court Continues Motion for Preliminary Injunction, Orders Hearing in Trademark Case

By Joshua S. Wolkoff

On September 28, 2012, the U.S. District Court for the Northern District of Illinois found that even though there was a “better than negligible chance of prevailing” on its claim that gum manufacturer Wm. Wrigley Jr. Company infringed a sweetener manufacturer’s trademark by using the name “Swerve” for a flavor of its popular sugar-free chewing gum, “5,” a hearing was necessary to determine Wrigley’s potential damages from a sales injunction. Wm. Wrigley Jr. Company v. Swerve IP, LLC, No. 11-9274 (N.D. Ill. 2012).

Despite the finding on likely success on the merits, and finding that Wrigley did not rebut the presumption of irreparable harm that both parties agreed applied, U.S. District Judge Harry D. Leinenweber found that [...]

Marc H. Simon Honored for his Work for The Innocence Project

Sun, 14 Oct 2012 01:50:00 EDT

CDAS partner Marc H. Simon will be honored and awarded for his work and support on behalf of The Innocence Project at its Young Professionals Committee benefit at the Bowery Hotel, on Thursday, October 25. The Innocence Project -- a non-profit legal clinic affiliated with the Cardozo School of Law -- is a national litigation and public policy organization dedicated to exonerating the wrongfully convicted through DNA testing and reforming the criminal justice system to prevent future injustice. Mr. Simon’s film After Innocence, which he conceived, wrote and produced, has made an indelible impact on the innocence movement and Marc has continued to champion the rights of the exonerated long after his film’s release. ...]

Mary E. Rasenberger: Copyright Exceptions for Libraries in the Digital Age

Sun, 14 Oct 2012 01:10:00 EDT

On Friday, November 2, CDAS partner Mary E. Rasenberger will speak at the symposium Copyright Exceptions for Libraries in the Digital Age: Section 108 Reform, at the Jerome L. Greene Hall, at Columbia Law School. Presented in cooperation with the U.S. Copyright Office, the symposium will address Section 108 of the U.S. Copyright Act and mass digitalization by libraries. What explicit exceptions should libraries have? How should Section 108 be revised? To what extent should libraries be able to engage in mass digitalization of published, in-copyright works in their collections? How and to whom may digitized materials be made available? How does Section 108, fair use, and licensing piece together?

In Ms. Rasenberger’s session, The Legal Landscape, she [...]

Ivanov

Sat, 13 Oct 2012 12:39:00 EDT

Austin Pendleton, director of acclaimed productions of Uncle Vanya and Three Sisters at the Classic Stage Company, now tackles Anton Chekov’s masterpiece, Ivanov. Ethan Hawke stars as Nikolai Ivanov, Chekov’s first dramatic anti-hero, the financially troubled provincial landowner married to a woman who renounced her family to be with him and now finds herself renounced by him. Ivanov opens Wednesday, October 17 at the Classic Stage Company Theatre.

CDAS partner Timothy J. DeBaets represents Mr. Pendleton, who later this year will direct a showcase revival of Look Homeward Angel.

David Mamet’s Glengarry Glen Ross Starring Al Pacino Opens Saturday, December 8

Sat, 13 Oct 2012 12:06:00 EDT

David Mamet’s Glengarry Glenn Ross, starring Al Pacino, begins previews Friday, October 19 and opens Saturday, December 8. The Pulitzer Prize and Tony-winning play follows the lives of four desperate Chicago real estate agents over two days as they descend from lies and threats to bribery and burglary in an increasingly frantic push to sell undesirable real estate to unwitting prospects. Al Pacino was nominated both for an Oscar and a Golden Globe for his turn as Ricky Roma, the hotshot “top closer” in the office, in the 1992 film adaptation.

Mr. Pacino returns to this 2012 production, now in the role of the Shelley “The Machine” Levene, the older, once-successful salesman now in a long-running slump. Worried for his sick [...]

Google Settles Book Scanning Lawsuit With Publisher Group

Fri, 12 Oct 2012 11:40:00 EDT

By Mary E. Rasenberger and Nicholas Tardif

        On October 4, 2012, Google reached a settlement in the Google Books case with the publisher plaintiffs, which include The McGraw-Hill Companies, Inc., Pearson Education, Inc., Penguin Group (USA) Inc., John Wiley & Sons, Inc., and Simon & Schuster, Inc. The Association of American Publishers (AAP) represented the publishers in the settlement, resolving its seven-year copyright dispute over Google’s controversial book digitization project in The McGraw-Hill Cos. Inc, et al. v. Google Inc., 05-cv-08881 (S.D.N.Y.).   In 2004, Google launched the Google Books Project and commenced scanning thousands of books from major public and academic libraries pursuant to agreements with the libraries. Through its Google Books service, Google makes the scanned books searchable [...]

Nancy E. Wolff – “What You Need to Know About Copyright”

Tue, 09 Oct 2012 10:03:00 EDT

CDAS partner Nancy E. Wolff joins the panel “What You Need to Know About Copyright, Licensing and Image/Footage Usage Trends” presented by Visual Connections, Wednesday, October 24, 10am, at The Altman Building, 135 West 18 Street, New York City. The panel will discuss a variety of copyright issues including fair use, orphan works, royalty free, managed rights, and copyright concerns in innovative uses of imagery. Please click here for more information and to register.

Nancy E. Wolff – “Web 2.0 Legal Issues”

Tue, 09 Oct 2012 09:51:00 EDT

Nancy E. Wolff will speak at PACA’s (Picture Archive Council of America) 17^th International Conference in Chicago, October 19-21, 2012.

On Sunday, October 21, at 1:30pm, Ms. Wolff presents “Web 2.0 Legal Issues”. Here she will address matters such as use of images on social media sites, smartphone model release apps, favorable language for contracts re: content metadata information, updates on general issues such as orphan works, copyright registration and copyright small claims court. Please click here for more information and to register.

Matthew A. Kaplan Speaks at the Human Resources Association of New York’s 2012 Legislative & Legal Conference

Mon, 08 Oct 2012 14:08:00 EDT

CDAS partner Matthew A. Kaplan will be speaking at the Legislative & Legal Conference: What You Must Know, presented by the Human Resources Association of New York, on Tuesday, October 16, 2012 in New York City. The conference will address the federal, state, local legislative and legal developments relevant to the HR practitioner. In his session – HR’s Role in the Protection of Proprietary Business Information – Mr. Kaplan will discuss how businesses can address the risk of employee theft of confidential and proprietary business information and/or trade secrets given the evolution of technology and the increased pace and volume of electronic information transmission. Mr. Kaplan will discuss how statutes such as the Computer Fraud and [...]

Nancy E. Wolff – “The New Copyright Economy”

Mon, 08 Oct 2012 06:58:00 EDT

CDAS partner Nancy E. Wolff will join the panel “The New Copyright Economy” presented by the American Society of Picture Professionals (ASPP) at the Scandinavia House in New York City, on Tuesday, October 23, 9am to 1pm. Copyright and publishing are in flux and changes in content creation, licensing and distribution are a threat to the industry as it currently exists. Without understanding these changes, and various proposals before lawmakers, one can quickly get left behind. CDAS is proud to co-sponsor this important and timely panel discussion. (Please click here for more information and to register).

Ms. Wolff is a frequent speaker throughout the United States and Europe on issues relating to copyright, digital media, and licensing [...]

Mary E. Rasenberger & Eleanor M. Lackman Interview Shira Perlmutter

Sun, 07 Oct 2012 21:59:00 EDT

In the current issue of the ABA IP section’s magazine Landslide, CDAS partners Eleanor M. Lackman and Mary E. Rasenberger interview Shira Perlmutter, the Administrator for Policy and External Affairs at the United States Patent and Trademark Office. In the interview, Ms. Perlmutter discusses her background, responsibilities, areas of focus in her new position, key programs such as the Global Intellectual Property Academy, and issues and policy the USPTO is both guiding and adapting to (such as IP global trade policy, agreements such as The America Invents Act, the Beijing Treaty, and others). Ms. Perlmutter speaks to her goals over the next few years as USPTO keeps pace with new technology, the evolution of [...]

Documentary Filmmaker Successfully Argues Fair Use in Central District of California

Sun, 07 Oct 2012 21:49:00 EDT

By Nancy E. Wolff

A federal court recently ruled that an unauthorized use of film clips in a documentary film satisfied the requirements of the fair use exception under the Copyright Act. In National Center For Jewish Film v. Riverside Films, LLC (C.D. Cal. Sept. 14, 2012), the defendants made a documentary film entitled Sholem Aleichem: Laughing in the Darkness about the 19th century Yiddish author Sholem Aleichem which examined the past 150 years of Jewish history. The National Center for Jewish Film (NCJF) sued the filmmaker for copyright infringement and claimed that the filmmaker used clips in the documentary from four of its copyrighted films without permission. The total amount of footage from the four films used in [...]

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Mary E. Rasenberger & Eleanor M. Lackman Interview Shira Perlmutter

Fri, 05 Oct 2012 23:15:00 EDT

In the current issue of the ABA IP section’s magazine Landslide, CDAS partners Eleanor M. Lackman and Mary E. Rasenberger interview Shira Perlmutter, the Administrator for Policy and External Affairs at the United States Patent and Trademark Office. In the interview, Ms. Perlmutter discusses her background, responsibilities, areas of focus in her new position, key programs such as the Global Intellectual Property Academy, and issues and policy the USPTO is both guiding and adapting to (such as IP global trade policy, agreements such as The America Invents Act, the Beijing Treaty, and others). Ms. Perlmutter speaks to her goals over the next few years as USPTO keeps pace with new technology, the evolution of [...]

Sofia Vergara & Latin WE

Fri, 05 Oct 2012 23:01:00 EDT

International film/television star and CDAS client Sofia Vergara is featured on the cover of Poder 360 in The Brains Behind Latin WE. Recognized worldwide as "Gloria" from the multi-Emmy winning Modern Family, comparatively few know Ms. Vergara is the creator of a multi-million dollar media empire through Latin World Entertainment, the company she co-founded with Luis Balaguer in 1998. Latin WE transformed marketing for its demographic, and now has its sights set on a revolution in social media. Click here to read the full article online. Frederick P. Bimbler represents Ms. Vergara and Latin WE.

The Dog that Stole Copyright

Mon, 01 Oct 2012 21:06:00 EDT

Missouri District Court Awards Summary Judgment to Disney on Copyright Infringement Claim

By Zehra J. Abdi

On September 20, 2012, the District Court for the Eastern District of Missouri, in Harter v. Disney Enterprises, Inc., No. 11-2207 (E.D. Mo. 2012), dismissed a copyright infringement lawsuit that claimed Disney stole the idea behind its direct-to-DVD movies about a dog who helps Santa Claus save Christmas.

In 1991, Ray Harter, Jr., Richard Kearney, and Ed Corno (collectively, the “Authors”) wrote an illustrated children’s story, titled “Santa Paws” and alternatively “Christmas Paws”. In 2009 and 2010, Disney released two straight to DVD movies titled “Santa Buddies: The Legend of Santa Paws” and “The Search for Santa Paws” respectively. In 2011, the Authors filed a copyright infringement claim against Disney, breach of fiduciary duty and negligence claims [...]

Eleanor M. Lackman – “Copyright Enforcement on the Edge” – CMJ 2012

Mon, 24 Sep 2012 10:50:00 EDT

Eleanor M. Lackman will moderate the panel “Copyright Enforcement on the Edge” (at NYU’s Kimmel Center, Silver Board Room), Friday, October 19 from 1:30pm to 2:30pm, as part of the CMJ 2012 Music Marathon (and as part of the Entertainment Business Law Seminar co-sponsored by the EASL section of The New York State Bar Association).

Years after YouTube’s launch, online providers have more sophisticated software tools than ever before for screening for infringing content. Yet even the most recent court decisions about what technical measures are required, and who is liable for copyright infringements, concern business practices from years ago. Drawing on lessons from cases such as UMG v. YouTube, Ms. Lackman leads this panel (that [...]

Robert I. Freedman, Eleanor M. Lackman and Zehra J. Abdi Recognized in 2012 Super Lawyers – Metro Edition

Mon, 24 Sep 2012 09:54:00 EDT

CDAS partner Eleanor M. Lackman and associate Zehra J. Abdi were named “Rising Stars” by 2012 Super Lawyers, and of counsel Robert I. Freedman has been named a "Super Lawyer" for the seventh consecutive year.

Over the years a number of CDAS attorneys have been selected as Super Lawyers, (Super Lawyers is a Thomson Reuters publication). The annual evaluation of candidate pools for Super Lawyers involves a rigorous multi-phase rating process. The process includes peer nominations, peer evaluations and thorough independent research. A variety of indicators are used to evaluate candidates from each of more than 70 practice areas. Super Lawyers then finalizes a state-by-state list of outstanding attorneys that have attained exceptionally high levels [...]

Kenneth N. Swezey at StoryWorld 2012 (Hollywood, CA, from Oct. 17 -19th)

Thu, 20 Sep 2012 14:08:00 EDT

Transmedia spans across multiple platforms and formats to tell a single story. By merging television, movies, books, websites, games, apps, even the real world, transmedia opens new opportunities for rich, innovative development of a narrative and brand. Done well, the techniques permeate the daily lives of their audience by weaving unique pieces of content in each channel, all synchronized to create whole new levels of engagement.

The momentum and reach of transmedia has grown each year, and at the annual StoryWorld Conference, its leaders converge to share and help write the story of transmedia itself. (StoryWorld, in Hollywood, CA, runs from Wednesday, October 17th through Friday, October 19th).

Kenneth N. Swezey returns to StoryWorld, here as the moderator of [...]

CDAS Successfully Stops Domain Name Abuse

Thu, 20 Sep 2012 09:15:00 EDT

CDAS successfully represented the preeminent international luxury company LVMH (Louis Vuitton Moet Hennessy Group) in National Arbitration Forum proceedings involving a domain name. CDAS partner Jean Albert first obtained a favorable preliminary decision finding a likelihood of success and irreparable harm. The final decision concluded that the defendant had registered the domain name either to harass or embarrass the complainant. (This follows another recent victory by Mr. Albert on behalf of LVMH, for its luxury watchmaker Tag-Heuer, in a WIPO arbitration also related to domain name abuse by another party).

The successful results included those achieved in proceedings before RES (the Rapid Evaluation Service), created to fast-track disputes regarding the .xxx extension, (the most recent ICANN approved extension). Domain name [...]

CDAS at the Toronto International Film Festival

Sun, 16 Sep 2012 20:18:00 EDT

CDAS partners Susan H. Bodine, Andrea F. Cannistraci, Marc H. Simon, CDAS Of Counsel Janis C. Nelson and attorney David E. Ashley attended the Toronto International Film Festival, (Thursday, September 6 through Sunday, September 16). Popular premieres of clients' films and newsworthy deals marked an enjoyable and successful festival.

Deadline Hollywood's news from TIFF features the upcoming The Unknown Known: The Life and Times of Donald Rumsfeld, directed by Errol Morris (and highlights Susan H. Bodine's negotiation of the deal on behalf of History Films). Ms. Bodine also visited the set of the highly-anticipated Robocop reboot helmed by her client, director José Padilha (Bus 174, the Elite Squad series), which began shooting in Toronto yesterday.

Iceberg Slim: Portrait of a Pimp made its [...]

California Appellate Court Upholds Amazon’s Anti-Counterfeiting Measures

Mon, 10 Sep 2012 20:28:00 EDT

Decision Provides Significant Guidance for Contributory Trademark Infringement Claims Against Online Service Providers

By Nicholas Tardif

On August 22, 2012, the California Court of Appeal validated Amazon.com, Inc.’s (“Amazon”) efforts to police counterfeit goods sold by third-parties on its website in Tre Milano, LLC v. Amazon.com, Inc., No. BC460511 (Cal. App.2d 2012). At issue was whether Amazon could be held liable under direct and contributory trademark infringement theories for counterfeit versions of Plaintiff Tre Milano LLC’s “InStyler Rotating Hot Iron Hair Straightener” (the “InStyler”) that were rampant on Amazon’s Marketplace website.

Tre Milano filed direct and contributory trademark infringement claims against Amazon in California state court and sought an injunction barring Amazon and third-party sellers from selling, offering for sale, or advertising any real or counterfeit InStyler products in California. Tre Milano alleged [...]

Louboutin v. Yves Saint Laurent: The High Stakes High Heels

Thu, 06 Sep 2012 19:27:00 EDT

Second Circuit Holds A Single Color Can Be A Fashion Trademark

By Nicholas Tardif

On September 5, 2012, the United States Court of Appeals for the Second Circuit, in Christian Louboutin S.A. v. Yves Saint Laurent Am. Holding, Inc., No. 11-3303 (2d Cir. 2012), held that a single color can be used as a trademark in the fashion industry. The highly anticipated ruling is a significant victory for the fashion industry and ensures that French designer Christian Louboutin has a valid and enforceable trademark on his contrasting red-soled shoes.

Since their introduction to the fashion world in 1992, Louboutin’s high-end shoes have become well known and recognizable for their bright, lacquered red bottom outsole. In 2008, the U.S. Patent and Trademark Office granted Louboutin a trademark in its “lacquered red sole [...]

Monge v. Maya Magazines, Inc.: A Fair Use “Telenovela”:

Tue, 28 Aug 2012 17:25:00 EDT

Tabloid’s Publication of Copyrighted Photographs without Permission Not a Fair Use

By Nancy E. Wolff and Jeffrey Lawhorn

On August 14, 2012, the majority of the Ninth Circuit Court of Appeals, in Monge v. Maya Magazines, Inc., Nos. 10-56710, 11-55483 (9th Cir. 2012), reversed the decision of the District Court for the Central District of California and held that a tabloid’s publication of copyrighted photographs without permission was not a fair use under copyright law, rejecting a general newsworthy exception.

In 2007, Noelia Lorenzo Monge, a Puerto Rican pop singer and model, secretly wed Jorge Reynoso, her manager, at “The Little White Wedding Chapel” in Las Vegas. The couple restricted public access at the wedding and allowed only six wedding pictures to be taken, three at the wedding and three after the wedding, [...]

Nancy E. Wolff at the 2012 Media Law Conference, MLRC, Sept 12 – 14

Mon, 27 Aug 2012 19:54:00 EDT

Nancy E. Wolff will Co-Chair the Intellectual Property Breakout Session at MLRC's 2012 Media Law Conference in Reston, Virginia, held Wednesday, September 12 through Friday, September 14. At the IP Breakout Sessions’ interactive discussions each day, topics chosen by facilitators will cover a wide variety of intellectual property issues. (Please click here for more, including schedule, registration and CLE information).

With substantial experience in copyright, trademark and digital media law, Ms. Wolff represents a wide range of traditional and new media clients. She is the current Treasurer of the Copyright Society of the USA, and Chair of the ABA IP Section on Copyright Legislation. Her memberships include ABA IP Section Task Force on Piracy, NYCBA Art and the [...]

Kenneth N. Swezey Speaks on Copyright Terminations, at IPLI 2012

Wed, 22 Aug 2012 01:10:00 EDT

Kenneth N. Swezey will be presenting on Copyright Terminations at PLI’s Intellectual Property Law Institute 2012, Thursday, September 13^that 1:45pm  at the Warwick Hotel, 65 West 54^th Street, New York. (Click here to register and for CLE credit details).

Mr. Swezey’s presentation will cover work-for-hire pre-1978 (and will overview Fifty-six Hope Road Music v. UMG), loan-out corporations, statutory gap, joint works (Scorpio Music v. Victor Willis, S.D.C.A. 3:11-cv-01557), spec scripts, remakes, sequels, and more.

Mr. Swezey focuses on transactional counseling in copyright, corporate law, digital media, entertainment, publishing and other intellectual property and commercial matters. He has substantial experience representing companies and individual clients in the emerging fields of digital media, social media and transmedia. His clients range from [...]

"Chaplin: The Musical" Comes to Broadway

Tue, 21 Aug 2012 17:05:00 EDT

From the slums of London to the heights of Hollywood, Chaplin -- starting today in previews -- is Broadway’s musical journey of the man behind the legend of Charlie Chaplin, chronicling his upbringing, professional breakthroughs and the personal and political scandals of the silent film star. Rob McClure (Avenue Q, I’m Not Rappaport) originated his award-winning role of Chaplin at the La Jolla Playhouse and headlines this 22-person brand new production. Previews begin today, Tuesday, August 21 and it opens Monday, September 10, at the Ethel Barrymore Theatre.

Directed and choreographed by Warren Carlyle (Hugh Jackman Back on Broadway), Chaplin features music and lyrics by Christopher Curtis and a book by Mr. Curtis and three-time Tony winner [...]

"Robot & Frank" Opens Friday, August 24

Fri, 17 Aug 2012 06:38:00 EDT

Robot & Frank opens around the country Friday, August 24th. (And afrer a successful early opening in New York last week, it will add more theaters around the city this weekend). This near-future sci-fi dramatic comedy, (which won the Alfred P. Sloane Prize at Sundance), tells the story of Frank, a snarky elderly man with declining memory, whose children, concerned for his well-being buy him a caretaker robot -- with unexpected results. “The kind of comedy that could well inspire love,” cheers Variety. “Debuting helmer Jake Schreier, screenwriter Christopher D. Ford and a wry and wily Frank Langella all shine. ”

"The ultimate cinematic actor," writes Indiewire in their recent, "Why Robot & Frank is the Summer's Best [...]

CDAS Welcomes Xavier J. Correa

Sun, 12 Aug 2012 22:53:00 EDT

Cowan, DeBaets, Abrahams & Sheppard LLP is pleased to welcome Xavier J. Correa who joins the firm as a partner. Mr. Correa’s practice focuses on general corporate law, financial services software, IT licensing for financial institutions, financial and securities law including funding, secured transactions, payment, custody, clearing and settlement and international law.

Mr. Correa has worked on a variety of cross border IT and financial transactions including lending and structured credit and derivatives transactions for global financial institutions including Goldman Sachs International, BNP Paribas in London, Paris and New York and was Deputy Head of Legal for payment, custody, clearing and settlement services at BNP Paribas Securities Services in France prior to joining CDAS.

The Hunger Games Continues to Slay at the Box Office

Fri, 10 Aug 2012 05:30:00 EDT

Update 8/17/12: The Hunger Games surpasses Harry Potter as the all-time bestselling book series (both e-book and print) on Amazon U.S. The film sells 3.8 million dvds and Blu-rays in its very first weekend.

Update 4/16/12: The Hunger Games becomes the first movie since Avatar to top the box office for four weekends in a row.

Update 4/9/12: The Hunger Games continued to dominate at the box office in its third weekend. The film crossed the $300 million mark in record time, the fastest to cross that mark (17 days) of any non-summer or non-holiday film ever.

Update 4/2/12: The Hunger Games continues its box office winning streak, beating all competitors in theaters again in its second weekend. The film is [...]

Bloomberg Law & New York Law Journal on Marc H. Simon’s Unraveled

Thu, 09 Aug 2012 01:39:00 EDT

The award-winning documentary Unraveled, produced and directed by CDAS Partner Marc H. Simon, continues on Showtime through October 3, 2012, (click here for schedule. Unraveled is also available for purchase on iTunes where it remains in the Top 15).

Unraveled will premiere on CNBC on Thursday, November 8 at 9pm and again at midnight EST.

"Bolstered by animated re-enactments and Bob Richman’s frosty cinematography, Unraveled is a mesmerizing one-man dive into narcissism, entitlement and unchecked greed," writes Jeannette Catsoulis in The New York Times, (a New York Times Critics' Pick).

Praised as "spellbinding"... "the thrust of a Great American noir or black comedy" -- the film has won wide acclaim including from The Los Angeles Times, Forbes, Slant [...]

DocuWeeks Film Festival Features Clients’ "Ricky on Leacock"

Fri, 03 Aug 2012 21:38:00 EDT

The DocuWeeks Film Festival launched today. In New York City at IFC, it begins today Friday, August 3, and runs through Thursday. August 30. In Los Angeles at Laemmle NoHo 7, it runs from Friday, August 10 through Thursday, August 30.

Featured at the festival, Ricky on Leacock explores the life and work of the legendary British documentarian Richard Leacock who influenced generations of filmmakers during his long career and changed the way movies are made. Ricky on Leacock is a cinematic journey that director and CDAS client Jane Weiner began as a young filmmaker. Over 38 years, she filmed her encounters with Leacock's friends and contemporaries to understand the life and work of this documentary icon, a pioneer of "direct cinema".

Executive produced by [...]

Copyright Issues for Educational Institutions: Court Issues Long-Awaited Opinion in Georgia State University Copyright Infringement Case

Thu, 02 Aug 2012 11:55:00 EDT

Court Issues Long-Awaited Opinion in Georgia State University Copyright Infringement Case

By Nancy E. Wolff and Nicholas Tardif

On May 11, 2012, the U.S. District Court for the Northern District of Georgia issued its long-awaited opinion in Cambridge University Press v. Becker, No. 1:08-CV-1425-ODE (N.D. Ga. May 11, 2012) which examined one of the new ways professors and students teach and learn in the digital age.   Although the court found the University’s copyright policy contributed to copyright infringement on only five of the many claims, the district court applied an unconventional fair use analysis and, among other surprises, extensively examined the availability for licensing of digital excerpts and this may have publishers taking a second look at licensing models for digital versions of works offered to institutions. Universities in turn [...]

"Ai Weiwei: Never Sorry" in Theaters

Tue, 31 Jul 2012 11:47:00 EDT

Ai Weiwei: Never Sorry opened Friday, July 27, across the country. The acclaimed documentary -- winner of the Special Jury Prize at Sundance for its “Spirit of Defiance” -- offers an unprecedented look at Ai Weiwei, China’s most famous international artist and its most outspoken domestic critic, named by the UK’s prestigious ArtReview as “the contemporary art world's most powerful player” and runner-up to TIME Magazine's 2011 Person of the Year.

A digital age dissident who powers through walls between art and activism, Ai Weiwei, through subversive art, architecture, and social media, continues to inspire globally and his prolific stride remains unbroken despite the repressive climate of strict censorship he lives and works under. Chinese authorities shut down his [...]

Mary E. Rasenberger on Extra-Territorial Online Piracy

Thu, 26 Jul 2012 19:22:00 EDT

On Saturday, August 4, at the Annual Meeting of the American Bar Association in Chicago, Mary E. Rasenberger will speak at the ABA's Section on Intellectual Property Law, at the Open Forum’s “The Scope and Severity of Extra-Territorial Online Piracy and Counterfeiting”.

Along with discussion of the key legislation, (COICA Act, PROTECT IP Act, OPEN Act), the panel will overview recent studies on the grave impact of extra-territorial online piracy, including from counterfeit pharmaceuticals.

Court Upholds Right to License Celebrity Images

Mon, 23 Jul 2012 15:52:00 EDT

This week the Ninth Circuit Court of Appeals affirmed the dismissals of two right of publicity claims against Corbis Corp. -- Shirley Jones v. Corbis Corp. and Alberghetti v. Corbis Corp.   In the Jones case, the court held that Shirley Jones, star of the TV show “The Partridge Family,” had given her implicit consent to use her likeness in photographs when she attended highly-public red-carpet events. The court noted that Corbis operated within well-known and established industry customs in relying on her implied consent to the photographs’ distribution.   In the Alberghetti case, the court held that the two-year statute of limitations on right of publicity claims in California had expired before the plaintiffs filed their lawsuit. In both cases the [...]

Court Upholds Right to License Celebrity Images

Mon, 23 Jul 2012 15:41:00 EDT

This week the Ninth Circuit Court of Appeals affirmed the dismissals of two right of publicity claims against Corbis Corp. -- Shirley Jones v. Corbis Corp. and Alberghetti v. Corbis Corp.   In the Jones case, the court held that Shirley Jones, star of the TV show “The Partridge Family,” had given her implicit consent to use her likeness in photographs when she attended highly-public red-carpet events. The court noted that Corbis operated within well-known and established industry customs in relying on her implied consent to the photographs’ distribution.   In the Alberghetti case, the court held that the two-year statute of limitations on right of publicity claims in California had expired before the plaintiffs filed their lawsuit.   In both cases the court [...]

"Someone Marry Barry"

Mon, 23 Jul 2012 02:14:00 EDT

Today's Hollywood Reporter looks at the upcoming comedy Someone Marry Barry, starring Tyler Labine, Damon Waynes, Jr. and Lucy Punch, which just wrapped production. The story follows three friends plotting to get rid of their socially inappropriate friend Barry by "marrying him off" -- a plan that backfires when Barry's new wife ends up as bad as he is.

CDAS partner Marc H. Simon is the attorney for the film as well as an executive producer on it and helped package it. Client Jeremy Bailer (Arcadia, Robot and Frank) of Madrose Productions is also an executive producer.

"The funniest, most outrageous characters are often relegated to the role of sidekick," said director Rob Pearlstein, who was nominated for an Oscar [...]

Ralph Lauren’s Famous Polo Player Put Back on his Horse

Thu, 19 Jul 2012 10:03:00 EDT

Trademark Trial and Appeal Board Cancels Thread Pit, Inc.’s “Falling Rider” Trademark Registration Because Consumers were Likely to Confuse the Trademark with the Famous Polo Ralph Lauren Mark

By Eleanor M. Lackman and Justin Joel

The United States Patent and Trademark Office Trademark Trial and Appeal Board recently put Ralph Lauren’s famous polo player back on his horse in granting the petition of PRL USA Holdings, Inc., a Polo Ralph Lauren Corporation subsidiary (“PRL”) to cancel the trademark registration of Thread Pit, Inc. (“Thread Pit”).

Thread Pit registered a trademark, for “t-shirts and collared polo shirts,” that was similar to the famous Polo Ralph Lauren (“Polo”) mark of a polo player riding a horse, mallet in hand. PRL filed a petition to cancel Thread Pit’s registration based on Sections 2(d) (Likelihood of Confusion) and 43(c) (Dilution) of the Lanham Act. In its defense, [...]

Mary E. Rasenberger Speaks on Copyright Developments in China

Tue, 17 Jul 2012 08:42:00 EDT

On Wednesday, July 25 (10:30am -- 2pm), Mary E. Rasenberger will be speaking at Fordham’s Luncheon Conference on Copyright Developments in China on the panel “Developments in Substantive Copyright Law”.

Along with a focus on changes in substantive law, the conference will also address internet regulation, judicial trends and conflicts with other trends. The Intellectual Property Law Institute at Fordham Law School, directed by Prof. Hugh Hansen, will host the conference and Cowan, DeBaets, Abrahams & Sheppard LLP is proud to sponsor it. (Please click here for more information).

The Imposter -- “Astonishing”

Mon, 16 Jul 2012 16:55:00 EDT

"Mind-blowing"... "All the more astonishing because it actually happened,” writes The Hollywood Reporter in praise of The Imposter, which opened Friday to wide acclaim (and is The New York Times Critics’ Pick this week). This “fiendishly clever” true-crime documentary explores the mystery of a 13 year-old Texas boy who disappeared in 1994 -- He returns home almost four years later to tell a shocking account, but his “safe return” is only the first piece of a far larger puzzle. “So begins a story that nearly takes your head off with a series of amazements”, writes Peter Travers in Rolling Stone. Director Bart Layton masterfully twists through multiple-viewpoints, memory and [...]

Robo-Reboots @ Comic-Con

Fri, 13 Jul 2012 09:50:00 EDT

Comic books and movies once again join forces for Comic-Con (Thursday, July 12 through Sunday, July 15), with nearly 130,000 packing the San Diego Convention Center this week. Details of the Robocop reboot were released today from Comic-Con, just days after the viral teaser-trailer for the highly-anticipated film began buzzing across the Internet, the subject of this week’s Los Angeles Times feature, Robocop Remake Marketing Starts Two Months Before Production. (The film releases August, 2013). Susan H. Bodine represents acclaimed Brazilian director José Padilha (Bus 174, Secrets of the Tribe, the Elite Squad series) in his Hollywood debut at the helm of Robocop.

And topping the New York Times Business Day section this week, ...]

Timothy J. DeBaets at the National Academy of Television Arts and Sciences

Fri, 13 Jul 2012 09:00:00 EDT

On Wednesday, July 18 from 9:30am to 11:00am, Timothy J. DeBaets will lead a discussion on legal issues in the television industry, as part of the Midmorning Exchange at the National Academy of Television Arts and Sciences in New York City. Mr. DeBaets will address some key legal concerns in a rapidly evolving landscape of network, cable and broadband television, as content delivery continues to expand across streaming boxes, tablets and mobile phones and new, often controversial, business models have emerged.

Nancy Savoca Returns with "Union Square"

Fri, 13 Jul 2012 03:04:00 EDT

Nancy Savoca Returns with Union Square

Starring Academy Award® winner Mira Sorvino, and Tammy Blanchard, Union Square -- "a sharp and kinetic look at the strange bonds of family" (-- The Los Angeles Times) -- opened Friday. The long-awaited return of director Nancy Savoca (Household Saints, Dogfight), Union Square (also co-written by Ms. Savoca) is the setting for an unexpected reunion between two estranged sisters, one of whom is on the verge of getting married, the other on the verge of a nervous breakdown. (Susan H. Bodine represents director and co-writer Nancy Savoca). Click here to check out the trailer, learn about the movie, watch clips and "like" on Facebook.

"American Gypsies" Tuesdays at 9pm on National Geographic

Fri, 13 Jul 2012 00:16:00 EDT

From Executive Producer Ralph Macchio and CDAS client Stick Figure Productions,  comes American Gypsies,  an intimate portrayal of the Johnses, a Romani family, and their effort to preserve age-old customs amid the vices of New York City, while upholding their family’s place in the community and expanding their psychic shop empire.

Here in the course of nine episodes of this brand new series, cameras have been allowed unprecedented access into the Romani, or Gypsy community as we follow the Johnses and explore the Romani’s rules, traditions and rich cultural heritage. American Gypsies airs Tuesdays at 9pm EST on National Geographic and premieres July 17th. (It is also available on-demand, on iTunes and Amazon). Frederick P. Bimbler is production counsel [...]

Copyright Office Weighs in on the Copyrightability of Exercise Routines and other Compilations

Thu, 05 Jul 2012 19:27:00 EDT

By Nancy E. Wolff and Leora Goldstein

The Copyright Office issued a statement of policy (37 CFR Part 201), effective June 22, 2012, to clarify the practices relating to the claims in compilations, and in particular claims involving the selection of uncopyrightable subject matter. The definition of a “compilation” in Section 101 of the Copyright Act is a work formed by the collection and assembling of preexisting materials or of data that are selected, coordinated, or arranged in such a way that the resulting work as a whole constitutes an original work of authorship.

While the statement focused on exercise and social dance routines, it extends to all compilations that are based on the selection and arrangement of uncopyrightable subject matter. [...]

“The Content Gold Rush: A Legal Perspective on the Future of Television”

Tue, 03 Jul 2012 23:50:00 EDT

(Update, July 12: In related news, CDAS attorney Steven A. Werier was quoted in Variety today -- and in IP Law 360 -- on yesterday's ruling in the case of Aereo and its controversial business model, a closely-watched case the panel discussed).

At an engaging panel held at The Modern in New York City recently -- “The Content Gold Rush: A Legal Perspective on the Future of Television" -- insights shared by partners J. Stephen Sheppard, Mary E. Rasenberger and Kenneth N. Swezey brought into focus the complex, unprecedented business and legal challenges and opportunities related to television content delivered over broadband Internet lines. [...]

Mary E. Rasenberger on Extra-Territorial Online Piracy

Tue, 03 Jul 2012 16:58:00 EDT

On Saturday, August 4, during the Annual Meeting of the American Bar Association in Chicago, Mary E. Rasenberger will speak at the ABA’s Section on Intellectual Property Law, at the Open Forum’s “The Scope and Severity of Extra-Territorial Online Piracy and Counterfeiting”. Along with discussion of the key legislation, (COICA Act, PROTECT IP Act, OPEN Act), the panel will overview recent studies on the grave impact of extra-territorial online piracy, including from counterfeit pharmaceuticals.

Mary E. Rasenberger Speaks on Copyright Developments in China

Tue, 03 Jul 2012 16:42:00 EDT

On Wednesday, July 25, Mary E. Rasenberger will be speaking at Fordham’s Luncheon Conference on Copyright Developments in China, on the panel “Developments in Substantive Copyright Law”.

Cowan, DeBaets, Abrahams & Sheppard LLP is proud to sponsor this event.

Idea Submissions: Review with Caution

Sat, 30 Jun 2012 11:58:00 EDT

A recent Second Circuit decision gives writers who alleged “idea theft” a second chance to sue

By Daniel J. Klein

This week, the Second Circuit Court of Appeals in New York, in a case captioned Forest Park Pictures v. Universal Television Network, Inc., united with the Ninth Circuit in California by holding that breach of implied contract claims based on “theft of ideas” are not preempted by the Copyright Act. In doing so, the decision narrowly avoided a circuit split among the two entertainment/media hub jurisdictions, and italso resolved a split within the Southern District of New York in Manhattan. The core question in these types of “idea theft” cases is whether plaintiffs who bring lawsuits alleging theft of ideas under [...]

Postal Disservice: No Stamp of Approval for Just One Side of a “Hypothetical Negotiation”

Thu, 28 Jun 2012 12:28:00 EDT

By Nancy E. Wolff and Leora Goldstein

Our nation’s great capitol is home to many museums, national monuments, and of course the White House. In addition to all these symbols of American history is The Column. The Column, the centerpiece of the National Mall, is a collection of nineteen steel structures commemorating Korean War Veterans. Tourists gather around these statues with their digital cameras snapping away, in an effort to capture these unique structures that evoke a military platoon. But it is not just tourists and school trips that surround The Column these days, its controversy as well.

In commemoration of the 50^th anniversary of the Korean War, the U.S. Postal Service issued a stamp, in 2002, featuring The Column. [...]

Nancy E. Wolff at PLI’s “Everything You Know is Wrong”

Wed, 27 Jun 2012 12:04:00 EDT

Nancy E. Wolff at PLI’s "Everything You Know is Wrong"

CDAS partner Nancy E. Wolff will be on the Practicing Law Institute (PLI) panel, "Everything You Know Is Wrong: Formerly Settled Copyright Issues", (Monday, July 9^th at 3:30pm, in San Francisco). This panel is part of PLI’s seminar "Understanding Copyright Law in the Data Era 2012". Ms. Wolff and her fellow panelists will address such topics as First Sale vs. licensing, DMCA and take-down issues, open sources licenses, proposed legislation, and much more.

Copyright Protection for Food – Perishable?

Mon, 25 Jun 2012 00:44:00 EDT

By Mary E. Rasenberger and Caitlin Dempsey

Kim Seng Co. v. J & A Importers, Inc., 810 F. Supp. 2d 1046 (C.D. Cal. 2011)

In Kim Seng Co. v. J & A Importers, Inc., a California District Court considered the copyrightability of a food display. Kim Seng Co., (“Kim Seng”), a Chinese-Vietnam food supply company sued another Chinese-Vietnam food supplier, J & A Importers, Inc. (“J & A Importers”), for using an image of a bowl of food on product packaging for rice sticks. Kim Seng alleged copyright and trade dress infringement for using its product packaging. And also interestingly, it sued J&A for copyright infringement of the food display itself.

Kim Seng claimed copyright not only in the photograph, but in [...]

Seventh Circuit Nips Brownmark Films’ Copyright Claim “In the Butt”

Mon, 25 Jun 2012 00:01:00 EDT

Seventh Circuit Nips Brownmark Films’ Copyright Claim "In the Butt"

By Nancy E. Wolff and Justin Joel

South Park, the long running television show, is no-stranger to parodies, spoofing everything from High School Musical to The Passion of The Christ. But their humor was not appreciated by Brownmark Films, LLC, ("Brownmark"), who sued the comedy show for copyright infringement when it made fun of its dance video What What (In the Butt) in a 2008 episode. The case is Brownmark Films, LLC v. Comedy Partners, No. 11-2620 (7th Cir. 2012).

This episode "satirized the 2007-2008 Writers’ Guild of America strike, inexplicably popular viral videos and the difficulty of monetizing Internet fame." In the story line, Canada held a general strike, feeling disrespected and underappreciated by the rest of the world. [...]

Once Again, New Life for "My Reincarnation"

Thu, 21 Jun 2012 14:36:00 EDT

Beginning this week and next (check local listings) on PBS and streaming online: From record-breaking crowd-funding, to theaters, to PBS, public acclaim for My Reincarnation has once again given this compelling film renewed life. After an impressive theatrical run, the critically-acclaimed, award-winning documentary was picked-up to make its television premiere on PBS’ POV, kicking-off POV’s 25^th season. Jennifer Fox’s documentary follows Yeshi, the Westernized son of Buddhist master Chogal Namkhai Norbu. Yeshi has been acknowledged since the age of 5 to be the reincarnation of Khyentse, a great Dzogchen Buddhist master himself. Still Yeshi through his teens rebuffs a life expected by others as he remains emotionally estranged from his father. We follow Yeshi’s [...]

Louis Vuitton’s ‘Hangover 2’ Case Knocked Off Without Giving Judge a Headache

Tue, 19 Jun 2012 19:02:00 EDT

By Steven A. Werier

A filmmaker’s rights under the First Amendment to use well-known trademarks for artistic and expressive purposes will be protected against a challenge from the trademark holder so long as the use has genuine relevance to the film’s storyline. On June 15, 2012 the District Court for the Southern District of New York, on a motion to dismiss, ordered Louis Vuitton’s lawyers to pack up their bags, dismissing the fashion company’s claim that a short scene in the Warner Bros’ film The Hangover Part II caused millions of dollars of damages to the company and confusion among its customers.

In a scene from the film, which is the sequel to the 2009 blockbuster about a group of friends [...]

Artist Wins Touchdown Against University for his Paintings

Mon, 18 Jun 2012 13:53:00 EDT

By Nancy E. Wolff and Leora Goldstein

An artist’s right to incorporate trademarks in expressive works pits the artist’s fundamental right of freedom of expression guaranteed by the First Amendment, against the desire of a trademark owner to aggressively control the licensing of merchandise based on its trademarks. And when the artwork involves a much-loved college sports team, the tension runs deep. On June 11^th 2012 the Court of Appeals for the 11^th Circuit reached a decision in the much anticipated University of Alabama Board of Trustees v New Life Art Inc. case. The case chronicles the legal saga between the University of Alabama and Daniel Moore, a long time sports painter of football scenes for the University in which [...]

Indy Film Crosses into 3-D

Mon, 18 Jun 2012 11:44:00 EDT

I Heart Shakey -- the first independent family comedy in 3-D -- tells the story a 10 year-old Chicago girl’s adventure to keep her dog Shakey, despite her father’s plans. The film has been featured in many articles, including one in the Wall Street Journal, in part as it marks the expansion of 3-D technology into independent feature film. Kickstarter played a significant part in raising funds for I Heart Shakey, which held popular sneak previews this weekend, and releases June 29 theatrically and on VOD. (CDAS partner Susan H. Bodine represents the producer Deanna Cooper and the director Kevin Cooper).

Google Cleared of Java Copyright Infringement

Mon, 18 Jun 2012 10:35:00 EDT

By Eleanor M. Lackman and Justin Joel

Google Cleared of Java Copyright Infringement: In First Ruling on Copyrightability of APIs, CA Court Finds That Functional Java API Code Is a “Method of Operation” Not Protected By Copyright Law

On May 31, 2012, the U.S. District Court for the Northern District of California reached its decision regarding the copyright claims in Oracle America, Inc. v. Google Inc., No. C 10-03561 WHA (N.D. Cal. May 31, 2012). At issue was whether certain replicated elements of the structure, sequence and organization of Java’s (the popular programming language) application programming interface (API) were copyrightable.

Java was originally developed by Sun Microsystems, Inc. in the 1990s. In 2010, Oracle Corporation acquired Sun Microsystems, Inc., including Sun’s interest [...]

Google AdWords: A Tough Sell?

Sun, 17 Jun 2012 08:00:00 EDT

Fourth Circuit Court of Appeals Rules AdWords Program Can Create a Likelihood of Confusion in Rosetta Stone v. Google

By Daniel J. Klein

Google’s AdWords program is no stranger to legal controversy, having been the subject of several trademark infringement lawsuits in the past.

The latest chapter in this controversy involves the educational language software giant Rosetta Stone. The company sued Google for trademark infringement for selling the keyword “ROSETTA STONE” to Rosetta Stone’s competitors through Google’s AdWords platform. Rosetta Stone argued that this created a likelihood of confusion in violation of federal trademark law.

Rosetta Stone’s lawsuit was originally dismissed on Google’s motion for summary judgment in 2010 by a federal district court judge in the Eastern District of Virginia. The district court ruled that no reasonable trier of fact could find that Google intended to create a likelihood of confusion.

Then [...]

"Reveal Day" Unveils 1,930 New Domain Name Applications

Thu, 14 Jun 2012 22:07:00 EDT

On Wednesday, the Internet Corporation for Assigned Names and Numbers (ICANN) – which oversees the international internet address system -- unveiled 1,930 applications it had received for new top-level domain names (TLDs). Dubbed "Reveal Day," ICANN made public the applications for new domain extensions such as .google, .book, .app, .beer, .bank, and .buy. The flood of new domains promises to fundamentally change the internet, and certainly for brand owners seeking to protect their trademarks. While businesses previously only needed to monitor misuse of their names in addresses ending with .com or .org, etc., now thousands of new domain extensions may open new vistas for infringers and hackers, in particular cyber-squatters, counterfeiters and phishing-spoofers.

To help [...]

"Reveal Day" Unveils 1,930 New Domain Name Applications

Thu, 14 Jun 2012 21:33:00 EDT

On Wednesday, the Internet Corporation for Assigned Names and Numbers (ICANN) – which oversees the international internet address system -- unveiled 1,930 applications it had received for new top-level domain names (TLDs). Dubbed "Reveal Day," ICANN made public the applications for new domain extensions such as .google, .book, .app, .beer, .bank, .cloud and .buy. The flood of new domains promises to fundamentally change the internet, and certainly for brand owners seeking to protect their trademarks. While businesses previously only needed to monitor misuse of their names in addresses ending with .com or .org, etc., now thousands of new domain extensions may open new vistas for infringers and hackers, in particular cyber-squatters, counterfeiters and phishing-spoofers.

To help protect against infringement and security [...]

Decoding RosettaDecoding Rosetta Stone: Trademark Lessons and Unanswered Questions From The Fourth Circuit's Decision Regarding Google's Keyword Advertising Program

Tue, 12 Jun 2012 16:19:00 EDT

Trademark Lessons and Unanswered Questions From the Fourth Circuit's Decision Regarding Google's Keyword Advertising Program

By Eleanor M. Lackman

On April 9, the U.S. Court of Appeals for the Fourth Circuit handed down its decision in Rosetta Stone Ltd. v. Google Inc. At issue in the appeal was whether Google's sale of "Rosetta Stone" keywords for use in Google's AdWords advertisements constituted primary (direct) or secondary (contributory/vicarious) trademark infringement or diluted Rosetta Stone's trademarks.

Please click here to read the entire article. (Reposted from Bloomberg BNA by permission).

Nancy E. Wolff & Eleanor M, Lackman Elected Treasurer & Assistant Treasurer, CSUSA

Thu, 07 Jun 2012 15:46:00 EDT

We congratulate CDAS partner Nancy E. Wolff and partner Eleanor M. Lackman. Ms. Wolff was elected to serve as Treasurer of the Copyright Society of the USA, and Ms. Lackman was elected to serve as Assistant Treasurer. For the last two years, Ms. Wolff and Ms. Lackman have served as Secretary and Assistant Secretary respectively. Their duties as Treasurer and Assistant Treasurer begin this Sunday, June 10, as the CSUSA launches its 2012 annual meeting in Hamburg, New Jersey. Cowan, DeBaets, Abrahams & Sheppard LLP is proud to once again be one of the sponsors of the meeting.

Cowan DeBaets Abrahams & Sheppard LLP Named a “Top Ranked Law Firm”

Thu, 31 May 2012 12:48:00 EDT

As featured in New York Magazine, Cowan, DeBaets, Abrahams & Sheppard LLP has been selected as one of the New York Area’s Top Ranked Law Firms.

To compile their list of the top U.S. law firms, Martindale-Hubbell analyzed their database of over one million lawyers in over 160 countries and identified Tri-State firms in which a number of attorneys achieved AV Preeminent Peer Review Rating SM. This indicates the attorneys have achieved the highest level of ethical standards and legal accountability. Martindale-Hubbell Peer Review Ratings are driven by the confidential opinions of lawyers and members of the judiciary who provide reviews of lawyers about whom they have professional knowledge.

Eleanor M. Lackman’s Webinar: What CMOs Need to Know About IP

Tue, 22 May 2012 15:27:00 EDT

CDAS partner Eleanor M. Lackman led an informative webinar today for Exec Sense, “What CMOs Need to Know About Patent, Copyright and Trademark Protection”. She was joined by Mike Downs, partner at Fincham Downs. Together they presented a program for Chief Marketing Officers on recognizing the value of intellectual property, how to protect IP, search, register, and monitor it and how to employ best practices for its enforcement. In the age of emerging platforms and social media, the dimensions of IP are global and rapidly evolving. Their presentation included the well-known case of Netflix’s spinoff Qwickster, a now textbook example of a failure to coordinate marketing with IP concerns.

Nancy E. Wolff at CEPIC 2012, London

Tue, 08 May 2012 12:54:00 EDT

CDAS Partner Nancy E. Wolff will be in London at CEPIC (Centre of the Picture Industry) 2012, which runs from May 15^th through May 18^th. Ms. Wolff will be serving on two panels and a breakout session. Following a brief overview of the differing copyright systems in the U.K., U.S. and Europe, the sessions will provide critical insights into each of these copyright-related legal initiatives including Small Claims initiatives in U.K. and U.S., Orphan Works, Anti-Piracy measures, the ACTA Treaty and more.

On May 16^th from 3pm to 4:10pm she will be on the panel - An Update on Legal and Legislative Copyright Issues in the US and Europe.

On May 17^th from 9:30am to 1pm she will be [...]

The Clock is Ticking to Take Action Against Infringement

Mon, 23 Apr 2012 16:23:00 EDT

By Joshua S. Wolkoff & Jeffrey Lawhorn

The recent case of Urbont v. Sony Music Entertainment, 11 Civ. 4516 (S.D.N.Y. March 27, 2012), highlights the disagreement among some federal courts as to when the three-year statute of limitations for copyright infringement claims begins its countdown. Directly at issue is whether the clock starts ticking when the infringement starts (the “injury rule”), or when the plaintiff discovers the infringement (the “discovery rule”).

Television composer Jacques “Jack” Urbont composed the theme song, known as the “Iron Man Theme,” for the 1960s television show “The Marvel Super Heroes.” In his suit against Sony, Urbont alleged that in 2011 he discovered that rapper Dennis Coles (p/k/a Ghostface Killah, a former member of the Wu Tang [...]

Eleanor M. Lackman @ INTA: Managing Your Brand in Social Media

Mon, 23 Apr 2012 15:11:00 EDT

On Monday, May 7, from 1:30pm to 3:30pm, at the annual INTA conference in Washington, D.C., Eleanor M. Lackman (@EMLackman) will be moderating the table topic, “Best Practices in Social Media: Managing Your Brand While Keeping Your Loyal Fans”. (Note that this session is sold out but Ms. Lackman and CDAS attorney Joshua S. Wolkoff look forward to seeing their friends and meeting new colleagues at INTA this year).

With the advent of social media – from Facebook, Google+, LinkedIn, Twitter, Pinterest and YouTube, to blogs, apps and social gaming– comes great opportunity to market your brand to consumers in many new ways, but it also carries risk of losing the ability to control how and [...]

Amish: Out of Order

Tue, 17 Apr 2012 17:07:00 EDT

Shunning - family, friends and community turning their backs on one of their own, and one of their own making the choice to never turn back. These are the risks the individuals in Amish: Out of Order face. This mesmerizing 10-part documentary series premieres on the National Geographic Channel tonight at 10pm ET. The show explores Ex-Amish youths who have made the difficult choice to leave their families and faith, and for the most part have been shunned by their old communities. The show is executive produced by client Daniel Laikind / Stick Figure Productions. Join the discussion about this fascinating series on Facebook. Frederick P. Bimbler represents Daniel Laikind and Stick Figure [...]

"The King’s Speech" Opens on London’s West End

Tue, 10 Apr 2012 23:30:00 EDT

David Seidler's play began its season at Wyndham's Theatre last week. The film version of The King's Speech, which starred Colin Firth, won four Oscars last year but Seidler originally wrote the story for the stage. He then developed the screenplay, and the play was left unproduced until now…

“Adrian Noble’s sure-footed production combines well judged humor with poignancy…” raves the Evening Standard. Charles Edwards’ performance as King George VI – the king who struggles to overcome his stammer and find his voice – has been praised by critics as “superb” …“terrific”…“fantastic, moving, funny…” … “bringing subtlety, understated wit and mercurial flair.”

Jonathan Hyde as Lionel Logue, the King’s Australian maverick speech therapist, is “absolutely charming” [...]

Wishful Drinking April 10 – April 22 at Victoria Theatre, Dayton

Tue, 10 Apr 2012 23:17:00 EDT

Carrie Fisher begins a two-week run of her one-woman show Wishful Drinking this week at Dayton’s Victoria Theatre.

Wishful Drinking has completed sold-out runs across the U.S., won the Outer Critics Circle Award, and it was filmed for what became an Emmy-nominated HBO special last year. Alternately wry, uproarious and sobering, Wishful Drinking recounts Carrie Fisher’s life in a family of Hollywood legends, Eddie Fisher and Debbie Reynolds, her adventures as a cultural icon after starring as Princess Leia in Star Wars at 19 years-old and how her life was forever changed. She received a Grammy nomination in the Spoken Word Album category for her memoir Wishful Drinking, and the book was on the New York Times [...]

The Moth Diaries Opens Fri April 20

Mon, 09 Apr 2012 07:49:00 EDT



Acclaimed director Mary Harron (I Shot Andy Warhol, American Psycho, The Notorious Bettie Page) returns with the neo-Gothic horror The Moth Diaries, based on the bestselling novel by Rachel Klein. This coming-of-age chiller follows Rebecca and her friendship with Ernessa, a mysterious new arrival at an isolated boarding school. As their friendship spirals into obsession and delusion, the line between reality and the supernatural bleeds together. Susan H. Bodine represents the director/screenwriter Mary Harron. (The film premiered at the Venice Film Festival, is distributed by IFC and opens Friday, April 20).

Sofia Vergara Hosts SNL April 7th!

Mon, 02 Apr 2012 22:08:00 EDT

Update 4/9/12: A hit with critics and audiences, the show was one of the highest-rated shows of the season. Ms. Vergara also made a popular appearance recently on NuevOn, a broadband tv venture of Latin We and Electus International. (Frederick P. Bimbler represents Latin We).

Watch Frederick P. Bimbler’s client Sofia Vergara as she hosts Saturday Night Live (her SNL hosting debut) this weekend April 7th. One Direction will be the musical guest for the episode.

“I’m very happy, very excited because I never thought I was going to be part of that TV show,” Ms. Vergara told reporters. “I think it’s an American tradition. It’s a TV show that the whole world knows, so for [...]

"The Hunger Games" Smashes B.O. Records

Mon, 26 Mar 2012 16:24:00 EDT

“Relax, you legions of Hunger Gamers. We have a winner,” raves Peter Travers in Rolling Stone.

A host of film critics have joined these legions, helping spread the five-alarm box office fire of this first installment in the film franchise based on the wildly successful book series by CDAS client, author Suzanne Collins. “This Hunger Games is a muscular, honorable, unflinching translation of Collins' vision,” wrote Entertainment Weekly.

The Hunger Games' opening weekend box office (according to The Los Angeles Times, The New York Times and other sources) took in over $155 million (domestic), ranking it the third largest opening of all time (not adjusted for inflation). Shares in its studio, Lionsgate, jumped soon after the opening bell on [...]

Broadband TV Channel "NuevOn" Set for Launch

Mon, 26 Mar 2012 07:31:00 EDT

NuevOn, a celebrity-oriented Hispanic pop-culture and lifestyle Google/YouTube channel, launches in April. One of its shows generating buzz features international star and author Alejandro Chaban in a health-focused reality series. NuevOn is the new broadband television venture of Latin We and Electus International. (Frederick P. Bimbler represents Latin We).

Please check back here for a spotlight on more NuevOn shows (and follow NuevOn in social media including Twitter for their latest news).

Spring Film Festivals Spotlight Client Movies

Wed, 21 Mar 2012 15:20:00 EDT

Ai Weiwei: Never Sorry opens the Hot Docs Film Festival in Toronto; (the festival runs from April 26 through May 6). The documentary directed by Alison Klayman, (and winner of the Special Jury Prize, Documentary at Sundance), offers an unprecedented look at artist and activist Ai Weiwei, known for his architecture, subversive art, and his calls for greater transparency on the part of the Chinese state. (For Ai Weiwei: Never Sorry, Legal: Robert I. Freedman for producer MUSE Film/TV. Marc H. Simon represents producer Adam Schlesinger).

Also at Hot Docs, and continuing to build momentum after its recent success at SXSW, the documentary The Imposter is [...]

Mama's Boys of the Bronx

Wed, 21 Mar 2012 13:39:00 EDT

Featured recently in The New York Post and the Huffington Post, the reality series Mama’s Boys of the Bronx premieres on TLC on Monday, April 9.

The series stars five boyhood friends in their 30s who each proudly live at home with their mother. The cast includes Anthony, 35, who has given up his job at a car-dealership to pursue his dream of producing a cartoon about the guys in “Da Neighborhood”, Giovanni, 38, (aka Johnny Margarita), an aspiring fashion designer, and Peter, 28, an aspiring actor who teaches math.

As they look to settle down, some try frequent dating to meet a "nice girl" while others look to finally wed their high school sweetheart. It is not [...]

Pinning Down the Copyright Issues in Pinterest

Fri, 16 Mar 2012 14:10:00 EDT

By Eleanor M. Lackman & Jennette Wiser

          The newest trend in social media, with over 10 million members and drawing 11.7 million viewers each month according to comScore, is the virtual scrapbooking site Pinterest. Pinterest allows members to upload their favorite images from the Internet or their computers and share them immediately with other members.

            The ability to pin and re-pin photographs creates potential issues under copyright law. Most Pinterest members do not pin photographs that they took, but rather images made by other photographers and artists – mainly content from other websites. Indeed, the functionality of Pinterest makes it easier to pin images from the Internet than it is to post images that the user independently created. Pinterest itself, [...]

Fashion Protection: Will it Wear Well?

Wed, 14 Mar 2012 23:12:00 EDT

CDAS Partner Nancy E. Wolff will be speaking at the 27th Annual Intellectual Property Law Conference in Arlington, Virginia. Her event, "Fashion Protection: Will it Wear Well?", will be held Thursday, March 29, 1:45p to 3:15p, and will address the Innovative Design Protection and Piracy Protection Act, a controversial proposed bill. Many argue it will be essential, others argue it would be harmful and a boom to lawyers. This promises to be an informative and compelling discussion.

Tropfest 2012: Open for Entries

Tue, 13 Mar 2012 14:43:00 EDT

Tropfest New York (and Tropfest International), the world’s largest short film festival, is now open for entries through Thursday, May 10, 2012.

Finalists will be screened in Bryant Park, Saturday June 23^rd.

Tropfest is free to attend. The festival is an outdoor celebration complete with live music and entertainment, red carpet arrivals, and highly anticipated film screenings, followed by an awards ceremony.

Founded 20 years ago in Sydney, Australia, Tropfest is supported by some of the biggest international film stars, and in Australia attracts a live national audience of more than 150,000 people on a single night with live satellite links to outdoor locations throughout the country. Over the years Tropfest has spread from country to country including the recently launched Tropfest [...]

White House Releases Framework for Consumer Data Privacy

Mon, 12 Mar 2012 15:19:00 EDT

By Eleanor M. Lackman and Joseph Gregory

          On February 23, 2012, the White House released Consumer Data Privacy in a Networked World: A Framework for Protecting Privacy and Promoting Innovation in the Global Digital Economy (the “Framework”). The Framework is meant to improve consumers’ privacy protections without stifling the sort of innovation and economic growth that companies seek via the digital space. At its core, the Framework consists of four overarching elements: (i) the Consumer Privacy Bill of Rights; (ii) multi-stakeholder processes to develop enforceable codes of conduct; (iii) post-development enforcement by the FTC; and (iv) promoting international interoperability. As the Framework cannot itself be used as a basis for holding those who violate its principles accountable—there is no law stating [...]

Google Books Case Developments: Google Responds to ASMP and Authors Guild

Tue, 06 Mar 2012 13:34:00 EST

By Mary Rasenberger

          In a new turn in the Google Books case we have been following, Google filed its responses on February 17, 2012 to the American Society of Media Photographers' (ASMP) and the Authors Guild's oppositions to Google's motions to dismiss ASMP and the Authors Guild for lack of standing. Google took issue with the Plaintiffs' assertions.

          (PLEASE CLICK HERE to read Ms. Rasenberger's entire article on the EASL blog of the NYSBA, reprinted in part here by permission).

Susan H. Bodine @ FICG27

Thu, 01 Mar 2012 10:05:00 EST

Partner Susan H. Bodine attends the Festival Internacional de Cine in Guadalajara, Mexico (FICG27) (Friday, March 2 to Saturday, March 10). As the premier film festival in Latin America, FICG serves as a rich forum for the creative exchange between professionals, filmmakers, critics, students, and audiences of Ibero-America. It is a diverse selection of international movies, including national films. Its Official Section is composed of features, documentaries, and short films from Mexico and Ibero-America. On Monday March 5, Ms. Bodine will speak on a panel that addresses opportunities for cooperation between the US and Latin America in the audiovisual area.

Big Data, Big Issues

Mon, 27 Feb 2012 21:35:00 EST

Reminder: Cowan, DeBaets, Abrahams and Sheppard LLP is proud to sponsor the Fordham Center on Law and Information Policy’s (CLIP's) Sixth Annual Symposium, Big Data, Big Issues later this week. (Friday, March 2, 8:30am to 6pm). The event, which immediately sold out, addresses the new form of data processing, “Big Data,” in which computers analyze massive databases to make useful predictions, and the benefits and risks this brings, including threats to individual privacy. The conference examines the rise of Big Data and considers how the law can address its privacy concerns without hampering innovation. CDAS Partner Eleanor M. Lackman serves on the Board of CLIP which helped advise, guide, and plan the conference --- CLIP’s marquee event of the [...]

Am Law Daily on "Unraveled"

Mon, 27 Feb 2012 11:58:00 EST

Am Law Daily's recent article on the upcoming release of Unraveled, “Get Ready for the Marc Dreier Movie”, features links to interviews with Mr. Dreier and with the director/producer -- CDAS partner Marc H. Simon -- and background on Cowan DeBaets Abrahams & Sheppard LLP.

This feature documentary about disgraced attorney and philanthropist Marc Dreier, will be released by Go Digital on VOD and in theaters on April 13, 2012. Additionally, Showtime and CNBC have acquired TV rights to the film. Unraveled was produced by Mr. Simon, CDAS client Matthew Makar of Elementary Films, Steven Cantor of client Stick Figure Productions and Miranda Bailey of Ambush Entertainment.

Just days before Bernard Madoff captured headlines as the largest Ponzi schemer in [...]

From Berlin: Tribeca Acquires "Side By Side" & "Arcadia" Wins Crystal Bear

Mon, 20 Feb 2012 10:37:00 EST

Berlin/New York: Tribeca Film announced it has acquired North American rights to Side by Side, after its premiere at the Berlin Film Festival. The documentary is an illuminating journey exploring the transition from film to digital technology and its implications, featuring top directors, producers, cinematographers and many others. Produced and hosted by Keanu Reeves and directed by Chris Kenneally, it is a compelling look at the past and future of cinema. Variety notes the fair use clips featured in the film, an aspect CDAS Partner Marc H. Simon's work focused on. The deal was negotiated on behalf of the filmmakers by Marc H. Simon and producer and client Justin Szlasa.

The family drama Arcadia won the festival’s Crystal Bear. Marc H. Simon is providing production [...]

CDAS @ Social Media Week 2012: “Nets of Social Networks: Minimizing Legal Risk in Social Media”

Wed, 08 Feb 2012 08:38:00 EST

Once again Cowan, DeBaets, Abrahams & Sheppard LLP presented an exciting event on February 16 during global Social Media Week. “Nets of Social Networks: Minimizing Legal Risk in Social Media” featured Partner Kenneth N. Swezey and Partner Eleanor M. Lackman who presented on an array of legal issues affecting the social media landscape. Topics included best practices for mobile terms of use, intellectual property issues in navigating Apple/Android/Amazon application stores, handling cease-and-desist letters, compliance with the Child Online Privacy Protection Act (COPPA) and more. An entertainment and informative q&a followed which also featured CDAS Partner Joshua B. Sessler.

Go Digital Acquires Marc H. Simon’s Unraveled

Wed, 08 Feb 2012 07:36:00 EST

As reported in Variety, The Hollywood Reporter and Deadline today, Go Digital has acquired U.S. rights to CDAS Partner Marc H. Simon’s feature documentary Unraveled, about disgraced attorney and philanthropist, Marc Dreier, and will be releasing it on VOD and in theaters on April 13, 2012. Additionally, Showtime and CNBC have acquired TV rights to the film. Unraveled was produced by Mr. Simon, CDAS client Matthew Makar of Elementary Films, Steven Cantor of client Stick Figure Productions and Miranda Bailey of Ambush Entertainment.

Just days before Bernard Madoff captured headlines as the largest Ponzi schemer in U.S. history, Marc Dreier,a prominent Manhattan attorney, was arrested for orchestrating a massive fraud scheme that netted hundreds of millions of [...]

Update: Clients' Films Honored

Sun, 29 Jan 2012 19:27:00 EST

As the sun sets on Sundance, we congratulate our clients whose films were honored both at the festival and at the DGA Awards this weekend.

Ai WeiWei: Never Sorry was awarded the Special Jury Prize, Documentary (which it shared with Live Free or Die) at the Sundance Film Festival this weekend. (Ai WeiWei: Never Sorry, Legal: Robert I. Freedman for producer MUSE Film/TV. Marc H. Simon represents producer Adam Schlesinger).

And Robot & Frank was awarded the Alfred P. Sloan Prize (which it shared with Valley of Saints) this weekend at Sundance. The prize recognizes excellence in exploring themes of science and technology in feature films. (For Robot & Frank, Legal: Marc H. Simon for Park Pictures).

James Marsh won the Director [...]

Report from Sundance

Tue, 24 Jan 2012 13:45:00 EST

CDAS clients’ films Robot & Frank, The Imposter, Me@TheZoo and Ai WeiWei: Never Sorry are all enjoying successful premieres this week at The Sundance Film Festival. CDAS Partner Marc H. Simon is in Park City and reports enthusiastic receptions for all our clients’ films, and other exciting events and meetings.

Acclaimed by Variety, The Hollywood Reporter and listed by the L.A. Times as a top pick at Sundance, writer/director Jake Schreier’s debut Robot & Frank is a dramatic comedy about Frank, an elderly man with declining memory, whose children concerned for his well-being buy him a caretaker robot with unexpected results. (The film has been picked up by Sony Pictures Worldwide and [...]

Oscar Nominations for "The Tree of Life"

Tue, 24 Jan 2012 08:41:00 EST

CDAS clients’ The Tree of Life was among the films leading in major Oscar categories when nominations were announced this morning.

Terrence Malick was nominated for Best Director, Emmanuel Lubezki was nominated for Best Cinematography and the film has been nominated for Best Picture.

(For The Tree of Life, Legal: Susan H. Bodine, Frederick P. Bimbler and Andrea F. Cannistraci for River Road Entertainment).

Also, Drive was nominated for Best Sound Editing (Lon Bender and Victor Ray Ennis). (For Drive, Legal: Marc H. Simon for FilmDistrict).

The 84th Academy Awards will be held on Sunday, Feb. 26 at 7 p.m. ET

"Hunger Games" Spiking Sales “whipping up a five-alarm box-office fire”" -– NY Times

Tue, 24 Jan 2012 08:00:00 EST

Sales of Suzanne Collins’ The Hunger Games trilogy are spiking, reports this week’s New York Times. When production began last year on the Lionsgate adaptation of the Hunger Games trilogy there were 9.6 million books in the trilogy in circulation. An online marketing push and MTV spotlights “added kindling” to buzz already spreading across the internet, and by November 16 million books in the trilogy were in print in the U.S. There are now 23.5 million Hunger Games books in print in the domestic market.

The Hunger Games film, which opens March 23 and stars Jennifer Lawrence as the young heroine Katniss Everdeen, takes place in a post-apocalyptic world where the government televises an annual fight to the death [...]

Kenneth N. Swezey at The Literary Works and Related Rights Committee

Fri, 20 Jan 2012 23:43:00 EST

The Literary Works and Related Rights Committee meets Monday, January 23 at the New York City Hilton during the NYSBA 2012 Annual Meeting, to discuss the legal and business landscape affecting literary works, (e-books and related emerging platforms) and strategies to meet these and other growing innovations in publishing and content distribution. Kenneth N. Swezey co-chairs this committee.

The Literary Works and Related Rights Committee seeks to digest, synthesize, and establish a discourse on the intersection of the legal and business landscape affecting literary works. The Committee addresses intellectual property rights in literary works and transactional strategies to meet these and other innovations in publishing and content distribution.

Mary E. Rasenberger at CSUSA’s "Registration and Recordation in the 21st Century"

Fri, 20 Jan 2012 10:41:00 EST

On Saturday, February 4, (from 12:30pm to 1:30pm), CDAS Partner Mary E. Rasenberger will be at The Copyright Society of the USA’s 2012 Mid-Winter Meeting in L.A. on the panel with the Copyright Office entitled Registration and Recordation in the 21^st Century. The panel addresses the future of registration and recordation and related goals of the Copyright Office over the next few years. This will include issues raised by the registration of online works, how the Copyright Office’s electronic registration system has changed registration practices, revisions to the Copyright Office Compendium currently underway, registration developments in foreign countries and an interactive discussion of the process. This is the last panel of the day and meeting.

Cowan DeBaets Abrahams & Sheppard LLP is proud [...]

Broadcastr at Dealmakers Summit 2012

Thu, 19 Jan 2012 10:04:00 EST

The annual DeSilva+Phillips Media Dealmakers Summit 2012, now in its tenth year, will be held Thursday, February 2 at the Pierre Hotel in New York City.

Last year, over 250 attendees, representing a combined $85 billion in 2010 M&A transactions, attended the summit. This year Andy Hunter and Scott Lindenbaum, co-founders of Broadcastr will be joining the distinguished lineup of speakers and moderators. Broadcastr is a new social-media platform for location-based audio that allows its users to listen, create and share recordings on an interactive map, and in Geoplay mode, hear relevant stories about their surroundings automatically stream through smartphones - like a “museum audio tour of the world”.

CDAS Partner Joshua B. Sessler represents Broadcastr.

Meet Math & Science Prodigy Jake Barnett

Wed, 18 Jan 2012 22:05:00 EST

After some time auditing college level physics courses by night, math prodigy Jake Barnett soon dropped-out... of elementary school.

He was 8 years-old.

At age 12 he was doing paid scientific research, and today he is a straight-A honors college sophomore lecturing crowds at his university science symposium. Jake is now 13 years-old.

To help demonstrate he was ready for college, Jake taught himself all of high school mathematics in just two weeks. (His idea of fun is reciting from memory the infinite series of numbers known as pi, he memorized more than 200 in the series, backward and forward, in a single afternoon). Jake is the youngest person to be published in the prestigious physics journal “Physical Review A” and is the [...]

Mary E. Rasenberger at 21st Century Copyright Gone Wild

Wed, 18 Jan 2012 10:28:00 EST

CDAS Partner Mary E. Rasenberger will be speaking at Columbia Law this Thursday, January 26, from 12:10pm to 1:20pm on a panel entitled “21^st Century Copyright Gone Wild: New Terms for Works in the Public Domain, Trying to Stop Foreign Peer-to-Peer Websites & So Much More!”

The event, co-hosted by two Columbia Law School student groups, the Federalist Society and the Entertainment, Arts and Sports Law Society, will be held in the main law school building, Jerome Greene Hall, room 105.

Robert J. Epstein at the Midem Music Conference, Cannes

Tue, 17 Jan 2012 11:00:00 EST

The annual global music conference Midem takes place in Cannes from Saturday January 28 through Tuesday January 31. This global conference brings together nearly 7,000 participants, and approximately 1000 companies, including labels, publishers, artists, distributors and many others from over 77 countries. CDAS Special Counsel Robert J. Epstein will attend.

Al J. Daniel on Copyright Law and Its Basic Concepts

Tue, 17 Jan 2012 10:18:00 EST

CDAS Partner Al J. Daniel is a panelist at the Copyright Law Committee’s Law Clerks Copyright Seminar entitled Copyright Law and Its Basic Concepts, Wednesday, January 25, 6pm -- 9pm, at the City Bar at 42 West 44th Street, NYC. The program will overview the key concepts in copyright law in the U.S., including how case law and interpretations have evolved and continue to evolve in the age of the internet and emerging content delivery.

Is Your Business In Compliance With The Wage Theft Prevention Act?

Wed, 11 Jan 2012 16:31:00 EST

        Under a recently enacted New York statute, the Wage Theft Prevention Act (WTPA), all private sector New York employers are required to provide all employees performing work in New York a written notice advising them of their wage/salary rate. These written notices are due on or before February 1, 2012.

Background

        In December 2010, Governor David Paterson signed the Wage Theft Prevention Act into law. The WTPA significantly amended New York’s Labor Law and is intended to be one of the strongest employee protection acts in the nation. It greatly increased employers’ affirmative obligations as well as increased the civil and criminal penalties for failing to comply. Part of the law’s intent appears to be directed [...]

Viacom v. YouTube/Google: How Red Must a Red Flag Be?

Thu, 22 Dec 2011 14:37:00 EST

Update: In an update to the below, on Thursday, April 5, 2012, the U.S. Second Circuit Court of Appeals revived and remanded the case to a lower court, instructing the district judge to determine if YouTube had knowledge or awareness of specific infringing material and whether it willfully blinded itself to that specific knowledge. Please visit this site for an analysis of this news shortly.

By Mary E. Rasenberger

In the ongoing Viacom v. YouTube lawsuit, the case is now on appeal before the Second Circuit.

In a case involving eligibility for the Section 512(c) safe harbor, Judge Louis Stanton of the Southern District of New York granted summary judgment in favor of YouTube June 23, 2010 in Viacom's copyright infringement [...]

Golden Globe Nomination for Client Sofia Vergara

Thu, 15 Dec 2011 15:09:00 EST

Frederick P. Bimbler and all of us congratulate client Sofia Vergara on her Golden Globe nomination for Best Performance by an Actress in a Supporting Role in a Series, Mini-Series or Motion Picture Made for Television. The announcement came the day after her Screen Actors Guild nomination for Oustanding Female Actor in a Comedy Series.

Modern Family itself also picked up a Golden Globe nomination for Best Television Series – Comedy or Musical, individual nominations for others in the cast and also led in SAG Award nominations. We’ll be watching the 69^th Annual Golden Globe Awards on Sunday January 15, 2012 and the SAG Awards on Sunday January 29, 2012.

Mary E. Rasenberger on Panel Discussing the Google Books Settlement

Tue, 06 Dec 2011 16:46:00 EST

In March, the proposed settlement between Google and book publishers and authors over Google’s book scanning and book search programs, was rejected.  On November 30, at the 2011 Conference on Copyright and Technology, a panel of legal experts including CDAS Partner Mary E. Rasenberger considered the unanswered questions that decision left behind. Click here to LISTEN to this panel “The Google Books Settlement: Good Riddance or Lost Opportunity?" (This podcast is part of the Copyright Clearance Center’s “Beyond the Book" series).

A Week of Honors for Clients' Films

Sat, 03 Dec 2011 17:21:00 EST

The Tree of Life tied for Best Feature at the 21st Annual Gotham Independent Awards in New York Monday night. The next day the 2011 New York Film Critics' Circle Awards were announced; Brad Pitt (Best Actor) and Jessica Chastain (Best Supporting Actress) both won for The Tree of Life which also took the award for Best Cinematography. Werner Herzog's Cave of Forgotten Dreams won the NY Film Critics' Circle award for Best Non-Fiction Film. Also, the documentary Project Nim joined the quintet of films nominated yesterday by the Producer's Guild of America (PGA) for its documentary feature award. Only a few days earlier Project Nim had advanced in the Oscar race for Best Documentary Feature as it moved up to join [...]

CDAS Presents a "Copyight & Trademark Law Primer" at PLI

Sat, 03 Dec 2011 13:41:00 EST

On Friday December 9 from 2:15pm to 3:30pm, CDAS attorney Zehra J. Abdi presents "Copyright and Trademark Law Primer" at the Practising Law Institute (PLI). This primer is part of PLI's annual Bridge-the-Gap program; newly admitted attorneys may attend the two-day Bridge-the-Gap program to satisfy all of their annual MCLE requirements.

Eleanor M. Lackman Speaks at PLI's "IP Licensing Issues"

Sat, 03 Dec 2011 07:29:00 EST

On Thursday January 19, 2012from 3:30pm to 5pm, Eleanor M. Lackman speaks on the panel “IP Licensing Issues” at the IP Issues in Business Transactions 2012 conference at the Practising Law Institute (PLI). Ms. Lackman will address IP strategies and protections necessary to achieve a timeline of goals for transactions involving copyright, trademark and publicity rights. Topics include grant backs, sublicensing rights, first sale issues, enforcement, quality control and more.

Legal Blog

Tue, 29 Nov 2011 08:10:00 EST

Buzz Aldrin Grounded

Sat, 19 Nov 2011 08:13:00 EST

By Nancy E. Wolff

The Topps Company recently released a set of “American Heroes” trading cards which include well-known politicians, actors, athletes, scientists and events. Famed astronaut Buzz Aldrin attempted to block the release of certain cards believing the cards improperly incorporate his name, likeness and image in a commercial manner. The cards in question include the famous “Visor Shot” image of Aldrin on the outside of the cardboard box packaging, a mission card, and a “signature cut” card which contains original signatures taken from other documents.

Aldrin brought the suit in a California Federal Court alleging violations of California’s common law and statutory rights to publicity, among other claims. Topps moved to strike the complaint [...]

Mary E. Rasenberger on the Google Books Settlement

Sat, 19 Nov 2011 07:32:00 EST

On Sunday, November 30, from 11:30am to 12:45pm, CDAS Partner Mary E. Rasenberger will be speaking at the C&T Conference on Copyright & Technology 2011. Her panel “The Google Book Settlement: Good Riddance or Lost Opportunity?”will be held at the Manhattan Penthouse. Now that the settlement is dead, what will happen next? What should happen?

Nancy E. Wolff on Art Law Panel at NYCLA

Sat, 12 Nov 2011 07:33:00 EST

On Friday, November 18 (8:45am – 5:30pm) Nancy E. Wolff joins a panel of experts on art law at the NYCLA, 4th Annual Art Litigation and Dispute Resolution Institute. (CLE credit available).

CDAS Congratulate Clients’ Films Opening Today!

Fri, 11 Nov 2011 07:35:00 EST

CDAS congratulates our clients on their films opening today. Elite Squad: The Enemy Within, Brazil’s highest-grossing domestic film and its Oscar bet for Best Foreign Film, opens today in the U.S.

Also Werner Herzog’s Into the Abyss opens today in limited release. The Rum Diary starring Johnny Depp, which opened in the U.S. a week ago, has its U.K. opening today. And Immortals opens across the country today including in 3-D.

(For Elite Squad: The Enemy Within, Legal: Susan H. Bodine for director Jose Padilha. -- For Into the Abyss, Legal: Marc H. Simon for Creative Differences. -- For The Rum Diary, Legal: Marc H. Simon for FilmDistrict. -- For Immortals, Legal: Susan H. Bodine for Universal International).

Mary E. Rasenberger at Anti-Piracy Summit

Fri, 11 Nov 2011 06:36:00 EST

Tuesday November 15 from 9:45am to 10:30am, Mary E. Rasenberger will speak on the panel “Around the World: Recap of Recent Legislative Efforts” at The Anti-Piracy and Content Protection Summit in Sentry Center, NYC. (The entire festival runs November 14-16^th). Topics include updates on the pending Protect IP Act, new international regulatory proposals, and international ip support.

Mary E. Rasenberger Speaks on Righthaven at IPLJ

Thu, 10 Nov 2011 07:37:00 EST

On Friday November 11, from 9:30am to 3:45pm, CDAS Partner Mary E. Rasenberger will speak at the 2011 IPLJ at a Fordham School of Law conference, “IP Bullying or Proactive Enforcement?” about the Righthaven cases.

Eleanor M. Lackman – The New Frontier: Clouds

Thu, 10 Nov 2011 06:38:00 EST

Eleanor M. Lackman speaks on a panel entitled “The New Frontier: Clouds” as part of the 23^rd Annual North American Entertainment, Sports and Intellectual Property Law Conference in Cabo San Lucas, Mexico on November 12. This plenary, the closing panel of the conference, focuses on cloud-based media and how to navigate the web of IP, business and legal concerns in this rapidly evolving frontier.

Jennifer Fox’s My Reincarnation In Theaters

Thu, 10 Nov 2011 05:39:00 EST

The critically-acclaimed documentary My Reincarnation is now in theaters in New York, poised to expand to other markets. Jennifer Fox’s documentary follows Yeshi, the Westernized son of Buddhist master Chogal Namkhai Norbu. Yeshi has been acknowledged since the age of 5 to be the reincarnation of Khyentse, a great Dzogchen Buddhist master himself. Still Yeshi through his teens rebuffs a life expected by others as he remains emotionally estranged from his father. This award-winning film traces Yeshi’s spiritual awakening as he struggles with who he truly is. (Legal: Robert I. Freedman for director/producer Jennifer Fox, and Zohe Films).

Andrea F. Cannistraci at Stock Footage: Creative Uses, Licensing and Fair Use at PIIP

Thu, 10 Nov 2011 04:40:00 EST

"Stock Footage: Creative Uses, Licensing and Fair Use", an educational event co-hosted by the Parsons Institute for Intellectual Property (PIIP) and the Association of Commercial Stock Footage Licensors (ACSIL), was a great success. Panelists, including Andrea F. Cannistraci, spoke November 3 about the use of stock footage to produce content across media, the creative and legal opportunities and limitations inherent in using stock footage and the practical issues of licensing, clearances and the applicability of Fair Use doctrine. ACSIL is a non-profit association dedicated to promoting and advancing the professional interests of the stock footage industry. The Parsons Institute for Intellectual Property at The New School focuses on [...]

Spreecast Launches Today!

Thu, 10 Nov 2011 03:41:00 EST

We congratulate Spreecast -- a social video platform that lets people broadcast together -- o n its launch today. Marc H. Simon was pleased to be one of the inaugural Spreecasts as he was interviewed by Spreecast founder Jeff Fluhr about Unraveled, the 2011 documentary produced and directed by Mr. Simon and co-produced by CDAS client Stick Figure Productions.

Mobcaster Launches Today!

Thu, 10 Nov 2011 02:42:00 EST

Mobcaster, a crowd-funding platform / online television channel launches today. Mobcaster pioneers an innovative way to discover and watch new television shows. This site allows TV creators to pitch their show ideas directly to the audience who then have the chance to choose what gets made. If audience members like the concept, they can pledge directly to the shows they want to see and if there is enough support, the show is produced. Fresh, talented writers and producers now have a platform to build their audience who then return to watch original, independent, audience-supported television programming. (Legal: Andrea F. Cannistraci and Joshua B. Sessler).

Kenneth N. Swezey @ Storyworld

Thu, 03 Nov 2011 07:43:00 EDT

Kenneth N. Swezey spoke on a panel discussing how to structure deals for transmedia properties at Storyworld in San Francisco on November 1st, the conference for multiplatform storytelling that reaches audiences across all platforms, from films, to books, games, social media and much more. The well-received panel “Pitching and Selling Your Idea – Challenges and Parameters” covered a host of challenges encountered in this emerging digital content format from initial pitching and steering your intellectual property from idea to execution, including deal structuring, leveraging new contracts and many strategies to develop your IP in conjunction with publishers, digital media producers, and studios involved in transmedia projects.

News Blog

Thu, 03 Nov 2011 05:37:00 EDT

CLIENT ADVISORY: Sunrise Period for Trademark Owners Seeking to Defensively Block Registrations of .xxx Domain Names Is Now Open

Tue, 01 Nov 2011 08:15:00 EDT

The new .xxx top-level domain (TLD), designed to cater to the online adult entertainment community, is now available for registrations. But brand owners with registered trademarks outside that industry have a limited opportunity to defensively block registrations before the operator of a pornographic website claims BRAND.xxx – as long as the brand owner acts before the blocking period closes on October 28, 2011. After that date, trademark blocks will no longer be available.

Background and Key Dates

In late March of this year, the Internet Corporation for Assigned Names and Numbers (ICANN) approved .xxx as a new sponsored TLD designed for use by providers of “online adult entertainment intended for consenting adults,” and those [...]

DOC NYC features Unraveled, First Position, Into the Abyss, No Look Pass and On Being There with Richard Leacock

Thu, 20 Oct 2011 09:30:00 EDT

DOC NYC features Unraveled, First Position, Into the Abyss, No Look Pass and On Being There with Richard Leacock

Unraveled screens at DOC NYC November 5^th and 9^th. Directed and produced by CDAS Partner Marc H. Simon (After Innocence, Nursery University) and co-produced by Frederick P. Bimbler's client Stick Figure Productions, Unraveled is an intimate portrait of Marc Dreier, a prominent Manhattan attorney, arrested for orchestrating a massive fraud scheme that netted hundreds of millions of dollars from hedge funds. Interwoven with flashbacks, Unraveled is set in the "purgatory" of house arrest -- an upper East Side penthouse -- where the Court has ordered Dreier confined until his sentencing day.

First Position also screens November 5^th at DOC NYC. Directed and produced by Bess Kargman, this documentary follows six aspiring dancers (ages 9-19) as they prepare for the ballet's toughest youth competition. The film has enjoyed raves from critics including [...]

Jim Harrison’s Novel The Great Leader on NYT Bestsellers List

Thu, 20 Oct 2011 08:03:00 EDT

Hitting the New York Times Bestsellers List this week, Jim Harrison’s newest novel The Great Leader finds his aging protagonist, Sunderson, hunting a cult leader. Pete Dexter in the New York Times writes, “it carbonates page after page. You might go so far as to compare it to Joe DiMaggio’s 56-page hitting streak.”… “30 odd books down the road and you can still feel the excitement every time he (Harrison) pulls something out of his ear, which pretty much happens on every page he writes.”… “Jim Harrison can break all the rules he wants and come out smelling like a rose.” J. Stephen Sheppard represents Mr. Harrison.

The Brisket Book: A Love Story with Recipes

Thu, 20 Oct 2011 05:05:00 EDT

Food writer, cookbook author, and brisket zealot Stephanie Pierson’s The Brisket Book: A Love Story with Recipes is now available in hardcover and e-book. "Some foods will improve your meal, your mood, your day, your buttered noodles. Brisket will improve your life,” Ms. Pierson declares. From Scandinavian Aquavit Brisket, to a Barbecued Brisket Sandwiches with Firecracker Sauce, to a vegetarian Seitan Brisket, there are recipes for every taste and occasion. “Brisket is a cross-cultural wonder,” Ms. Pierson writes, “a Jewish dish cooked in a Dutch oven with a Sicilian sauce served in North Dakota.” J. Stephen Sheppard represents Ms. Pierson.

CDAS Client NDI Gets Its Own Stage

Sun, 16 Oct 2011 10:08:00 EDT

For 35 years, CDAS client The National Dance Institute (NDI) has rented and borrowed space as it brought performance and arts education to thousands of New York City public school students, but last Tuesday a ribbon cutting ceremony opened NDI’s new home, in what was formerly P.S. 90 Public School, in Harlem. “I think of the center as a crucible of learning and the arts,” said Mr. d’Amboise, 77, founder of NDI and the subject of “He Makes Me Feel Like Dancin’,” which won the 1983 Oscar for best feature documentary. Mayor Michael Bloomberg and other dignitaries were on hand for the ribbon-cutting. CDAS’ Robert I. Freedman, who represents Mr. D’Amboise and NDI, has been an NDI Board Member for [...]

Wishful Drinking’s Chicago Run Opens to Raves

Wed, 05 Oct 2011 18:32:00 EDT

Hot off two Emmy nominations for the filmed HBO special of her Broadway one-woman live performance, Wishful Drinking, Carrie Fisher’s Chicago run has opened to raves.

Chris Jones in the Chicago Tribune writes: “It's a savvy highlight of an extraordinarily well-constructed solo show: as shrewd and arresting and deliciously meta, a celebrity solo confessional as you are ever likely to see…”. And from the Chicago Stage Review: “Her banter with the audience is delightfully funny, confident and as fearless as her personal exposé… She is having a great time at her own expense and she creates a wonderfully intelligent, profoundly personal and extremely entertaining evening [...]

Eleanor M. Lackman Named to INTA’s Internet Committee

Wed, 05 Oct 2011 10:11:00 EDT

Eleanor M. Lackman has been appointed to INTA’s Internet Committeefor the 2012-2013 term. The International Trademark Association (INTA) is an organization of several thousands of members from over 190 countries. Its Internet Committee advises INTA on policies and advocacy related to trademarks and the internet including domain name issues and matters involving general online trademark use. “It is an honor to be selected to join leading trademark practitioners from law firms, technology companies and other major corporations from around the world, to discuss and advise on legal and policy issues that will impact trademark owners and online trademark use in particular,” Ms. Lackman reports.

Elite Squad: The Enemy Within is Brazil’s Oscar Bet

Tue, 04 Oct 2011 18:35:00 EDT

Elite Squad: The Enemy Within is Brazil’s Oscar Bet

Director José Padilha's Elite Squad: The Enemy Within (Tropa de Elite 2), Brazil’s submission for the 84th Academy Awards, opens November 11 in the U.S. This gritty crime thriller, (which passed its predecessor Elite Squad as Brazil’s most successful movie of all time), uncovers a far-ranging web of corruption amongst the special military police assigned to clean up the crime-ridden favelas of Rio. Next up, Mr. Padhila helms the re-boot of Robocop. Susan H. Bodine represents Mr. Padilha and provided production and distribution legal services for the film.

CDAS Brings In Two New Partners to Expand Its Copyright, Trademark & Digital Media Practice

Mon, 26 Sep 2011 18:46:00 EDT

Mary E. Rasenberger (at left) and Eleanor M. Lackman (at right)
CDAS Brings In Two New Partners to Expand Its Copyright, Trademark & Digital Media Practice

Cowan DeBaets Abrahams & Sheppard LLP is expanding its digital media and intellectual property practice with strategic hires of two well-known attorneys in the copyright and trademark fields, Mary E. Rasenberger and Eleanor M. Lackman, who have joined the firm, each as a partner. (PLEASE CLICK HERE TO READ THE FULL PRESS RELEASE).

Also, Cowan, DeBaets, Abrahams & Sheppard LLP is pleased to announce:

Matthew A. Kaplan and Joshua B. Sessler have been promoted to partner.

David E. Ashley and Joshua S. Wolkoff have joined the firm as associates.

Janis C. Nelson joins the firm as Of Counsel in the firm’s Beverly Hills Office.

Relatively Speaking Now in Previews

Tue, 20 Sep 2011 18:56:00 EDT

Relatively Speaking, a comedy made up of one-act plays by Ethan Coen, Woody Allen and Elaine May, began previews September 20 and opens October 20 on Broadway. Frequent Coen Brothers collaborator John Turturro directs the cast which includes Julie Kavner. Each of the three one-acts follows a different branch of a single family tree. Timothy J. DeBaets represents Edward Walson, the co-producer of Relatively Speaking. (Mr. Walson is also an independent film producer (City Island) and cable television owner, he and his family own Service Electric Cable TV systems).

Timothy J. DeBaets & Robert I. Freedman: Super Lawyers

Tue, 20 Sep 2011 17:57:00 EDT

Timothy J. DeBaets has been named a Super Lawyer, and for the sixth year in a row, Robert I. Freedman has been named a Super Lawyer. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas; the selection process includes independent research, peer nominations and peer evaluations. Super Lawyers magazine features the list and profiles of selected attorneys and is also published as a special section in leading city and regional magazines.

Client FilmDistrict’s Drive Owns the Road

Mon, 19 Sep 2011 08:04:00 EDT

Just as the race for audiences' and critics' summer winner seemed at its end, CDAS client FilmDistrict’s Drive is pulling to the front. Hot off its Cannes’ Best Director honors for Nicholas Winding Refn, Drive wound through last week’s Toronto International Film Festival with a boost of excitement. Since opening across the country last Friday, the film is generating broad critical heat right off the starting line. This high-octane action-drama stars Ryan Gosling as a wheelman who drives movie stunts by day and a getaway car by night. Marc H. Simon, who represents FilmDistrict, congratulates his client as their winning streak continues in "over Drive".

Toronto Film Festival: Into the Abyss, First Position, Think of Me & Dark Horse

Mon, 19 Sep 2011 07:06:00 EDT

Toronto Film Festival: Into the Abyss & First Position

Werner Herzog’s Into the Abyss opened at the Toronto International Film Festival. (The ten-day festival ended this last weekend). The documentary takes us inside a Texas prison to meet inmates convicted of triple homicide. And First Position premiered at Toronto. Directed and produced by Bess Kargman, this documentary follows six aspiring dancers (ages 9-19) as they prepare for the ballet world's toughest youth competition. The film has enjoyed raves from critics including Variety. Marc H. Simon is handling the legal services and negotiations for the distribution of both films and has also handled the financing and production for First Position.

Variety reports that following the standing ovation for First Position, buyers were “immediately on the phone” and [...]

Madonna’s Not the Only “Material Girl”: Judge Denies Summary Judgment

Sun, 18 Sep 2011 08:17:00 EDT

By Nancy E. Wolff

In California, a Federal Court Judge denied the defendent's -- Madonna's -- Motion for Summary Judgment that she is the "senior trademark user" of the "Material Girl" mark. This now clears the path for a lawsuit by the plaintiff, clothing company L.A. Triumph, which has sold a "Material Girl clothing line since 1997.

            Madonna and her company MG ICON, LLC claim that she was the first to create, use, and popularize the mark through her 1985 song, “Material Girl,” its accompanying video, and sales of clothing through her worldwide tours over the years since.

            At the heart of the case is the issue of what defines seniority in legal use of a mark. Madonna [...]

Good Day for Green Day: Judge Rules in Favor of Fair Use

Sun, 18 Sep 2011 08:16:00 EDT

By Nancy E. Wolff

In a lawsuit against the band Green Day, by Derek Seltzer (an L.A. Based Artist), the U.S. District Court Judge ruled in favor of Green Day in a motion for summary judgment on the basis of their fair use defense. Seltzer accused Green Day of violating his intellectual property rights through their unauthorized use of, and by altering, Seltzer’s notorious work, “Scream Icon”. Green Day’s use of the work appeared in a video backdrop during live performances of their song East Jesus Nowhere, throughout their 2009 tour.

            Green Day undisputedly used the image and their set designer, Richard Straub (also a defendant), admitted to altering the image by adding a brick wall with a large [...]

Congratulations to Our Emmy-Nominated Clients

Sun, 18 Sep 2011 08:07:00 EDT

Frederick P. Bimbler’s client Sofia Vergara was nominated for Outstanding Supporting Actress for a Comedy Series, for her work in Modern Family.

Carrie Fisher’s Wishful Drinking (HBO) was nominated for Outstanding Variety, Music or Comedy Special (and the show also picked up a nomination for Outstanding Picture Editing for a Special). Mr. Bimbler represents Carrie Fisher and the live-stage show currently on tour in North America.

Stand Up To Cancer was nominated for an Emmy for Outstanding Non-Fiction Special. Stephen Sheppard, with assistance from Andrea Cannistraci and Robert Epstein, represents Stand Up To Cancer.

Smash His Camera (HBO) directed by Leon Gast was nominated for Outstanding Arts & Culture Programming. Marc H. Simon [...]

Update On Google Books Settlement

Sun, 18 Sep 2011 07:18:00 EDT

By Mary E. Rasenberger

In a new twist in the Google Books case, it appears that the publishers and authors may be going separate ways. The parties had a conference with Judge Denny Chin this past Thursday, September 15th. Judge Chin had admonished the parties in the last conference on July 20th to hasten their settlement discussion and to come prepared on September 15th with a new settlement agreement, and if no settlement could be reached, a discovery and briefing schedule on the merits. From the start of the conference, it was clear that the parties had not come prepared to discuss a new settlement.

(PLEASE CLICK HERE to read Ms. Rasenberger's entire article on the EASL blog [...]

Sony BMG v. Tenenbaum: District Court Erred in Finding Statutory Copyright Damages Unconstitutional

Sun, 18 Sep 2011 05:19:00 EDT

By Eleanor M. Lackman

On September 16, 2011, the First Circuit reversed the district court’s opinion in Sony BMG v. Tenenbaum—which found a jury verdict awarding statutory damages to plaintiffs to be unconstitutional and reduced the amount of damages on that ground -- thereby reinstating the jury’s award of $675,000 to the plaintiff copyright holders.

Background of the appeal

The 65-page ruling stems from one of only two cases to have gone to trial in the group of lawsuits brought by record companies against individual file-sharers. The legal issues on appeal arose from a five-day trial in 2009, which pitted Sony BMG and other record companies against Joel Tenenbaum. Sony alleged that Tenenbaum willfully infringed the [...]

War for your “App Store”: Apple vs. Amazon: Federal Judge Unconvinced

Thu, 01 Sep 2011 11:21:00 EDT

By Nancy E. Wolff

Federal Judge Phyllis Hamilton of the U.S. District Court for the Northern District of California, denied Apple’s request for a preliminary injunction to bar Amazon.com from referring to its online software marketplace as an “Appstore” pending the outcome of Apple’s  suit regarding the matter. Since 2008, Apple has used the term “App Store” to describe the online location where its shoppers can purchase software applications for their mobile devices (such as the iPhone and iPod). Since then, the online market has become saturated with similar downloadable software applications for mobile devices and online shops to purchase these products.

            Apple argued that the term “App Store” was suggestive and [...]

Christian Louboutin and the Fight for Your Red Sole!

Thu, 01 Sep 2011 10:22:00 EDT

By Nancy E. Wolff

Christian Louboutin (“Louboutin”), the popular shoe company, has sued several other companies for the infringing use of their trademarked red sole which has become synonymous with the brand’s identity for over 20 years. Louboutin first registered the red sole in 2008 and has since sued such brands as Carmen Steffans, Oh…DEER!, and most recently Yves Saint Laurent (“YSL”). Louboutin claimed YSL, another brand associated with luxury, infringed their trademark with YSL’s new line of shoes, that include red-soled shoes amongst other colors.

            In the complaint, Louboutin claimed YSL sought to take advantage of their brand recognition as an attempt to confuse the public and thereby impaired Louboutin in their ability to [...]

Defendant’s Attorney's Fees Awarded After Successfully Defending Against Infringement Claim

Thu, 01 Sep 2011 09:22:00 EDT

By Nancy E. Wolff

The American Society of Composers, Authors, and Publisher’s (“ASCAP”) successfully defended against a claim of copyright infringement asserted by Latin American Music Company (“LAMCO”) and, as a result, was awarded over $82,000 in attorney’s fees and costs. The U.S. Court of Appeals for the First Circuit stated that the Copyright Act did not prohibit the recovery of attorney’s fees in a case of non-infringement where the defendant prevails against the assertion.

            LAMCO, a music publishing company based in New York, claimed that ASCAP along with other defendants, infringed their rights in over 500 music compositions. As ASCAP, successfully defended against the case by jury verdict, they moved for and were awarded attorney’s [...]

How Much Is Too Much? Transformative Works vs. Derivative Works: Photographer Wins Appropriation Art Copyright Case

Thu, 01 Sep 2011 08:23:00 EDT

By Nancy E. Wolff and Kenneth N. Swezey

Patrick Cariou, a professional photographer won his case in District Court in New York against well-known appropriation artist Richard Prince and the Gagosian Gallery after several of Cariou’s pieces were appropriated without consent in Prince’s “Canal Zone” series showing at the Gagosian in 2008.

            Prince admits to appropriating a total of 41 photographs from Cariou’s book, “Yes, Rasta” published in 2000, for his show but claimed the “fair use” defense, citing that his work was sufficiently transformative to be deemed a new work of art. The District Court disagreed. Judge Deborah Batts, granted a Motion for Summary Judgment in favor of Cariou on the issue of copyright infringement and [...]

Supreme Court to Consider Constitutionality of Act Restoring Certain Foreign Copyrights

Thu, 01 Sep 2011 07:24:00 EDT

By Al J. Daniel, Jr.

On March 2, 2011, the Supreme Court of the United States granted certiorari in a 10^th Circuit case to review whether the Court of Appeals correctly upheld the constitutionality of §104A of the Copyright Act, which created or restored U.S. copyright protection to foreign works in 1996 which never had U.S. protections or had earlier fallen into the public domain in the U.S. because they failed to comply with certain formalities of U.S. copyright law. Petitioners claim that the 15 year-old statute violates the Copyright Clause by restoring copyrights of public domain works and violates a First Amendment right to exploit these restored works without permission from the owners.

        This will be [...]

What’s Protectable?: Claim of Copyright Infringement of LaChapelle’s Photos in Rihanna’s ‘S&M’

Thu, 01 Sep 2011 00:20:00 EDT

Shira Scheindlin, a U.S. District Court Judge in the Southern District of New York, recently denied Robin “Rihanna” Fenty’s (“Rihanna”) Motion to Dismiss the copyright infringement element of a claim instituted by famed photographer David LaChapelle regarding Rihanna’s highly sensationalized ‘S&M’ video. LaChapelle asserts that the protectable elements of eight of his photographs were used in the creation of the video. The court ruled that LaChapelle successfully proved that a Motion to Dismiss was improper because the video was “substantially similar to particular original expressions of the subjects in the photos.”

            LaChapelle argued that although certain themes were not protectable (e.g. S&M, bondage), the way he “selects and orchestrates [...]

CDAS a Founding Member of Copyright Alliance’s Legal Advisory Board

Tue, 09 Aug 2011 08:08:00 EDT

Washington, August 9, 2011 - The Copyright Alliance announced the establishment of a Legal Advisory Board that includes CDAS as a founding Advisory Board member. Committed to promoting the cultural and economic benefits of copyright, the Copyright Alliance brings together a broad panoply of parties, from artists’ unions to major publishers. Its Legal Advisory Board will work with the Alliance and its membership to advance copyright strategy and develop a variety of projects and programs, including providing assistance to individual artists and creators, hosting educational events and webinars, expanding work with law schools and young lawyers, and contributing writing and research.

Legal

Tue, 12 Apr 2011 20:18:00 EDT

Buzz Aldrin Grounded

By Nancy E. Wolff

November 19, 2011

The Topps Company recently released a set of “American Heroes” trading cards which include well-known politicians, actors, athletes, scientists and events. Famed astronaut Buzz Aldrin attempted to block the release of certain cards believing the cards improperly incorporate his name, likeness and image in a commercial manner. The cards in question include the famous “Visor Shot” image of Aldrin on the outside of the cardboard box packaging, a mission card, and a “signature cut” card which contains original signatures taken from other documents.

Aldrin brought the suit in a California Federal Court alleging violations of California’s common law and statutory rights to publicity, among other claims. Topps moved to strike the complaint under California’s [...]

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Tue, 12 Apr 2011 20:17:00 EDT

Eleanor M. Lackman Speaks at PLI's "IP Licensing Issues"

December 3, 2011

On Thursday, January 19, 2012from 3:30pm to 5pm, Eleanor M. Lackman speaks on the panel “IP Licensing Issues” at the IP Issues in Business Transactions 2012 conference at the Practising Law Institute (PLI). She will address IP strategies and protections necessary to achieve a timeline of goals for transactions involving copyright, trademark and publicity rights. Topics include grant backs, sublicensing rights, first sale issues, enforcement, quality control and more.

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Tue, 12 Apr 2011 19:59:00 EDT