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Issues & Overview Intellectual Property In The Online World: An Ongoing Digital Dilemma
From the very first moment when a record company learned that a song could be shared through an online file sharing service for free, or a photographer discovered that his/her photo was being distributed as a high-resolution graphic without a license or an author saw proprietary content posted on a...
Read MoreA Win-Win For The Promotion Marketing Industry: Trade Association And Outside Counsel Share Perspectives
Editor: Would each of you gentlemen tell our readers something about your professional background and experience? Lewczak: I am a partner at Davis & Gilbert and have been a practicing attorney for 13 years. I started my legal career as a corporate associate at Willkie Farr & Gallagher,...
Read MoreCourt Delivers Bitter Result To Coffee Company In Right Of Publicity Case
"Whatever the outcome of this case (Nestle USA's attorney has said that the company will appeal the verdict), this case signifies the importance of getting signed releases for the use of any person's likeness and to ensure that any limitations on those releases are memorialized appropriately.It...
Read MoreDiversity - Organizations Operation Success: The Advertising Industry Faces The Diversity Challenge
Editor: Wouldeach of you tell our readers something about your professional background and experience? Rubin: I graduated from Columbia Law School in 1972. I then went to work in the New York City Department of Consumer Affairs. Bess Meyerson was the Commissioner of Consumer Affairs - this...
Read MoreAre Punitive Damages Available Under The Copyright Act?
Given the Copyright Act's1 express enumeration of available remedies under the Act and its silence with respect to punitive damages, one would think that a copyright owner is barred from seeking punitive damages when bringing a claim for copyright infringement. Several recent decisions in the...
Read MoreComplying With The CAN-SPAM Act: New FTC Regulations Provide Guidance On "Primary Purpose"
On March 28, 2005 the Federal Trade Commission's ("FTC") regulations defining the relevant criteria used to determine the "primary purpose" of an electronic mail message (the "Regulations") under the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 , otherwise known...
Read MoreEnsuring Fair Competition When A Former Employee Has No Restrictive Covenants: Common Law Protections for Employers
Here is the situation: A high-level executive has worked for your company for ten years. She recently developed marketing and strategic plans for the company's new products. She has had access to documents concerning the company's strategic plans to compete, financial goals, pricing strategy and...
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