9th Circuit denies Dustin Hoffman's publicity claim; Court said altered photo in fashion spread was not commercial speech

Article Abstract:

Dustin Hoffman's right-of-publicity claim in Hoffman v. Capital Cities/ABC, Inc. regarding the use of a photograph of the Hoffman character from the movie "Tootsie" in a magazine's fashion spread is discussed. The 9th Circuit ruled that this use was not commercial speech and that celebrities could protect their images from technological manipulation.

Publicity (Law), Right of publicity, Commercial speech doctrine

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Compromising a claim for a minor is no small feat; counsel must comply with specific rules when settling actions for clients under 18

Article Abstract:

Steps for a lawyer to follow in settling a claim on behalf of a minor are discussed. There should, in general, be either a guardian ad litem or a guardian appointed by the probate court. The custodian must turn the money over when minors reach adulthood, but special-needs trusts are sometimes appropriate and are also discussed.

Management, Compromise and settlement, Settlements (Law), Negotiation, mediation and arbitration, Trusts and trustees, Trustees, Trusts (Law), Guardian and ward, Guardianships

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'Progressive encroachment' theory is weakening; the reduced significance of geographic boundaries may end defense to laches claim

Article Abstract:

The part the Internet has played in decreasing the significance of geographic boundaries in disputes among trademark owners and the possible end of "progressive encroachment" as a defense to a laches claim are discussed. Procedures for trademark-policing in this Internet-influenced environment are discussed.

Internet, Influence, Trademark (International law)

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