This past week, the Third Circuit Court of Appeals’ decision in the case Ryan Hart v. Electronic Arts, Inc., Index No. 11-3750, paved the way for a showdown that could fundamentally change the way the National Collegiate Athletic Association (NCAA) goes about its business. In the case, Hart alleged that Electronic Arts (EA) had violated his right of publicity under New Jersey law by including his “likeness” in its video games NCAA Football 2004, 2005, and 2006. EA had previously won a motion …
Continue ReadingAuthor: Goldberg Segalla
Touchdown Jets! Federal Judge Rules New York Football Team Can Use “Ultimate Fan” Phrase
New York Jets LLC recently scored a touchdown when a Louisiana Federal Court ruled that a sports marketing company no longer owned the trademark to “Ultimate Fan.” On May 30th, United States District Judge Jane Triche Milazzo of the Eastern District of Louisiana granted the Jets’ motion for summary judgment against Action Ink Inc. holding that the ‘Ultimate Fan’ trademark was abandoned and Action Ink had no enforceable trademark rights to the phrase.
Action Ink sued the Jets in 2012 claiming that it …
Continue ReadingA Lady Never Tells Her Age, But IMDb Does: Actress Loses Suit Against “Bible of the Industry”
Huong Hoang, a/k/a, Junie Hoang, star of Gingerdead Man 3: Saturday Night Cleaver, recently lost her suit against the Internet Movie Database when a Washington State Federal Jury rejected her claim that the database provider breached Hoang’s subscriber agreement.
The B-movie actress sued IMBd.com after it published her true date of birth over her objection. Originally suing as ‘Jane Doe’ in 2011 claiming breach of contract, fraud, and violations of Washington’s privacy and consumer protection laws, Hoang had to re-file using her true name …
Continue ReadingNFL Star Considering Malpractice Suit
A recent contract negotiation blunder may result in a hefty malpractice claim by a professional football player against his agent. The former agent for NFL defensive end, Elvis Dumervil, is in hot water over his handling of Dumervil’s contract negotiations with the Denver Broncos. Due to his agent’s failure to timely transmit an executed contract to the team worth $8 million per year, Dumervil is unemployed and considering a suit.
NFL teams must decide whether to release or retain players by a league …
Continue ReadingThe Islamic Republic of Iran takes on Producers of ‘Argo’
Iran is considering suing the producers of Argo claiming that the Oscar winning best picture provided an unrealistic portrayal of the country during the seizure of the United States Embassy in 1979. The decision to potentially litigate resulted from a recent screening of the film by Iranian cultural officials and movie critics in Tehran as part of an event entitled “The Hoax of Hollywood”. The Iranian government alleges that the film is an attack on Iranian culture and international cultural norms.
The film depicts the …
Continue ReadingIn the Hot Seat: Exposure to Armstrong Increases Substantially in Light of Recent Admissions
Seven time Tour de France ‘winner’ Lance Armstrong likely faces increased and significant financial exposure as a result of his recent televised admissions regarding his use of performance enhancing drugs during nearly all of his cycling competitions. Indeed, Armstrong could stand to lose a significant chunk of his estimated $125 million fortune as a result of the two part interview with Oprah Winfrey as a result of civil actions seeking financial damages based on claims for defamation, malicious prosecution, and fraud. Moreover, he will almost …
Continue ReadingGirl in Hot Water: Songwriter Sued for Alleged Copyright Infringement
Alicia Keys is being sued by songwriter Earl Shuman for allegedly sampling a portion of his 1960’s composition, Hey There Lonely Girl, in her new single Girl on Fire. Keys’ song, which was released on September 4, has risen to No. 21 on Billboard’s Hot 100 Singles Chart.
On December 10, Shuman brought suit in the Central District of California claiming that the 31 year old singer/songwriter never sought permission to sample from the 1962 song composed by Shuman and his writing partner, …
Continue ReadingInsurance Companies Score First in Battle For Home-Field Advantage in Case to Decide Forum For Coverage Issues in Concussion Cases
There is something about home-field advantage. Maybe it’s the hometown fans there to cheer on their team, or maybe it’s the familiarity of the venue. Whatever it is, almost every team would rather play on their home turf. And this brings us to one of the bigger disputes associated with the NFL concussion lawsuits.
In August 2012, the NFL and its current and past insurance companies began posturing for their own home-field advantage of sorts to decide coverage issues in the concussion lawsuits brought by …
Continue ReadingTagliabue Issues Balancing Act Ruling in Pay for Performance
On Tuesday, December 11, 2012, in a balancing act that even Solomon could probably appreciate, former NFL Commissioner Paul Tagliabue issued his written opinion (posted at NFL.com) in the pay-for-performance scandal which has plagued the New Orleans Saints.
The pay-for-performance scheme created incentives for Saints’ players to render “opposing players unable to play.” In issuing his opinion, Tagliabue noted his belief that
… Continue Readingit is in the best interest of all parties for me to resolve this issue as completely as possible, so that
Mickey, I am Your Father…
The Walt Disney Company recently announced that it will pay just north of $4 billion for George Lucas’ production company, Lucasfilm, Ltd. Disney, whose recent acquisitions include such entertainment powerhouses as comic book giant Marvel Entertainment and the computer animation company Pixar, revealed that it will continue to produce more films in the “Star Wars’ saga. Lucas, who was the sole owner of the company baring his namesake, will become the second largest non-institutional shareholder of Disney stock when he receives 40 million shares as …
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