Author Archives: Jason L. Ederer

Rise and Fall of an Empire (Distribution, Inc.)

In the pilot episode of Fox’s smash-hit series Empire, Cookie Lyon, explaining why, after her release from jail, she’s returning to her husband Lucious Lyon’s fictional record label, Empire Entertainment, says simply: “I’m here to get what’s mine.”  This is, of course, in reference to the formerly-jailed matriarch having taken the rap for Lucious to the tune of 17 years behind bars for drug-running while he built his music “empire.” Coincidentally, it also may sum up the thinking over the last couple of months…

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“The Blueprint” for an Infringement?

A recently-filed case in a California federal court has Jay-Z and his promoters at Live Nation wondering whether they’ll continue to reap the benefits of the 1999 hit single Big Pimpin’ or whether they’ll be “spending G’s” to clean up a potential infringement posed by a sample looped throughout one of S. Carter’s most famous tracks.  Last week, an Egyptian plaintiff named Osama Ahmed Fahmy sued Live Nation Entertainment, Inc., seeking unspecified actual damages and costs, alleging Live Nation’s continued “use” of Big Pimpin’ in…

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Creedence Clearwater Mark Revisited

There’s a bad moon on the rise once again for John Fogerty.  Fogerty, the former lead singer and guitarist for Rock and Roll Hall of Fame inductee Creedence Clearwater Revival, and a man who holds the distinction as being perhaps the only musician in the history of recorded music to be sued for allegedly plagiarizing his own recording in another one of his own recordings, finds himself feelin’ blue again, having been sued last week by his surviving former bandmates, Doug Clifford and Stu…

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Duluth Trading Company Takes it Easy and Don Henley Takes Them to Court

Maybe Duluth Trading Company should’ve known better. Maybe it was just living life in the advertising fast lane. But on October 6, 2014, the Wisconsin clothing company circulated an ad to its customers imploring them to “Don a Henley and Take it Easy.” The “Henley” the ad refers to is the famous, three-button long sleeve shirt that has become a symbol of relaxation and “cool” since it was first placed on store racks. But in invoking the surname of Eagles’ co-founder and lead singer Don…

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Snyder’s Last Stand

The Washington Redskins, the Cleveland Indians, the Chicago Blackhawks, and the Kansas City Chiefs play different sports in different cities, but collectively, they share many things. Each team is beloved in their respective city by fans, young and old. Each team has a rich history and tradition. And each team is the proud owner of a trademark that could be construed as disparaging toward Native Americans, playing on stereotypical notions or imagery to sell merchandise to the public at large. A lot has been said…

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Tiger’s 2013 Grade: “C” for Cheater?

Chances are that Tiger Woods has never gotten an “F” on any test or examination in his life. After all, he’s won 79 PGA Tour events, is a 14-time major champion and, prior to turning professional, spent two years as an undergraduate at Stanford University, one of our nation’s most prestigious institutions. This is at least part of the reason that Brandel Chamblee’s 2013 season-in-review “report card”, published last week on Golf.com, in which he gave Woods a grade of “F” for the season,…

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FX facing mark’s F-X-Xtinction?

The name seemed silly from the moment those commercials started to run. You know them — the ones with the cast members of It’s Always Sunny in Philadelphia speaking to each other in what sounds, to the naked ear, like Swedish. The ad spots changed as the summer season rolled out on FX, but the punchline of each promo was always the same, with one cast member saying the name of the channel that the great comedy show was moving to. Repeat after Danny DeVito:…

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SiriusXM: “It Ain’t Me Babe”

Mark Volman and Howard Kaylan, the principal songwriters and vocalists of 60’s pop group The Turtles, filed a class-action lawsuit in federal court in the Southern District of New York, against SiriusXM Radio, Inc., the satellite radio giant, captioned Flo & Eddie Inc., et al. v. SiriusXM Radio, Inc.; and Does 1 through 10, No. 13 CIV 5784, in mid-August. Perhaps signaling the urgency and seriousness of the situation, this past week attorneys from the New York-based law firms Weil, Gotschal and Manges LLP…

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Run DMC(A): No Safe Harbor for Vimeo against EMI?

It started with a simple equation: “Vimeo is video + you.” Yet this formula and model for the new “user-generated content”-fueled Internet has morphed into a case that could very well test the limits of the protection afforded to “service providers” under the Digital Millennium Copyright Act (DMCA). This past week, a federal judge found that a particular “safe harbor provision” of the DMCA, which has been invoked successfully by user-generated content providers like YouTube and Veoh in their respective quests to protect and insulate…

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Godzilla vs. Mechahopzilla

Beer Advocate, the Godzilla of beer reviewers, gave Mechahopzilla, the newest IPA entry from the New Orleans Lager & Ale Brewing Company (NOLA) a score of 89 percent and an overall rating of “very good.” But there was at least one company that was not overjoyed with the summer success of a beer known as Mechahopzilla and, as a result, NOLA appears to have gotten itself in some hop-filled, boiling water. This week, the popular brewer was dragged into federal court, in the Eastern…

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