The Distinctiveness of a Fashion Monopoly
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…
Signing in Glitter or Blood?: Unconscionability and Reality Television Contracts
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…
The Merger and the Damage Done: How the DOJ Enabled an Empire in the Live Music Industry
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…
Handle with Care: The Evolving Actual Malice Standard and Why Journalists Should Think Twice before Relying on Internet Sources
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…
On the Duality of Internet Domain Names: Propertization and Its Discontents
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…
Directive vs. Regulation: The Proposed Changes to the European Privacy Protection Framework
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…
GTA Online: How to Make Fans Happy that You Botched the Launch
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…
Interview with David McCraw: Mass Media Law and the Future of the Freedom to Access Information
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…
Wiki-leaks releases a draft of the Trans-Pacific Partnership Agreement
Wikileaks recently released an August 30th draft of the Trans-Pacific Partnership Agreemnt (TTP) which has received wide spread criticism for proposing greater than anticipated protection for intellectual property holders. The TTP is…
Freedom to Discriminate? First Amendment Protection of Television Casting Choices
Freedom of speech is viewed as integral to America and its place as a modern progressive society. But, at what point does the First Amendment’s protection of speech inhibit the…