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14 Comm. Law. 1 (1996)

handle is hein.journals/comlaw14 and id is 1 raw text is: Media Law: Explosion of Lanham Act Cases BY THOMAS S. LEATHERBURY Media defense lawyers are accustomed to encountering new liability theories designed to circumvent the constitu- tional strictures of defamation. These claims began with false light privacy! and expanded to business disparage- ment- and negligent' and intentional innlition of emotional distress.' As the courts grew to view most of these addi- tional claims as disguised libel claims and to impose the same or more strin- gent constitutional and common law standards on them, plaintiffs' lawyers continued to tweak their pleadings to challenge not only what was published bit also how the information wfas gath- ered. Claims based on newsgathering conduct, including trespass.: intrusion. breach of contract,' tortious interfer- ence with contracts conversion, the Fourth Amendment's prohibition against unreasonable searches and seizures,' and the Racketeer Influ- eMced and Corrupt Organizations Act have a higher profile than ever before. However. the plaintiffs' latest end-run around the libel laws shifts the focus back to content, as a growing number of plaintiffIs seek to extend the reach of the Lanham Act.'' demanding both damages for and injunctions against the use of registered and even unregis- (ontimwd on page 16 Lanham Act Cases Explode ......................................I Courtside: Recent Supreme Court Decisions ......... 12 From tihe Chair . ..................................... 2 Liability for Tortious Interference .................13 Standards of Proof in Defamation Cases .... ........3 What's New in Comnuhications Law ...... ..... 19 Expert Testimony & Libel Suits ... ,..... ........8 Cameras in the Courtroom .................. 22 Illustration by Richard Laurent

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