Tag Archives: supreme court

SCOTUS Grants Review of Federal Ban on Sports Gambling

In one of its final acts of the October 2016 term, the Supreme Court of the United States recently agreed to hear a New Jersey challenge to the constitutionality of the Professional and Amateur Sports Protection Act (“PAPSA”), a federal statute banning states from authorizing and regulating gambling on sporting events.[1] As we reported earlier … Continue Reading

SCOTUS Strikes Down Ban on Disparaging Trademarks

Earlier this week, a unanimous but fractured Supreme Court ruled that a controversial provision in the Lanham Act prohibiting the registration of trademarks that disparage “persons, living or dead, institutions, beliefs, or national symbols” violates the First Amendment. This decision may be most remembered for the impact it may have on the NFL’s Washington Redskins, … Continue Reading

Supreme Court Rules that Aereo Violated Copyrights

Earlier this week, the U.S. Supreme Court handed its decision in ABC v. Aereo, ruling that Aereo's service of providing its subscribers with streaming broadcasts obtained through the company's miniature antennas is illegal. The court ruled that over-the-air broadcasts count as a public performance and that Aereo essentially is no different from cable companies, which are subject to limitations on freely transmitting programming under the Copyright Act.… Continue Reading

Copyright Owners Go the Distance with ‘Raging Bull’ Victory

In a recent Forbes article, Brad Newberg discussed in depth the Supreme Court's recent decision in Petrella v. Metro-Goldwyn-Mayer, Inc., and ways for businesses to adapt in light of the shocking decision. With its decision in Petrella, the U.S. Supreme Court made clear that in the world of copyright infringement litigation, time is not always of the essence. The question presented was simple: "[W]hether the equitable defense of laches (unreasonable, prejudicial delay in commencing suit) may bar relief on a copyright infringement claim brought within § 507(b) [of the Copyright Act]'s three-year statute of limitations period." And the Court's answer was clear: "[C]ourts are not at liberty to jettison Congress' judgment on the timeliness of suit. Laches, we hold, cannot be invoked to preclude adjudication of a claim for damages brought within the three-year window." Yet, the implications of this case going forward are not quite as simple or clear.… Continue Reading

The Colour Purple: Cadbury loses battle to register its signature purple shade

Cadbury has lost its Supreme Court battle to register as a trade mark its iconic colour purple (known as Pantone 2685C), ending a 10-year legal battle between Cadbury and its competitor Nestlé. The UK Supreme Court has refused Cadbury’s application to appeal against an October 2013 Court of Appeal decision which ruled in Nestlé’s favour, … Continue Reading

Corporations Do Not Have Personal Information Protected Under FOIA

The Supreme Court came down this week with a watershed decision that may effect businesses small and large which collect and store customers’ personal information. Despite AT&T’s attempt to argue they are a private citizen and, therefore protected under the Freedom of Information Act, the Supreme Court ruled otherwise and clarified the FOIA only applies … Continue Reading

Virginia Anti-Spam Law Stays Unconstitutional

In September 2008, the Virginia Supreme Court unanimously ruled that Virginia’s then-enacted anti-spam laws were per se unconstitutional on the grounds that they violated the First Amendment right of freedom of speech. At the time, Virginia’s anti-spam laws prohibited the sending of unwanted, unsolicited e-mails, both commercial and non-commercial. The Virginia Supreme Court argued that since … Continue Reading
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