Robin Thicke Takes Center Stage in Court to Show No Copyright Infringement

From the witness box in a federal courtroom in Los Angeles, Robin Thicke sang, played the piano, and even danced a bit to demonstrate to the jury that his song did not infringe on Marvin Gaye’s “Got To Give It Up.

Thicke’s performance took place after U.S. District Judge John A. Kronstadt held in a pre-trial hearing that the jury would not hear the actual sound recording of Gaye’s 1977 hit.  Since Gaye’s performance in the original recording is not at issue, the …

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“The Blueprint” for an Infringement?

A recently-filed case in a California federal court has Jay-Z and his promoters at Live Nation wondering whether they’ll continue to reap the benefits of the 1999 hit single Big Pimpin’ or whether they’ll be “spending G’s” to clean up a potential infringement posed by a sample looped throughout one of S. Carter’s most famous tracks.  Last week, an Egyptian plaintiff named Osama Ahmed Fahmy sued Live Nation Entertainment, Inc., seeking unspecified actual damages and costs, alleging Live Nation’s continued “use” of Big Pimpin’ in …

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“I’m just here so I won’t get fined” Trademarked by Lynch in Response to Fans

Last week, Seattle Seahawks star running back Marshawn Lynch filed a trademark of the now-household phrase “I’m just here so I won’t get fined,” which he popularized during Super Bowl XLIX media day.

Marshawn Lynch has had a storied history with the media, giving reporters little to nothing worth printing during interviews.  Some say it is selfish for him to withhold his opinion from his fan base, and some say it is unfair to force the football player to speak about the game.  Either …

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Lawyers for Redskins Put Different Spin on Trademark Case

The Redskins filed a motion to overturn the Trademark Trial and Appeal Board’s decision to cancel the team’s trademark because it infringes on freedom of speech rights and “unfairly singles the team out.”

The lawyers for the team argued that the cancellation decision “unfairly singles out the Redskins for disfavored treatment based solely on the content of its protected speech, interfering with the ongoing public discourse over the Redskins’ name by choosing sides and cutting off the debate.  This the U.S. Constitution does not tolerate.”…

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Washington Redskins Argue a Violation of their Free Speech

The Washington Redskins fought back against the recent decision by the US Patent and Trademark Office cancelling the team’s  trademark protection over the use of the term ‘redskin’ as many Native American groups find it disparaging.

The court papers filed Monday by the team argue the law denying registration of disparaging trademarks is unconstitutional because it infringes on the team’s First Amendment right to free speech.  The team’s attorneys argue the cancellation of the trademarks disfavors the team and singles them out, “interfering with the …

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Donald Trump Takes Doral Noise Ordinance Issue Out of Court

Donald Trump decided to drop the lawsuit he filed a week ago against the City of Doral that challenged the constitutionality of the city’s noise ordinance.

Instead, Trump decided to have negotiation talks with the city, according to his spokesman Ed Russo who said, “In good faith, we have decided to voluntarily withdraw our lawsuit against the city, and we look forward to productive discourse regarding this matter.”  The ordinance at issue is Section 26-128 of Doral’s charter that provides that the standard for …

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Sports Litigation Case Law Update February 2015

This month’s sports litigation case law update demonstrates how sports can touch a broad variety of areas of law, from environmental challenges to medical malpractice to contract claims to constitutional due process.  The common thread this month – defendants went undefeated.

 

Sacramento’s Downtown Arena Project Withstands Challenge Under the California Environmental Quality Act 

Saltonstall v. City of Sacramento, 2015 WL 708608 (Cal. Ct. of App., Feb. 18, 2015)

The California state appellate court faced a challenge under the California Environmental Quality Act to …

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Appeals Court OK’s Lawsuit Against Jack Nicklaus to Go Forward

A Colorado couple succeeded in dragging Jack Nicklaus into a legal battle after a federal appeals court allowed the suit to go forward.

The couple Jeffrey and Judee Donner filed a lawsuit in 2011 against Nicklaus over a misrepresentation of his membership in Mount Holly, a luxury golf resort in Utah that went bankrupt in 2009 before it was even open.  They also alleged that the legend “solicited” them in 2007 to invest $1.5 million in the resort.

More specifically, they mentioned promotional video that …

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NFL Concussion Suit: Further Changes to Settlement Agreement

Both the plaintiffs and the NFL amended the tentative settlement plan in the NFL concussion suit again in response to U.S. District Court Judge Anita Brody.

Early in February, Judge Brody issued an order that contained recommendations to “enhance the fairness, reasonableness and adequacy” of the proposed settlement agreement. The parties had until Friday to address her five concerns.

First, Judge Brody urged to expand the provision that only counted NFL playing seasons in calculating eligibility of players. The revised agreement credits a half-season for …

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Biogenesis Leader Bosch Sentenced to 4 Years in Prison

On Tuesday, February 17, steroid supplying, faux-doctor Anthony Bosch was sentenced to four years in federal prison for running an illegal medical clinic  and providing illicit substances to MLB players and high school athletes.

Bosch’s phony medical clinic, Biogenesis of America, is responsible for supplying steroids to 14 MLB players including Alex Rodriguez and Ryan Braun, who were penalized by the league for their use of performance enhancing drugs.  Showing tears and remorse in court, District Judge Darrin Gayles was not lenient, expressing contempt for …

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