Recent Articles

Between Cher And Joe Montana - When Is It Okay To Use A Person's Image To Advertise A Protected Use Of That Image?

Sheppard Mullin
November 10, 2008 20:53

In deciding whether the unauthorized use of a third party’s name, voice, likeness or persona (collectively, “Image”) violates such third party’s publicity rights, the first level of inquiry is whether the use is properly categorized as a “commercial” or a...

User Generated Content Promotions: Balancing The Sponsor's Rights Against Risks

Sheppard Mullin
October 29, 2008 17:28

INTRODUCTION User generated content (“UGC”) has quickly come to dominate the current landscape of online promotions and marketing initiatives.  As UGC is generally made available for public viewing without prior screening, its growing prevalence raises liability concerns when the...

Some Rights Reserved - Copyright Terminations Coming Into Clearer Focus

Sheppard Mullin
October 21, 2008 20:36

"Seventy years after Eric Knight first penned his tale of the devoted Lassie who struggled to come home, at least some of the fruits of his labors will benefit his daughter." So said the U.S. Court of Appeals for the Ninth Circuit in Classic Media Inc. v. Mewborn on July 11, 2008, when it...

Some Rights Reserved - Copyright Terminations Coming Into Clearer Focus

Sheppard Mullin
October 21, 2008 20:36

"Seventy years after Eric Knight first penned his tale of the devoted Lassie who struggled to come home, at least some of the fruits of his labors will benefit his daughter." So said the U.S. Court of Appeals for the Ninth Circuit in Classic Media Inc. v. Mewborn on July 11, 2008, when it...

UMG v. Augusto: Allowing the Sale of Promotional CDs Under the First Sale Doctrine Could Affect Much More than the Music Industry

Sheppard Mullin
July 17, 2008 17:21

In a decision that could have far-reaching implications for technology licenses of all types, the U.S. District Court for the Central District of California recently held that the first sale doctrine permits a recipient of promotional CDs to sell them online without violating the license pursuant...

Cairns Patent Once Again Provokes The Promotions Industry To Re-Evaluate Online Promotional Games

Sheppard Mullin
March 24, 2008 17:35

Most major players in the promotions industry know that the so-called Cairns patent (U.S. Patent No. 6,173,267) is an online business method patent relating to online sweepstakes that involve unique codes.  Although it should be clearly understood that I am not a patent attorney (a...

Endorsement Agreements: Guild Jurisdiction And Allocation Guidelines Both Being Challenged

Sheppard Mullin
February 11, 2008 19:59

Although the WGA strike is reportedly near an end, the strike has naturally made it harder to find paid acting jobs in film and television, causing a greater number of Hollywood celebrities (and their agents and other reps) to pursue endorsement opportunities and the money that follows.  The...

Second Life Raises Novel IP Issues

Sheppard Mullin
February 11, 2008 19:37

The adult entertainment industry is responsible for bringing many of the seminal cases that have shaped intellectual property law on the Internet, from Playboy Enterprises Inc. giving rise to the "initial interest confusion" test for trademark infringement, to Perfect 10 shaping the contours of...

When Copyright and Trademark Infringement Goes Online

Sheppard Mullin
February 11, 2008 18:07

Can search engines and credit card companies be secondarily liable?Two recent Ninth Circuit decisions regarding Perfect 10, Inc., a Web site that markets copyrighted images of nude models, lay bare the issues facing plaintiffs asserting third-party copyright and trademark claims, and highlight...

User Generated Content Promotions: Are You As Safe As You Think You Are?

Sheppard Mullin
February 11, 2008 18:02

IntroductionUser generated content ("UGC") is the interactive marketing and promotion industry's fixation du jour.  And for good reason - UGC is being monetized on the Internet in various ways, from building multi-billion dollar valuations for social networking sites to driving consumer...