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Supreme Court Finds Cheerleading Uniform Designs Copyrightable
  • Proskauer Rose LLP
  • USA
  • March 23 2017

On March 22, 2017, the Supreme Court held in Star Athletica, LLC v. Varsity Brands, Inc. that designs on cheerleading uniforms may be protectable


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


When life gives you lemons, give away toothpaste: Hello Products turns P&G lawsuit into marketing event
  • Proskauer Rose LLP
  • USA
  • March 20 2014

Imagine this scenario: you're a toothpaste start-up with six employees. You're about to launch your new brand into an oral care market dominated by


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


Triathlete's Signed Liability Waiver Dispositive in Wrongful Death Action
  • Proskauer Rose LLP
  • USA
  • December 21 2016

The full Pennsylvania Superior Court has halted an effort to hold Philadelphia Triathlon, LLC (the "Triathlon") liable for a competitor's death in the


Where’s the Octopus? New False Advertising Class Action against Goya Foods, Inc. Claims Octopus Is Missing from Products
  • Proskauer Rose LLP
  • USA
  • May 24 2016

A new putative consumer class action claiming damages in excess of $5,000,000 was filed earlier this month in the Northern District of California


New York Court Rules Rule 67 Deposit Cannot be Used to Pick Off Named Plaintiffs in Putative Diet Pill Class
  • Proskauer Rose LLP
  • USA
  • March 10 2016

Recently, a New York court held that a putative class action Defendant’s depositing of funds sufficient to cover the full amount of a plaintiff’s


Sixth Circuit says misappropriation of customer list not insured under advertising injury liability coverage
  • Proskauer Rose LLP
  • USA
  • September 9 2014

The Sixth Circuit Court of Appeals recently ruled that Liberty Corporate Capital did not have to defend a firearms retailer in a lawsuit alleging


Website marketing statements: the achilles’heel to CDA protection?
  • Proskauer Rose LLP
  • USA
  • September 11 2014

It's no secret that local directoryconsumer review websites are popular among consumers looking for recommendations before dining out, hiring a


Ex-footballers sacked on first play from scrimmage in antitrust lawsuit against the NCAA
  • Proskauer Rose LLP
  • USA
  • July 27 2012

Between talks of changing the BCS playoff structure, student athletes trading jerseys for tattoos, and convicted sex offenders scaring away star recruits, the harsh glare of the national spotlight seems to almost always be on the National Collegiate Athletic Association ("NCAA"), its member institutions and its top student-athletes