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Coca-Cola gets large attorney fee award in World Cup song dispute

Proskauer Rose LLP
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USA
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November 29 2011

In our March 2011 edition we reported on the dispute between the Coca-Cola Company and the writer of the Spanish-language version of "Wavin' Flag," Coke's World Cup theme song

Disclosure of third-party monitoring in ISP subscriber agreement, privacy policy, deemed consent to interception under ECPA

Proskauer Rose LLP
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USA
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January 11 2011

Disclosures in an Internet service provider's subscriber agreement and privacy policy concerning third-party monitoring of subscriber Internet activity constituted sufficient notice of and assent to the deployment and use of "deep packet inspection" technology, a district court held

McMahons’ feud with wife of former WWE wrestler goes another round will there be a knockout?

Proskauer Rose LLP
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USA
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November 8 2010

While the world of professional wrestling is accustomed to feuding between its members in its ongoing performance soap opera, the family of former pro wrestler Owen Hart seeks to deliver a different type of smackdown on both World Wrestling Entertainment Inc. (“WWE”) and the company’s corporate heads, CEO Vince McMahon and his wife, Linda McMahon

Illegal procedure? Jim Brown flags electronic arts for misappropriation in video game

Proskauer Rose LLP
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USA
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November 8 2010

NFL Hall of Famer Jim Brown is in the midst of an overtime legal battle against Electronic Arts ("EA"), the maker of the popular Madden NFL video game, as a result of EA's inclusion of a player that allegedly resembled Brown in various editions of Madden NFL on two "historic" teams: the 1964-65 Cleveland Browns and the All Browns team

Hey Papi! Big Pimpin' thinks you ain’t no playa when it comes to his 4040 mark

Proskauer Rose LLP
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USA
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June 26 2010

As many of you baseball fans surely know, "4040" is a term reserved for ballplayers who have hit 40 home runs and stolen 40 bases in a single season

This is not your grandmother’s pedometer: Nike & Apple square off with another alleged inventor relating to its Nike Sports Kit

Proskauer Rose LLP
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USA
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April 16 2010

In May 2006, Nike and Apple teamed up to produce and market the Nike Sports Kit, a wireless device designed to connect iPod handheld devices to Nike footwear

Computer file extension functional, therefore not protectable as trademark

Proskauer Rose LLP
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USA
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April 14 2010

A computer file extension is inherently functional, therefore a software company that utilizes a particular file extension to designate files that are accessed by its proprietary software may not protect the letters comprising the file extension as a trademark, a district court ruled

Operator of BitTorrent P2P file-sharing network induced copyright infringement and is ineligible for DMCA safe harbors

Proskauer Rose LLP
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USA
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April 14 2010

The operator of a file-sharing network that utilized the BitTorrent file-sharing technology is secondarily liable for inducing copyright infringement by users of the network, a district court ruled

Domain name registrar not immune from trademark owner's infringement, ACPA claims

Proskauer Rose LLP
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USA
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April 14 2010

A domain name registrar that registered numerous infringing domain names, provided private registration services in conjunction with a related entity that concealed the identity of the registrants, and received fees when ads on sites connected to the infringing domain names were clicked, may be liable under the Lanham Act and the Anti-cybersquatting Consumer Protection Act, a district court ruled

Manufacturer of device containing DVD player has standing to assert violations of DMCA anti-circumvention provisions

Proskauer Rose LLP
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USA
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April 14 2010

The manufacturer of a device containing a DVD player that implements DVD copy protection technology has standing to bring an action against a party who allegedly disabled the copy protection technology on such devices before selling them in online auctions, a district court ruled

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