May 22, 2014 Intellectual Property, Copyright, and Trademark

Michael Jackson Performs at Billboard Awards via Hologram with Assistance of Federal Judge

On May 16, 2014, U.S. District Judge Kent Dawson issued a ruling permitting the Billboard Music Awards to use a hologram performance featuring the deceased music icon Michael Jackson in an upcoming awards show.

The legal dispute over Jackson’s upcoming “performance” began after Hologram USA Inc. and Musion Das Hologram Ltd. (the “Plaintiffs”) sued the Estate of Michael Jackson and dick clark productions, alleging that the planned spectacle infringed on patents the Plaintiff’s held in 3-D image projection technologies. The Plaintiffs are most well known …

May 13, 2014 Copyright / Intellectual Property

Tarantino Withdraws IP Lawsuit Against Gawker Over Script Leak

Barely a few weeks ago Pulp Fiction and Django Unchained director Quentin Tarantino filed an amended complaint in his lawsuit against the website Gawker, alleging that the site had committed copyright infringement by allowing a copy of his latest script, The Hateful Eight, to leak on the internet. Now, Tarantino and his lawyers have decided to walk away, voluntarily dismissing the lawsuit.

The controversy began after Gawker posted a downloadable PDF version of Tarantino’s script online. The two-time Oscar winner responded by filing …

April 17, 2014 Rights / Trademark

Merriman Lawsuit May Be “Lights Out” for Nike

Former NFL linebacker Shawne Merriman is suing apparel giant Nike. Merriman’s company, Lights Out Holdings LLC, filed suit in California claiming that Nike infringed his trademark in “Lights Out” after Nikeintroduced a “Lights Out” line of merchandise. Merriman earned the “Lights Out” nickname in high school when he knocked out four opposing players in one game. Merriam secured a federal trademark in “Lights Out.” It has been used in several off-field ventures and is largely associated with Merriman’s persona.

According to the suit, although Nike …

March 26, 2014 Copyright / Music

‘Hits of the 80s’ Producer Facing Class Action for Breaking ‘Promises, Promises’ to Consumers

On March 20, 2014, Tutm Entertainment, a media company known for producing music albums such as ‘Hits of the 80s’ and ‘Hits of the 90s,’ was hit with a class action suit in New Jersey federal court. The suit, headed by lead plaintiff Celeste Farrell, is seeking over $5 million in damages for advertising practices Farrell claims constitute consumer fraud.

In particular, Farrel’s filing accused Tutm of releasing albums that appeared to contain the original versions of classic hits such as “Cult of Personality” by …

March 20, 2014 Copyright / Litigation

Google & Viacom Settle Seven Year Old Copyright Suit

On March 18, media giants Google and Viacom announced the settlement of a seven year old copyright dispute regarding content posted on YouTube. In 2007, Viacom sued Google for copyright infringement accusing the company of posting Viacom programing on YouTube without permission. The moneyless settlement ends the dispute with what the two companies are referring to as a collaborative effort.

The original suit was filed against YouTube, a Google owned company, seeking more than $1 billion in damages for the alleged infringements. Viacom accused YouTube …

March 6, 2014 Intellectual Property / Rights / TV

Former ‘Mob Wives’ Star Sues Grand Theft Auto V Producers

Karen Gravano, former actress on the TV show Mob Wives, and daughter of real life mobster Salvatore (Sammy the Bull) Gravano, sued the Rockstar Games Co. over the use of a character in the mob-themed “Grand Theft Auto V” video game – a character Gravano asserts was modeled after her without her permission.

The complaint asserts that the make-believe “Antonia Bottino” incorporated Gravano’s image and life story into the game without consulting Gravano or providing her any compensation. The filing noted, “[n]otwithstanding the fact that …

February 28, 2014 Copyright / TV

Simpson’s Voice Man, Hank Azaria, Wins Copyright Dispute over ‘Funny or Die Video’

Hank Azaria, an actor who provides the voices for several characters on the long-running hit TV show The Simpsons, recently won a California federal court dispute over the copyright to Jim Brockmire, a fictional baseball announcer. The fictional character originally premiered in the 2010 “Funny or Die” film entitled “Jim Brockmire, a Legend in the Booth,” a story about a make believe baseball announcer that loses his cool after discovering that his wife had been cheating on him.

Azaria filed the lawsuit in November …

February 27, 2014 Advertising / Trademark

Michael Jordan Wins in 7th Circuit Case over Supermarket Ad

On February 19, the U.S. Court of Appeals for the Seventh Circuit reversed and remanded a lower court’s dismissal of a claim brought by Michael Jordan against Jewel Food Stores. Jordan’s lawsuit alleged that the grocery store misappropriated his identity for the store’s commercial benefit by running an ad in Sports Illustrated that congratulated the ex-player on his 2009 induction into the Basketball Hall of Fame. Though the ad didn’t feature Jordan himself, it prominently displayed a pair of red and white gym shoes featuring …

They Just Wanted to do the ‘Super Bowl Shuffle,’ but now Former Bears are Heading to Court, Looking for Trouble…

On January 31, six members of the 1985 Super Bowl Champion Chicago Bears filed a lawsuit to prevent current license holders Julia Meyer and the Renaissance Marketing Corporation from using the “Super Bowl Shuffle” music video for personal financial gain. The video, which was created by the team three months prior to the Bears’ victory in Super Bowl XX, was an instant success, earning a gold record, a platinum video award, and even a Grammy nomination.

The ex-Chicago bears who brought the suit –Richard Dent, …

Judge Nixes Jury Verdict in EA Sports ‘Madden’ Infringement Case

On January 22, 2014, U.S. District Judge Charles Breyer overturned a multi-million dollar jury award against EA sports in a copyright infringement case. The underlying action was originally brought against the video game giant by Robin Antonick, a programmer who was initially given credit and royalties for creating the first edition of ‘Madden Football’ in 1988. Antonick alleged that subsequent versions of the game were created using his own source code, violating copyright infringement laws and entitling him to compensation. A federal jury agreed with …