SiriusXM: “It Ain’t Me Babe”

Mark Volman and Howard Kaylan, the principal songwriters and vocalists of 60’s pop group The Turtles, filed a class-action lawsuit in federal court in the Southern District of New York, against SiriusXM Radio, Inc., the satellite radio giant, captioned Flo & Eddie Inc., et al. v. SiriusXM Radio, Inc.; and Does 1 through 10, No. 13 CIV 5784, in mid-August. Perhaps signaling the urgency and seriousness of the situation, this past week attorneys from the New York-based law firms Weil, Gotschal and Manges LLP…
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Run DMC(A): No Safe Harbor for Vimeo against EMI?

It started with a simple equation: “Vimeo is video + you.” Yet this formula and model for the new “user-generated content”-fueled Internet has morphed into a case that could very well test the limits of the protection afforded to “service providers” under the Digital Millennium Copyright Act (DMCA). This past week, a federal judge found that a particular “safe harbor provision” of the DMCA, which has been invoked successfully by user-generated content providers like YouTube and Veoh in their respective quests to protect and insulate…
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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…
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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…
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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…
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Nintendo 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…
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