Category Archives: Media Law Case of the Week

Media Law Case of the Week

Posted on April 27, 2009 | Leave a comment

A ha! I think I’ve got the Media Law Case of the Week.

It involves Oprah, a big insurance company and the phrase “a ha moment.” (Although this case seems pretty clear to me…)

Mutual of Omaha is suing Oprah because it says the phrase belongs to it and claims it already has preliminary approval for a trademark on it.  Mutual of Omaha reportedly filed the  lawsuit after Oprah’s company, Harpo, asked Mutual to stop using the phrase.

Oprah’s web site shows some 200 hits for A ha! moment, dating back to at least 2005. The Mutual of Omaha ad campaign is relatively new.

Hmmmmm…

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Media Law Case of the Week

Posted on April 20, 2009 | Leave a comment

I try find hidden nuggets of media law jewels for the Media Law Case of the Week. But this week I am going more mainstream because this tit-for-tat free speech case is so good.

devore-henley-battle

Don Henley of Eagles fame is suing U.S. Senate candidate Charles DeVore for copyright infringement. Henley says use of his hit songs “All She Wants to Do is Dance” and “The Boys of Summer” in DeVore’s YouTube campaign videos violates his copyright.

DeVore, in turn, argues that ” aging liberal rockers” Henley and Mike Campbell, who filed suit with Henley,  are violating his “First Amendment right to political free speech.” DeVore says he wrote new lyrics and the use was obviously parody.

Who will decide? The case has been filed in U.S. District Court in California.  We’ll have to wait and see.

Even the BBC is watching.

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Media Law Case of the Week

Posted on April 13, 2009 | Leave a comment

Cows, you have your privacy.

The Cattle Network (yes, there is a Cattle Network) is reporting that a federal court has ruled that data collected for the National Animal Identification System is not subject to Freedom of Information Act requests.

The National Animal Identification System is used by the U.S. government to trace diseased animals/animal disease outbreaks.

I’m not sure what “sensitive information” would not be able to be released under FOIA, but The Cattle Network mentions “sensitive producer information about premises, businesses and animals .” (Seems to me if there is a disease outbreak, information needs to come out…)

I’m also not sure what FOIA exemption this falls under. Trade secrets doesn’t seem right. Maybe bovine secrets?

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