MediaLawLetter December 2015

MLRC
From the Executive Director’s Desk
Santa’s Gift List for Media Players Naughty and Nice
DCS Annual Meeting
Reports from Committees on Accomplishments and Plans for 2016
INTELLECTUAL PROPERTY

Fed. Cir.: Slants, Redskins and Other “Disparaging” Trademarks
Excluding ‘Disparaging Marks’ From Registration Unconstitutional
In re Simon Shiao Tam
S.D.N.Y.: Court Dismisses Copyright Suit Against Playwright And Producers
Who’s On First? Transformative Use, Naturally
TCA Television Corp. v. McCollum
LIBEL AND PRIVACY
2d Cir.: Court Affirms Dismissal of Libel Claims Against Conde Nast and Other Publishers
Public-Figure Defamation Plaintiffs Must “Plausibly” Allege Actual Malice
Biro v. Condé Nast
Mass.: Court Affirms Dismissal of Defamation Lawsuits by Founder of BOSTON
“More Than A Feeling,” the Articles Regarding Suicide Were Protected Opinion
Scholz v. Delp
7th Cir.: Court Vacates Post-Trial Defamation Injunction as Too Broad
Judge Posner Sympathetic to Permanent Injunctions Against Judgment-Proof Defendants
McCarthy v. Fuller
From the Next Gen Committee: The Frailty of New York CPLR § 301
Personal Jurisdiction over Defendants in New York
NEWSGATHERING
FAA Treats “Commercial” Newsgatherers and Citizen Journalists Differently
INTERNET
7th Cir.: Court Holds Threats Against Credit Card Companies Violated First Amendment
Threats Constituted a Prior Restraint
Backpage.com v. Dart
Second Circuit Affirms Acquittal of “Cannibal Cop”
Court of Appeals Also Takes Narrow View of Computer Fraud & Abuse Act
U.S. v. Valle
COMMERCIAL SPEECH
USPS Wrestles With Mailing Newspapers Containing Marijuana Ads