January 29, 2020 Advertising / Celebrities / Golf / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / PGA / Sponsorships / Trademark

Fore! Jack Nicklaus Sues Maker of Golf Training Technology for Trademark Infringement

Golf legend Jack Nicklaus has sued PowerPro Sports LLC, alleging that they are unlawfully using his likeness and trademarks without his permission to promote a product.

Nicklaus Companies LLC, Jack Nicklaus’ corporate vehicle, has sued PowerPro in Florida federal court. PowerPro makes the Powerchute golf training technology, which the company claims improves golf swing through the use of aerodynamic drag. Nicklaus argues that PowerPro violated his right of publicity under Florida law, as well as violated the federal Lanham Act by engaging in false endorsement, …

December 12, 2015 Golf / Litigation

Titleist’s “Dimplegate” Lawsuit Lives On: Federal Judge Denies Defendants’ Motion to Dismiss

Three golf ball sellers must defend against patent infringement claims in a Massachusetts federal court as their motions to dismiss were denied. The defendant sellers argued that the case should be dismissed due to a lack of personal jurisdiction — they contended the plaintiff, Acushnet Co., could not prove the defendants had the minimum contact with Massachusetts necessary to obtain personal jurisdiction.

Acushnet is the owner of Titleist, perhaps the most popular golf ball brand. In a federal action filed in Massachusetts during Spring 2015, …

July 16, 2015 Intellectual Property, Copyright, and Trademark / Litigation

Truce: Orostream LLC And World Wrestling Entertainment Inc.’s Legal Battle Ends In A Stipulated Motion For Dismissal

The legal battle between Orostream LLC and World Wrestling Entertainment Inc. came to an end on Wednesday when a Texas federal judge signed off on an order granting a stipulated motion for dismissal that both parties had filed with the court on Tuesday.

Orostream originally filed the suit against WWE, along with various other sports and entertainment companies, alleging that the companies’ mobile content distribution applications infringed on Orostream’s data-transfer U.S. Patent Number 5,828,837. WWE counter-claimed, alleging that claim 37 of U.S. Patent Number 5,828,837 …

June 20, 2015 Litigation

Beastie Boys Lose the Fight for their Right…to Full Attorneys’ Fees

On Monday, a federal judge awarded the Beastie Boys far less in attorneys’ fees than they had hoped for. This follows a lawsuit filed by the Beastie Boys against energy drink company Monster Energy Co. for the company’s infringement on Beastie Boys’ songs in a promotional video.

The Beastie Boys had initially requested $2.4 million in attorneys’ fees after their $1.7 million victory over Monster Energy. Instead, the judge’s ruling gave the group $667,000. The judge’s reasoning behind this was that the Beastie Boys chose …

April 9, 2015 Intellectual Property, Copyright, and Trademark / Trademark

Former San Diego Chargers Wants $18M For “Lights Out” Trademark Infringement

On April 6, Shawne Merriman, former San Diego Chargers linebacker, filed a motion for summary judgment to ask the judge to resolve the trademark infringement dispute that began last year against Nike over “Lights Out” mark.

Claiming the ownership of the mark, Merriman said, “After I was given the nickname ‘Lights Out’ ® in high school, I decided to create a brand while I was at the University of Maryland. From 2002-2005 I sold approximately 2000 t-shirts printed with the Lights Out …

March 31, 2015 Copyright / Intellectual Property / Intellectual Property, Copyright, and Trademark / Litigation / Music / Trademark / TV

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 …

March 19, 2015 Advertising / Copyright

Nike Asks Court to Nix Copyright Infringement Suit over ‘Jumpman’ Logo

Nike filed a motion to dismiss a lawsuit filed by Jacobus Rentmeester, a photographer who shot a mid-air Michael Jordan in 1984, an image which allegedly became the Jumpman logo.

Rentmeester filed a suit in January 2015, alleging Nike misappropriated his work to create the famous “Jumpman” logo which is essentially a silhouette of Michael Jordan appearing to be in the process of a dunk. More specifically, Rentmeester claimed that Nike used his photograph of Jordan published in a 1984 issue of Life magazine. …

Seth MacFarlane Sued over Talking Bottle Opener

The Ted and Family Guy creator Seth MacFarlane along with Universal Pictures, Media Rights Capital and Target found himself in a legal trouble when Michael Cram who claims to be the inventor of a talking bottle opener filed a copyright infringement suit over a promotional talking bottle opener included in the special edition Blu-ray/DVD of Ted.

In a suit filed on February 25, Cram claimed that he invented the no-button talking bottle opener as well as the talking beer mug and has sold them …

Robin Thicke Takes Center Stage in Court to Show No Copyright Infringement

From the witness box in a federal courtroom in Los Angeles, Robin Thicke sang, played the piano, and even danced a bit to demonstrate to the jury that his song did not infringe on Marvin Gaye’s “Got To Give It Up.”

Thicke’s performance took place after U.S. District Judge John A. Kronstadt held in a pre-trial hearing that the jury would not hear the actual sound recording of Gaye’s 1977 hit. Since Gaye’s performance in the original recording is not at issue, the …