BNA INSIGHTS: Quality Control: A Must in Trademark Licenses

A recent decision by the Ninth Circuit, FreecycleSunnyvale v. Freecycle Network, reaffirmed that licensing a trademark without quality control will result in the loss of the underlying trademark rights…

Downloads Do Not Implicate Public Performance Right, Second Circuit Affirms

The downloading of a copy of a copyrighted musical work implicates the copyright holder’s right of reproduction but does not implicate the copyright holder’s public performance right under…

National Football League’s Exclusive Licensing is Concerted Action under Antitrust Law

The National Football League’s licensing of its teams’ logos and trademarks constitutes concerted action that is not categorically beyond Section 1 Sherman Act liability, and the legality of…

ANALYSIS: The Basics of Music Licensing in Digital Media

Businesses that are involved in digital media use music in many ways—and most require some sort of license to make the use legal. Whether the music is used in an advertisement or a music video, on…

ANALYSIS: New Uses of Old Works: May a Licensee Exploit Previously Licensed Content Without the Consent of the Copyright Owner?

Technology continues to create attractive new products, including e-books and iPods, that give users access to a vast number of previously licensed copyrighted works. But when a new product exploits these…

Department of Health and Human Services Panel Approves Report Endorsing Gene Patent Infringement Exception

A U.S. Department of Health and Human Services advisory committee Feb. 5 approved a final report that included a recommendation that an exception to…

Antitrust Claims Challenging Internet Music Sales May Proceed to Trial, Second Circuit Rules

Allegations that four of the nation’s major music labels colluded to fix prices on internet music sales may proceed to the merits, the U.S. Court of Appeals for the Second Circuit…

Supreme Court Hears Oral Arguments on NFL’s Antitrust Liability in Merchandise Licensing

The U.S. Supreme Court on Jan. 13 heard oral arguments on whether liability under Section 1 of the Sherman Act, 15 U.S.C. §1, accrues to a licensing agreement between the National Football League and Reebok International Ltd., or whether…