By Gregory P. Feit Last month, in 1-800 Contacts, Inc. v. JAND, Inc., DBA Warby Parker, the United States Court of Appeals for the Second Circuit addressed whether purchasing a competitor’s trademarks in the context of keyword search advertising amounts to trademark infringement. Adopting what it termed the “consensus view,”...
By Ethan Krasnoo This month, the producers and sound engineer behind Fleetwood Mac’s recordings filed a lawsuit alleging that the playwright David Adjmi and other related parties infringed their copyright in the memoir Making Rumours with Adjmi’s currently running Broadway play, Stereophonic. Notably, Stereophonic has garnered significant acclaim, winning five...
By Nicole Page The pilot episode of Netflix's miniseries "Baby Reindeer" claims to be “a true story,” raising questions about the accuracy of its portrayal of a stalker, based on creator Richard Gadd's experiences. This has led to a lawsuit from Fiona Harvey, who asserts she inspired the stalker character...
By Nicole Page In her newest article for Forbes, RPJ Partner Nicole Page discusses the legal challenges faced by Netflix's "Baby Reindeer," a show that has gained significant acclaim but is now embroiled in a defamation lawsuit. The show, based on Richard Gadd's autobiographical stage play, claims to be a...
By Ethan Krasnoo Music is having a profound moment of revolution. Gone are the days where Mp3s and CDs defined the industry. Today, artificial intelligence can compose and perform songs tailored to your chosen style and subject matter. Recently, I explored this myself on Suno.com, where I requested AI generated...
By Nicole Page Last Wednesday, in the case of Sara Caruso v. Delta Air Lines Inc., in a split decision the second United States Court of Appeals for the First Circuit upheld Delta's dismissal of former employee Sara Caruso's lawsuit. The lawsuit, in which Caruso had originally sued Delta in...
By Gregory P. Feit Our Firm has previously reported (here and here) on the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (“EFAA”; 9 U.S.C. §§ 401-402), which invalidates and renders unenforceable, at the election of a complainant, pre-dispute arbitration agreements in cases relating to sexual...
Last week, Judge Mary Marlowe Sommer unexpectedly announced the decision to dismiss the serious criminal charges against Alec Baldwin. The actor was initially charged in January 2023 with two counts of involuntary manslaughter after shooting and killing cinematographer Halyna Hutchins and injuring Joel Souza on the set of ‘Rust’ in...
Last Friday, in Loper Bright Enterprises v. Raimondo, the United States Supreme Court overruled a 40-year-old judicial deference doctrine known as “Chevron deference,” named after the 1984 Supreme Court ruling in Chevron v. Natural Resources Defense Council, which instructed courts that they should defer to federal administrative agencies’ readings on...
Earlier this month, in Smith v. Spizzirri, the U.S. Supreme Court held that Section 3 of the Federal Arbitration Act (FAA) requires district courts to stay a lawsuit pending arbitration when asked by a party to do so, and that district courts lack the inherent authority to instead dismiss such...