As more and more instances arise in which a celebrity endorser uses social media in a way that an advertiser finds objectionable, it is important that advertisers consider whether and how to tighten up contract termination language, say Howard Weingrad and Anne DiGiovanni of Davis & Gilbert LLP.
Current and former student-athletes are one step closer to forcing the National Collegiate Athletic Association and its member institutions to share their profits with them now that the Northern District of California ruled they can proceed to class certification. Lawyers should take note that the judge made it clear that the defendants' motion to strike the certification motion was not the correct avenue to take, say attorneys with Zelle Hofmann Voelbel & Mason LLP.
On March 4, the Obama administration said that consumers should be able to unlock their cellphones without risking penalties — a response to the librarian of Congress making unlocking illegal by altering a Digital Millennium Copyright Act exemption. The DMCA provides for a triennial exemption review process by the librarian, which has resulted in irrational results that often have little to do with protecting copyrights and significant impact on consumers, says Danica Mathes of Bell Nunnally & Martin LLP.
While mergers in other industries are driven by cost efficiencies or economies of scale, law firm mergers are typically focused on the potential to leverage clients and the overall quality of the attorney population, branding and market position. As a result, full disclosure of third-party vendor or support function operating costs can be a secondary concern until after the deal closes. Firms need to hit the ground running the moment the merger is inked, says Matthew Sunderman of HBR Consulting LLC.
After receiving a directive from the Second Circuit to rewrite Christian Louboutin SA’s trademark for red-soled footwear, the U.S. Patent and Trademark Office recently narrowed the scope of Louboutin’s red sole mark. While this trademark battle may have finally come to an end and both parties have claimed victory, fashion designers must remain wary of litigation in the future, for the law remains unsettled, says Daniel Englander of Robins Kaplan Miller & Ciresi LLP.
The recent decision by the Wisconsin Court of Appeals in Air Engineering Inc. v. Industrial Air Power demonstrates that Internet advertising, even if tailored to specific customer inquiries or search terms, qualifies as an "advertising idea" — meaning that there may be coverage for intellectual property claims relating to the misappropriation of that idea, says Nicholas Nierengarten of Gray Plant Mooty.
Over the past few weeks, The New York Times, The Wall Street Journal and other media outlets have reported sophisticated attacks on their computer systems, raising significant concerns for just about any company with an online presence. Before hackers strike, companies would do well to review their response plans, data retention policies and insurance program, say Russell Cohen and Stephanie Sharron of Orrick Herrington & Sutcliffe LLP.
Litigators should consider the trade secret trends from 2012 that promise to shape developments this year, including the increasing federal power being brought to bear on trade secret law, a deepening circuit split over the interpretation of the Computer Fraud and Abuse Act, increasing litigation involving social media, and the necessity of written confidentiality agreements for sophisticated businesses to protect trade secrets, say attorneys with Faegre Baker Daniels LLP.
This year, advertisers should anticipate that the Advertising Self-Regulatory Council will continue to address advertising on emerging social media platforms, as well as green marketing. The ASRC is also expected to expand its review of advertising directed to children and continue to evolve its operational policies to encourage and foster efficacy and participation in the advertising self-regulatory process, says Alexis Payne of InfoLawGroup LLP.
In Apple Inc. v. Superior Court, the California Supreme Court recently found that Section 1747.08 of the Song-Beverly Credit Card Act does not apply to online retailers that sell digital downloads. However, the ruling leaves open a lot more questions than it addressed, such as whether Song-Beverly applies to Internet transactions involving physical goods or kiosk transactions in brick-and-mortar stores, say Stephanie Sheridan and Caitlin Ross of Sedgwick LLP.