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 …

Continue Reading

Marvin Gaye Estate to Robin Thicke: Let’s Get It On

Robin Thicke was back in the news this past week. No, we’re not talking about his provocative appearance with Miley Cyrus at the MTV Video Music Awards, which garnered him — and his performance partner — attention the world over. A recent development regarding the undisputed song of the summer, “Blurred Lines,” has Thicke wondering whether he’s “Got To Give It Up.” It was reported that the Estate of Marvin Gaye rejected a “six-figure” offer to settle a copyright infringement lawsuit against Thicke.

This comes …

Continue Reading

Advantage, Williams Sisters?

As Serena Williams effortlessly marched on to the third round of the U.S. Open in Flushing Meadow yesterday, it was a recent victory for the Open’s number-one seed on (or in) another court that caught the Sports Law Insiders attention in the last couple of weeks. On August 13, in the case entitled United States Tennis Association Incorporated v. VSW Productions LLC, M& M Films, Inc., Maiken Baird and Michelle Major, 13 CV 4124, District Judge Nelson Roman of the Southern District of New …

Continue Reading

Costner Claims Robin Hood Production Company is Robbing From the Rich, Giving to Themselves

On August 8, 2013, Los Angeles Superior Court Judge Richard Stone denied, for a second time, actor Kevin Costner’s claim that Morgan Creek Productions Inc. fraudulently denied him profits from the 90’s hit film Robin Hood: Prince of Thieves.  However, Judge Stone granted the actor leave to amend the complaint to re-plead a claim for fraud keeping alive the possibility for a damages award more significant than one based solely on breach of contract.

In his decision, Judge Stone found insufficient facts to …

Continue Reading

Do the NFL and Its Fans Care About Steroids?

In the wake of the notorious Alex Rodriguez/Biogenesis/performance enhancing drug (PED) scandal, fans have been questioning the lack of response from various other sporting organizations. The Biogenesis scandal has implicated more than just MLB players. Indeed, athletes from the NBA, MMA, tennis and NCAA have also been caught up in this scandal. Surprisingly, no players from the NFL have been implicated and the main reason is because these steroids are legal so they will not have any problem.

Since 2010, the NFL has adhered to …

Continue Reading

I.AM.INFRINGING?

Blurring the lines (via possible dilution, of course) of who has the right to a trademark incorporating the words “I AM,” early last week Judge Michael Dolinger of the Southern District ordered attorneys to agree to a discovery schedule and move forward with the case I Am Other Entertainment LLC v. William Adams and I.Am.Symbolic, LLC, 13-cv-4547 or, as everyone else knows it, the lawsuit in which Pharrell Williams (Pharrell), writer/rapper/singer/producer and the voice behind some of this summer’s biggest hits (Daft Punk’s “Get …

Continue Reading

Producers of “Dumb” Sequel Ask Court to Freeze Out Original Production Team

Red Granite Pictures Inc., the production behind the long awaited comedy sequel Dumb and Dumber To, has asked a California Court for a declaratory judgment seeking to preclude the producers of the first 1994 film from getting any fees or credits on the new film.  The complaint filed in the Los Angeles County Superior Court on July 15th alleges that the producers of the original movie, Brad Krevoy and Steve Stabler, are not entitled to producer fees or production credit.  Mr. Krevoy and Mr. …

Continue Reading

NCAA Punishment? Just Do It, Says Oregon U.

On June 26, 2013 the NCAA issued a Public Infractions Report against the University of Oregon, ruling that former Ducks head coach Chip Kelly failed to monitor the football program. The report cited a recruiting service as its basis for the infractions.

The University of Oregon hired a Texas scout, Will Lyles, for recruitment services for its football program. Lyles provided cash, lodging, travel, and academic aid, and made personal contact with high school prospects and their families. This is a violation of NCAA recruiting …

Continue Reading

RGIII’s Trademark Application Faces Its First Test

As the trademark world anxiously awaits the decision of the three-judge panel at the Trademark Trial and Appeal Board (and which we’ll be covering in great depth in our enhanced Intellectual Property, Copyright, and Trademark section of the blog), regarding whether the Washington Redskins logo is disparaging and thus whether the ’Skins would be forced to relinquish trademark protection over perhaps their most prized asset, Washington’s star player, Robert Griffin III, was in court settling a trademark dispute of his own.

Griffin, who is …

Continue Reading

Keeping Up With the Counterclaims: Tria Beauty, Inc. and Kim Kardashian Are Denied Insurance Coverage

On May 21, 2013, a California Federal Judge denied insurance coverage to Tria Beauty, Inc. in a case involving false advertising allegations against rival Radiancy, Inc.  In response, Radiancy, Inc. raised several counterclaims against Tria Beauty. What made the case especially noteworthy is the involvement of Tria Beauty’s leading spokeswoman, the wildly famous and always controversial Kim Kardashian.

The coverage claim providers, National Fire Insurance Co. of Hartford, and Travelers Property Casualty Co. of America, denied coverage to Tria Beauty, Inc. The coverage dispute was …

Continue Reading