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FOX TELEVISION’S USE OF WORD “EMPIRE” DID NOT VIOLATE RECORD LABEL’S TRADEMARK

Posted: April 3, 2018 |

Do you ever wonder why TV shows and movies typically substitute fictional names for well-known actual brand names like “Coke”, “American Airlines,” “BMW,” “New York Yankees? This is primarily because studio lawyers are extremely cautious about infringing a trademark or dealing with the hassle of a complaining trademark owner. They know that federally registered marks are protected by the federal Lanham Act, which affords robust remedies for infringement.  Lawyers for producers, studios, and networks have long steered clear of even remote trademark infringement claims, arising from unauthorized use of most brand names in expressive works such as TV shows and movies. 

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A COPYRIGHT CASE TO WATCH… SIGNIFICANT IMPLICATIONS FOR CONTENT OWNERS!

Posted: March 15, 2018 |

All owners of copyrightable content should be watching closely Fourth Estate Public Benefit Corp. v. Wall-Street.com LLC (“Fourth Estate”). This is a case filed in Florida and now progressing through the federal appeals court, with a cert. petition having been filed with the U.S. Supreme Court (“SCOTUS”). The case raises procedural issues under the Act that are of crucial significance to copyright owners who want to enforce their rights promptly in any appropriate court. SCOTUS may clarify.

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ELEMENTS TO BE INCLUDED IN A SUCCESSFUL INFLUENCER MARKETING AGREEMENT

Posted: February 1, 2018 | Tips

In previous posts we looked at recent FTC disclosure requirements for influencer agreements. Today we take another dip into this timely topic: what elements should be in an influencer contract and how do you make the relationship between brand and influencer successful? 

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BRANDS USING SOCIAL MEDIA “INFLUENCERS”… BE ALERT!

Posted: January 3, 2018 | Tips

THE FTC IS WATCHING YOUR USE OF SOCIAL MEDIA AND MAY ENFORCE COMPLIANCE WITH ENDORSEMENT AND DISCLOSURE GUIDELINES.

If your company’s brand uses social media “influencers,” did you know that the Federal Trade Commission (“FTC”) pays close attention to influencer-based marketing and is paying attention to whether you comply with its “guidelines”?  

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LAWYERS SHOULD MAINTAIN A COLLEGIAL RELATIONSHIP WITH OPPOSING COUNSEL— WHY CLIENTS SHOULD DEMAND IT AND HOW TO MAKE IT HAPPEN

Posted: December 15, 2017 | Tips

Litigation is can be expensive and nothing adds to the cost faster – with less to show for it -- than lawyers who bicker needlessly over trivia, who refuse common courtesies, who communicate only with rudeness, and who think agreement on any point is a fatal weakness.  Aggressive litigation can be carried out with collegiality between counsel, and when counsel are collegial, clients are the obvious winners.

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