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.

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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.

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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.

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