In December 2006, a U.S. District Judge in the Northern District of Texas (Dallas) granted a preliminary injunction against Robert Davis, who operated Supercrosslive.com, to stop providing direct links to the live audiocasts of motorcycle racing events.

SFX Motor Sports Inc., filed suit against Davis for trademark infringement, copyright infringement and unfair competition. SFX claimed Davis’ real time streaming of SFX owned broadcasts of racing events constituted copyright infringement.

The Judge ruled “the link Davis provides on his Web site is not a ‘fair use’ of copyright material” and ordered him to cease linking directly to streaming audio files.

Linking is not automatically copyright infringement. The determinative fact in this case is the link to a direct stream of third party copyrighted footage.

Congratulations to our client and friend Kim Snider. Snider Financial Communications, home of the Snider Investment Method, was named by the Dallas Business Journal as one of Dallas’ fastest-growing private companies in the Dallas Fort Worth Metroplex for 2006!

We are blogging. The law firm launched an IP and entertainment law blog in the fourth quarter of 2006. If you just cannot wait for the next newsletter to keep up-to-date on current legal and business issues facing the industry, visit our blog.

Happy blogging in 2007!

Tamera Bennett, nicknamed by her clients as the IP quarterback, develops strategies to protect and leverage each client’s intellectual property. Tamera works closely with her clients to implement customized brand management programs. Tamera’s clients range from rock star to leadership coach and financial guru to custom motorcycle designer.

Tamera is the Immediate Past Chair of the State Bar of Texas Entertainment & Sports Law section, is a founding board member of the Women Business Owners of Denton County, and is a former adjunct professor at Dallas Baptist University. Tamera frequently lectures to attorneys and business owners on intellectual property and entertainment law matters. In addition to her law practice, Tamera is the owner and president of Farm To Market Music, LLC a full service song administration company.

Unless it specifically so states, this communication does not reflect an intention by the sender to conduct a transaction or make any agreement by electronic means. All information contained within this email is provided for information purposes only and does not constitute legal advice. Tamera Bennett is licensed by the Supreme Court of Texas and the Board of Law Examiners of Tennessee. Bennett is not Certified by the Texas or Tennessee Board of Legal Specialization.

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Copyright 2007 Bennett Law Office, PC. All Rights Reserved.