1970’s funk band Bloodstone filed suit in Missouri federal court on May 20, 2013 against Universal Music Group, Inc. (UMG) for copyright infringement of their 1979 song “I’m Just Doing My Job.” The Complaint, filed by members of Bloodstone alleges that UMG gave rappers T.I. and Kanye West a license to sample the 1979 song for use in TI’s hit “Doin’ My Job” without permission from the band. Bloodstone members Charles Love, Harry Williams, and Charles McCormick retain the sound recording and composition rights for …
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Classic Novel at the Center of New Copyright Battle
On May 3, 2013, “To Kill a Mockingbird” author Nelle Harper Lee sued her former literary agent Samuel Pinkus and agency Veritas Media, Inc., accusing them of deceiving her into handing over the copyright to the book for nothing and wrongfully retaining the related commissions that Lee was entitled to.
The back story is a relatively complicated one: Lee’s complaint asserts that Pinkus took advantage of his father-in-law’s ailing health back in 2002, snagging all the father-in-law’s clients from his literary agency McIntosh & Otis, …
Continue ReadingSongwriters Seek ‘Somebody’ to Sue – Hit Bieber and Usher with $10 Million Copyright Infringement Suit
On May 2, 2013, Justin Bieber, Usher, and Universal Music Corporation were slapped with a $10 million copyright infringement lawsuit by Virginia songwriters Devin Copeland (a.k.a. ‘De Rico’) and Mareio Overton. Plaintiffs accuse Bieber and the others of stealing their song “Somebody to Love” – a song which Bieber released as a hit single in 2010. Usher and Bieber later collaborated to release a remix of the song.
Plaintiffs allege they handed the song over to music industry scouts in 2008, and it was then …
Continue ReadingO’Bannon Lawsuit Could Change the Face of NCAA Athletics
Former UCLA basketball player Ed O’Bannon began his antitrust legal dispute against the National Collegiate Athletic Association (“NCAA”) back in 2009, when he sued the NCAA for wrongfully profiting off the likenesses of former student athletes in EA Sports video games. The suit accuses the NCAA of forcing students to waive the right to make money off of their likenesses, a behavior which amounts to an illegal restraint of trade.
In a new twist, in her January ruling, federal Judge Claudia Wilken permitted O’Bannon to …
Continue ReadingNintendo Clobbered by Tomita with $30 Million Verdict in Patent Litigation
On March 13, 2013, a jury awarded a $30.2 million dollar verdict to Tomita Technologies International Inc. in its patent infringement with the Nintendo Co. Ltd. Tomita’s suit accused Nintendo of infringing on its “Stereoscopic imaging picking up and display system based upon optical axes cross-point information” patent (which displays 3-D images viewable without special glasses) by using the technology in Nintendo’s 3DS hand-held video game system. .
Seijiro Tomita (the founder of Tomita Technologies) spent 30 years working at Sony as an engineer/inventor, and …
Continue ReadingKhroma Kroma Kardashian: Makeup Artist Claims Perceived Endorsement by Reality Stars Devalues her Cosmetics
Lee Tillett, an Altamonte Springs makeup artist in Florida, is suing the Kardashian sisters — Kim, Kourtney and Khloe — and Boldface Group Inc. for $10 million in trademark infringement counterclaims, alleging they stole the name of her cosmetics line. Tillett filed her lawsuit on Wednesday in federal court in Los Angeles.
Tillett filed a claim last year for copyright infringement, but Boldface sought a declaratory judgment in November to use the Khroma name despite Tillett’s trademark to the name Kroma. Tillett’s counterclaim was filed …
Continue ReadingClint Eastwood Takes on Another Chair: Settles Lawsuit Against Furniture Manufacturer
Clint Eastwood has reached a settlement in his lawsuit against Evofurniture LLC which accused the furniture manufacturer of impermissibly using Eastwood’s name on various furniture products – such as chairs, ottomans, and entertainment centers – without permission. Among other things, the action asserted claims of misappropriation of name and persona. According to a court notice filed on October 15, 2012, the settlement includes the issuance of an injunction barring Evofurniture from naming any furniture products after Eastwood in the future. Monetary terms of the settlement …
Continue ReadingDat’s My Slogan…‘Big Easy’ Coffee Shop Sued Over Trademarked Rallying Cry
On October 4th, 2012, Judge Barbier in the Eastern District of Louisiana denied Who Dat Yat Chat, LLC’s motion for summary judgment seeking to dismiss Who Dat Inc.’s lawsuit claiming trademark infringement for use of the slogan, “Who Dat”. “Who Dat,” the Saint’s rallying cry, was previously trademarked by Who Dat Inc., co-merchandiser with the National Football League, which produced an Aaron Neville song in 1983 using the slogan, according to lawyers for Who Dat Inc.
Who Dat Yat …
Continue ReadingIt’s a bird, it’s a plane, it’s a … barber? Barbershop Sued by DC Comics over Superman Marks
DC Comics has filed a trademark infringement suit against a Florida barbershop owner in federal court. The suit accuses the owners of “Supermen Fades to Fros LLC” of using signs, promotion materials and logos which bear DC Comics’ trademarked “Superman” materials.
DC Comics requested that the shop owner cease the use of the marks on multiple occasions without result. DC’s complaint notes that “DC has never at any time authorized defendants to utilize the infringing promotions in conjunction with any barbershop business and/or the sale …
Continue ReadingMemorabilia Collector Settles Copyright Infringement Suit by Jackson Estate
On September 4, 2012, the estate of Michael Jackson agreed to settle the late singer’s copyrights and misappropriation of likeness claims against a memorabilia collector for $2.5 million. The case was set to proceed to trial on September 5, 2012.
The settlement comes almost a month after U.S. District Judge Dean D. Pregerson granted the estate’s motion for partial summary judgment, which found Howard Mann and Vintage Pop Media Group LLC liable for copyright infringement (and several other claims).
The estate’s suit accused Defendants of …
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