Bln Editorial Board: Letter from the Issue Editor
Publication year | 2019 |
Author | Zev Shechtman |
Zev Shechtman
As the editor of this issue, it is my privilege to introduce our readers to the exciting articles in this fourth, and final, installment of Business Law News Volume 2019. The articles in this issue address a broad range of legal issues touching on entertainment, technology, and intellectual property. They reflect the dynamism inherent in these businesses, as well as the important ways in which different areas of the law interact.
In An Artistic Defense to Claims of Trademark Infringement: Examining the Lawsuit Over Netflix's Use of "Choose Your Own Adventure" Phrase in the Interactive Film Black Mirror: Bandersnatch, Andrew M. Sevanian addresses the arguments of litigants involved in a trademark dispute arising from Netflix's adaptation of the "choose your own adventure" concept to its television streaming model. As the author explains, the litigation involves important issues, both in trademark litigation, under the concept of "fair use," and in constitutional interpretation, involving free speech defenses.
In Tech Employers Be Ready: Understanding Changes to California's Harassment and Hostile Work Environment Laws, Carolynn Beck, Craig Bolton, and Andrew J. Pecoraro address the impact on employers of California's recent changes to its Fair Employment & Housing Act. The article focuses on the impact of these statutory changes on technology companies, which still have significant gender disparities.
Vera Golosker's article pointedly inquires, Are 'Bad' Marks Good for Business? Implications of the Supreme Court's Approval of Scandalous Immoral Trademarks. The article addresses the impact of the Supreme Court's decision in Iancu v. Brunetti, 588 U.S. ___, 139 S. Ct. 2294 (2019), which determined that governmental bars on offensive speech violate first amendment free speech protections.
In #MeToo - Can It Be Used as an Excuse? Frustration of Purpose and Other Theories Used to Excuse Performance in Entertainment and Business Deals, Jeffrey T. Thayer and Natasha S. Chee discuss an...
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