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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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
  • -
  • USA
  • -
  • 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

Limited damages available under DMCA 512(f) for wrongful takedown notice

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

Although DMCA 512(f) allows an award of "any damages" for wrongful removal of alleged infringing material as a result of misrepresentations to a service provider, such damages "must be proximately caused by the misrepresentation to the service provider and the service provider's reliance on the misrepresentation," a district court ruled

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

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

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • 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

Near $2 million copyright damages verdict against non-commercial file-sharing defendant remitted as “gross injustice”

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

A $1,920,000 jury award of copyright damages against a "non-commercial individual" for distributing 24 copyrighted songs on a file-sharing network is a "gross injustice" that warrants remitting the verdict to three times the minimum statutory damages of $750 per song, or $2,250 per song ($54,000), a district court ruled

Depiction of student athlete in videogame deemed actionable under California right of publicity statute

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 14 2010

The inclusion of a character in a videogame that corresponded to a student athlete is actionable under the California right of publicity statute, a district court held