Criminal or Civil Liability for Sharing Streaming Accounts?

We are at the beginning of a new era of media consumption.  Traditional content delivery systems such as satellite and cable television are hemorrhaging customers to a wave of “cord cutting” that has been facilitated by the availability of streaming services such as Hulu Plus, Netflix and HBO Go.[1]  Now that smart televisions are becoming …

Are the San Diego Chargers Moving to Los Angeles?

The Chargers are still in San Diego, but is the team moving to Los Angeles?  A clue to the organization’s intentions may be found in its trademark filings.  On January 14, 2016, the team filed a trademark application for the mark LOS ANGELES CHARGERS.  The application was signed by the Chargers President of Business Operations …

Washington Federal Court Finds Social Casino Games Not Gambling

In late November, a federal court in the Western District of Washington dismissed a class action complaint seeking recovery of monies paid to a social casino game provider because the monies were lost to an “illegal gambling operation.” The court determined that the complaint did not state a plausible claim for relief because the provider …

Getting A Handle on Twitter

With over 300 million active users,[1] Twitter has become one of the top social media platforms and an important communication tool for individuals and businesses alike. People flock to Twitter to “discover what’s happening in the world right now, to share information instantly, and to connect with people and businesses around the globe”[2]— and all …

Rights of Publicity: A Potentially Catastrophic Pitfall for the Unwary Marketer as told by Jordan v. Dominick's Finer Foods

Most marketing departments for large companies have at least a basic understanding, if not a proficient grasp, of the type of legal vetting that needs to be conducted before using an image in an ad or marketing piece.  They know that when using a photo a copyright license needs to be obtained, not to use …

Let's Get Personal – Trademark Protection for Personal Names

What’s in a name? Well, a name can suggest a lot about an individual, including their ancestry and heritage. We identify ourselves by, and answer to, our given names. It’s often the first piece of information exchanged between individuals who don’t know each other. Arguably, nothing serves as a stronger identifier of an individual than …