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14 Comm. Law. 1 (1996-1997)

handle is hein.journals/comlaw14 and id is 1 raw text is: / ., Communications Publication of the Forum on Communications Law American Bar Association Volume 14, Number 1, Spring 1996 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 negligent3 and intentional intnition 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, plaintilfs' lawyers continued to tweak their pleadings to challenge not only what was published but also how the information was gath- ered. Claims based on newsgathering conduct, including trespass, intrusion. breach of contract,' tortious interf'er- ence with contract,' conversion, the Fourth Amendment's prohibition against unreasonable searches and seizures,' and the Racketeer Influ- enced 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 plaintifIs seek to extend the reach of the Lanham Act.'2 demanding both damages for and injunctions against the use ofregistered and even unregis- Continued on page 16 LIL Lanham Act Cases Explode ..............................................I Courtside: Recent Supreme Court Decisions...........12 From the C hair ..................................................................2 Liability for Tortious Interference ...............................13 Standards of Proof in Defamation Cases ..........................3 What's New in Communications Law....................19 Expert Testimony & Libel Suits .......................................8 Cameras in the Courtroom..............22 Illustration by Richard Laurent 1AK L- 5 !W n A141!1 -A-t1l 5 W. 5.10,