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Wednesday, May 23, 2007

Interesting legal issues

Yes, despite the quarter of a million dollars I am paying to not have a law degree (I will repeat this until I am not in debt - aka forever: don't be like me! Only go to law school if you really, really want to be lawyer!), I am still interested in legal topics. Like these:

Could Katie Holmes have a case against porn star Katee Holmes?

"If she has it trademarked, then there's going to be a problem there, especially with the adult industry involved," he said. "Whenever an adult performer uses the name of a mainstream star, you can make the argument that the adult star is disparaging the name of the trademark holder."

Walters added that the strength of U.S. trademark laws would make such a case difficult for an adult performer to defend against if the plaintiff has a trademark. Possible defenses include fair use – arguing that the adult star was using the name in a reasonable way – or satire – arguing that the adult star was using the name to make fun of or otherwise spoof the mainstream figure.


Juile Hilden starring in "My Big Fat Weak Lawsuit?"

The plaintiff had sued IMDb for unfair competition, and for violating the California Consumer Legal Remedies Act, because it refused to list him in the credits on its website relating to the film "My Big Fat Greek Wedding" and two other films.

IMDb countered by noting its policy of only listing credits as they appear on screen, and noting that its review of the three films showed that the plaintiff was not, in fact, listed in the credits.

The ruling - which I will argue was correct - fired a warning shot in the battle over free speech. It did so by giving notice to potential plaintiffs that bringing a meritless lawsuit may carry a very high price tag, for the plaintiff may have to pay the defendant's attorneys' fees.

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