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The UFL's fumbling attempts to survive

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 30 2013

Football is a tough sport, and sometimes a team has to call a time out to get a breather and regroup. In October 2012, the United Football League

Videogame app developer breaks the rules on copyright infringement

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • June 19 2012

Desiree Golden, a recent college graduate, wanted to aim at the big money that can be made in app development

One expensive “Hangover”: studio may be forced to pay up for Iron Mike’s ink

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • July 29 2011

Over the course of four decades in the public eye, there have been many faces of Mike Tyson: heavyweight champion of the world, “baddest man on the planet,” reformed felon, fledgling actor, and, most recently, speech therapist

Is the writing on the screen? The Ninth Circuit clarifies movie theater captioning obligations

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 26 2010

In State of Arizona ex rel. Goddard v. Harkins Amusement Enterprises, Inc., No. 08-16075, 2010 U.S. App. LEXIS 9042 (9th Cir. Apr. 30, 2010), the United States Court of Appeals for the Ninth Circuit recently held that while open captioning is not a required auxiliary aid or service in movie theaters as a matter of law under the Americans with Disabilities Act (“ADA”), other forms of closed captioning and descriptive narration (e.g., rear-projection captioning) may be a required auxiliary aid and service, absent a showing by the movie theater of undue burden or a fundamental alteration of its services

Pretty Boy's right of publicity lawsuit ain't pretty, says World Wrestling Entertainment

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 23 2012

Wrestler "Pretty Boy" Somers earned his ring name for his curly blonde locks when he appeared in American Wrestling Association ("AWA") events in the 1970s and '80s

Selling the shirt off Tim Tebow’s back requires a license

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 23 2012

Quarterback Tim Tebow garners a great deal of media attention, and as a result, he sells a lot of jerseys

Mobile carriers not secondarily liable for copyright infringement on multimedia messaging system

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • May 5 2011

Mobile carriers are not liable for inducing infringement of copyright on their multimedia messaging system because they did not design the system with the object of promoting infringement, nor did they take any specific, affirmative steps to actively encourage or induce infringement by users of the system, a district court ruled in a copyright infringement action brought by a producer of multimedia messaging content

Grades for football prospects copyrightable, but sports writer not offside in use

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • March 19 2013

Information about NFL draft prospects is not something that one would normally think of as a literary work, unless perhaps written up by, say, Coach

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

Fourth Circuit holds ADA requires expanded access to aural content in stadiums

  • Proskauer Rose LLP
  • -
  • USA
  • -
  • April 4 2011

In Feldman v. Pro Football, Inc., __ F.3d __, Nos. 09-1021, 09-1023 (4th Cir., March 25, 2011), the United States Court of Appeals for the Fourth Circuit affirmed the ruling of the United States District Court for the District of Maryland and held that, to provide full and equal enjoyment of the entire entertainment experience of a sporting event in a stadium, FedEx Field must provide individuals, who are deaf or have a hearing impairment, with the auxiliary aids and services necessary to benefit from the content broadcast over the stadium's public address (“PA”) system during Washington Redskins home games

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