Trying to harness the free-flowing, intangible nature of the creative process and place it into the more rigid confines of the law can be a challenging and complicated process. How…

Cybersquatting, the practice of buying up domain names that are identical or confusingly similar to trademarks in order to sell them to the trademark owner for a hefty profit, can…

By focusing on the recent fashion warfare over the red sole used on luxury shoes, this Article reconsiders the implications of trademark protection of single color marks for regulating the…

Reality television is a modern phenomenon that can be found on both daytime and primetime television. Using “real” people creates unique problems for production teams. Real people do not have…

In 2010, the Antitrust Division of the Department of Justice approved the merger of Ticketmaster and Live Nation, who combined to form Live Nation Entertainment. This paper revisits the Department's…

This note examines two phenomena at the intersection of traditional media law and evolving forms of expression on the Internet, focusing on whether courts’ increasing tendency to view Internet sources…

Domain names may have substantial economic and social value. They are often the objects of dispute. There is a recent judicial trend, particularly in the Court of Appeals for the…

The European Union Data Protection Regulation (“Regulation”) draft was presented on January 25, 2012. The Regulation will replace the European Union Data Directive (“Directive”) and will place affirmative responsibilities on…

This has not been a season for successful launches of online systems. Although the debacle was overshadowed by the troubled rollout of the Obama administration’s healthcare.gov website, the launch-day issues…

David McCraw is the Assistant General Counsel for the New York Times, and an Adjunct Professor at New York University School of Law. Q: How did you get into media…