There’s an old adage that says, “History repeats itself.” But Mark Twain had his own take on this saying, “History doesn’t repeat itself, but it often rhymes.” In some cases, this also applies to legal concepts precepts or mechanisms; they don’t repeat themselves as much as they may rhyme. In…
When producing a major motion picture or television program it is common practice to lock down the talent appearing in the picture by executing detailed long-form contracts before the principal photography starts. But what happens when non-professionals appear briefly in the production, either as…
A contract is an agreement between two parties for mutually enforceable obligations. For example, a contract is created when one person agrees to sell a good to another person, who agrees in turn to pay for that good. A contract could obligate a party to perform an action or service, to provide a…
Summary judgment is a commonly used litigation tool. Either party in litigation may seek to have the court rule on all or some of the claims by moving for summary judgment: A defendant may ask the court to rule on some or all of the claims against it and the plaintiff may ask the court to…
Federal law allows owners of copyrights or trademarks to file suit for alleged infringement of their exclusive rights. Through a lawsuit, they can recover damages or ask a court to enjoin further unauthorized use of their protected materials. Certain uses of copyrighted or…
Trademark law protects the use of symbols, words, names, phrases, and other marks used in connection with goods and services. The owner of a trademark can obtain an injunction or other equitable relief to prevent unauthorized use of their mark. They can also recover damages from someone…