Author: Joseph M. Hanna

Joseph M. Hanna is the founder and chair of Goldberg Segalla’s Sports and Entertainment Practice Group and editor of the Sports and Entertainment Law Insider blog. With a national practice and industry-wide reputation for leadership, Joe is consistently ranked among the top 10 attorneys based in Western New York in Business First’s annual Legal Elite, and in 2015, Joe was the youngest honoree ever to be named Lawyer of the Year in the Bar Association of Erie County’s 130-year history. He was named a Rising Star by Law360 in 2014 and is also a member of the Mediator Panel for the U.S. District Court for the Western District of New York.

March 13, 2015 Advertising

Judge Blocks Jordan’s 3-Point Attempt in Right of Publicity Lawsuit

Jordan’s bid to win the right of publicity lawsuit without going to trial failed as a federal district court refused to rule that Jewel’s use of his likeness violated relevant state law as matter of law.

On March 12, District Judge Gary Feinerman denied Jordan’s motion for summary judgment, finding that there remained an unanswered legal question of “the extent to which the scope of the . . . state laws . . . is coextensive with the Supreme Court’s constitutional commercial-speech doctrine.”

To establish …

March 12, 2015 Litigation / NFL

NFL Owes $75,000 in Super Bowl Seating Suit; Witness Tampering Questions Remain

On Thursday, March 12, the NFL was found guilty of breaching its contracts with seven fans who purchased tickets to Super Bowl XLV back in 2011 and is ordered to pay those fans $75,000.

The seven fans brought this lawsuit against the NFL after they were denied the seats they purchased tickets to at the Super Bowl in Arlington, Texas. Only a few hours before game time, the local fire marshal determined the seats unsafe, and the NFL had to scurry to supply new seats. …

March 11, 2015 Copyright / Litigation / Music

Jury Finds “Blurred Lines” a Copy, Awards Gaye Family $7.36 Million

On Tuesday, March 10, a California Jury determined that Robin Thicke and Pharrell Williams copied Marvin Gaye’s 1977 hit “Got to Give it Up” in writing their hit song “Blurred Lines,” awarding $7.36 million in damages to Gaye’s children.

Back in August of 2013, Robin Thicke and Pharrell Williams filed a preemptive lawsuit to declare that their hit song “Blurred Lines” did not infringe on the copyright of Marvin Gaye’s “Got to Give it Up.” Ever since that point, the music world has …

March 10, 2015 Trademark

Oprah Free to Say “Own Your Power”

On Thursday, U.S. District Judge Paul Crotty ruled that Oprah Winfrey may use the phrase “Own Your Power,” ending a trademark battle that started in 2011. Ruling in favor of Oprah, the judge found that Oprah demonstrated that the phrase “lack[ed] the requisite distinctiveness” to warrant trademark protection.

The suit was brought by Simone Kelly-Brown, a motivational speaker and business coach, who runs Own Your Power Communications, Inc. She argued that the phrase was registered in 2008. Then in 2010, the Oprah …

March 9, 2015 Litigation

Tampa Bay Buccaneers Settle with Cheerleaders for $825k

On Friday March 6, the Tampa Bay Buccaneers reached a cash settlement with their cheerleader squad, ending an almost year-long wage dispute.

Last May, Manouchcar Pierre-Val, a Tampa Bay Buccaneers cheerleader during the 2012-2013 season, filed a lawsuit against the team claiming unfair wages and treatment. According to the lawsuit, Pierre-Val and other cheerleaders were paid less than $2 per hour. The cheerleaders received $100 per game, but were not compensated for practice time, charity events, clinics, and shooting their swimsuit calendar. Though unpaid for …

March 7, 2015 Litigation / NFL

NFL’s Goodell Says Mea Culpa for Super Bowl Seating Problems

A taped deposition of NFL Commissioner Roger Goodell was played for jurors at the Super Bowl XLV seating trial. In the recording, Goodell blamed the league, not the Dallas Cowboys, for the fiasco that left over 400 ticket holders without seats at all while other affected ticket holders had seats with restricted views.

When asked whether the Cowboys and owner should be held responsible for the seating problem, Goodell responded,

“I’m not blaming others. I’m blaming ourselves. I’m accepting responsibility. It is

March 6, 2015 Copyright / Intellectual Property, Copyright, and Trademark / Music

The Secret Is Out: How Much Artists Make on a Hit Like “Blurred Lines”

$16.6 million. That is the profit that the hit song “Blurred Lines” has generated since its release. While the profitability of a song is highly guarded secret in the industry, Robin Thicke was forced to reveal the number during the copyright infringement trial. Of the total profit, he and Pharrell Williams each took over $5 million.

The copyright infringement dispute arose when the family of deceased “Got to Give It Up” singer Marvin Gaye sued Thicke over allegedly ripping off Gaye’s song. Arguing …

March 5, 2015 Litigation / NFL

Super Bowl Seating Trial Underway; Angry Fans Claim NFL Greedy

On Monday, March 2, a jury was selected and the trial finally began in the 2011 Super Bowl seating snafu lawsuit that was brought by eight plaintiffs seeking damages for their unsatisfactory experience at the game

In 2011, the Green Bay Packers defeated the Pittsburgh Steelers in the Super Bowl held in the Dallas Cowboys’ stadium in Arlington Texas. Some ticket holding patrons, however, missed it. The eight plaintiffs in this lawsuit, in addition to 200 other plaintiffs in a second pending lawsuit, are suing …

March 4, 2015 Antitrust / MLB

San Jose Takes MLB Antitrust Case to Supreme Court

As anticipated, the San Jose City Council unanimously voted to appeal the antitrust case challenging MLB’s antitrust exemption.

The dispute arose when San Jose’s attempt to relocate the Oakland Athletics to the South Bay was halted by the MLB’s territorial restrictions. In the lawsuit, the city argued that the territorial rule granting the San Francisco Giants club the right to block the A’s relocation as well as alleged stalling by an MLB relocation committee violated antitrust laws.

After the district court dismissed the suit, the …

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 …