American Idol Winner Phillip Phillips Seeks to Void Recording Contract

On January 22, American Idol’s season 11 winner, Phillip Phillips filed a petition to get out of the “oppressive” recording and management contract he signed with American Idol producer, 19 Entertainment.

Prior to winning the 11^th season of American Idol in May of 2012, musician Phillip Phillips signed a recording, management, and merchandising deal with 19 Entertainment that he now claims is to constricting. Phillips is seeking to void the agreements because he feels the company provides too much oversight, and he …

January 29, 2015 Copyright / Intellectual Property, Copyright, and Trademark / Music

“Blurred Lines” Copyright Lawsuit Jury Barred from Listening to Original “Got To Give It Up”

Despite the alleged similarities between Robin Thicke’s hit song “Blurred Lines” and Marvin Gaye’s 1977 “Got To Give It Up,” the jury sitting in the copyright infringement suit will not hear the original recording of the song at all. On January 26, U.S. District Judge John A. Kronstadt in a pre-trial hearing ruled that the actual sound recording of the 1977 hit would be barred.

Judge Krondstadt ruled because Gaye’s performance in the original recording is not at issue, allowing interpretations of the musical …

January 28, 2015 Copyright / Intellectual Property, Copyright, and Trademark

Tom Petty Receives Writing Credit for “Stay With Me;” Sam Smith Claims it Coincidence

Over the weekend, it was reported that Grammy-nominated recording artist, Sam Smith, agreed last year to a settlement with Tom Petty over a copyright dispute with Smith’s song “Stay With Me.”

Sam Smith’s three time Grammy nominated hit single “Stay With Me” released last year, has drawn considerable attention for its catchy melody over the last year. It has also received considerable attention for that melody’s unmistakable similarity to Tom Petty’s 1989 hit “I Won’t Back Down.” The clear similarity raised between the songs raised …

January 28, 2015 Doping / MLB

Yankees Seeking to Avoid Paying Potential $24 Million Bonus to A-Rod

The New York Yankees have made it clear they are still unhappy with Alex Rodriguez despite his return. A-Rod is preparing to return after a year-long suspension for admitted use of steroids and other performance-enhancing drugs. At the same time, the Yankees are avoiding contact with the player, hoping to give him as little time playing as possible, and seeking to void his milestones bonus contract.

Recently, the Yankees have given A-Rod the cold shoulder a few times. They have made it clear that he …

January 27, 2015 NCAA

O’Bannon Plaintiffs Urge 9th Circuit to Affirm Pay-Rule Ban

On January 23, O’Bannon Plaintiffs filed a response to NCAA’s appellate brief that asked the Ninth Circuit to reverse the lower court’s decision allowing student-athletes to be paid.

In a 851-page long filing, the plaintiffs argued that the a limited compensation to $5,000 for every year of academic eligibility pursuant to the court’s decision is “such modest payment” to jeopardize NCAA’s policy on amateurism, a concept that has evolved and eroded admittedly by NCAA. Further, the plaintiffs stressed that because the injunction was not mandatory, …

January 27, 2015 Intellectual Property, Copyright, and Trademark / Trademark

English Car Maker Rolls Out Legal Team to Protect its Trademark from Rapper Royce Rizzy

Last Wednesday, English automaker Rolls-Royce filed a lawsuit in the US District of New Jersey last week against up-and-coming rapper, Royce Rizzy, for trademark infringement. The lawsuit stems from the rapper’s use of the Royce trademark and the “RR Badge.”

The lawsuit claims that Atlanta based Royce Rizzy, otherwise known as Robert Davis, has been using the Rolls Royce trademarks to benefit his rapping career. The luxury automaker cited to his YouTube channel advertisements, his Facebook page, his website, and a “Team Rolls Royce” t-shirt …

January 26, 2015 Litigation / NHL

Bankruptcy Judge Recommends NHL Not Recoup Fees From Coyotes Purchase

On Wednesday, January 21, a U.S. Bankruptcy Court judge recommended that the NHL not be allowed to collect the majority of the $145.9 million it claims from ex-Phoenix Coyotes owner Jerry Moyes.

The lawsuit stems from the NHL’s 2009 purchase of its member team, then named the Phoenix Coyotes. The Coyotes were first purchased in 2006 by Jerry Moyes who realized after two years of operating at a $50 million loss that he could not afford the team. Moyes filed for Chapter 11 bankruptcy …

Photographer Claims Infringement by Nike on ‘Jumpman’ Logo

On Thursday, January 22, a professional photographer filed a copyright infringement lawsuit against Nike Inc. for their alleged excessive use of his iconic photograph of a mid-air Michael Jordan, which ultimately became the “Jumpman” logo.

In 1984, professional photographer, Jacobus Rentmeester, held a photo-shoot of Michael Jordan on the University of North Carolina campus for an up-coming LIFE magazine issue. At that photo-shoot, he captured one of the most well-known images in both sports and fashion. Rentmeester’s lawsuit claims Nike paid $150 for …

January 26, 2015 Contract

Sports Litigation Case Law Update January 2015

In this month’s sports litigation case law update, we report on two decisions issued, coincidentally, on the same day this month, in which two different courts applied contract law in the college sports context.

In Kent State University v. Gene A. Ford, 2015 WL 135032 (Ohio Ct. of App., Jan. 12, 2015), Kent State University commenced an action against Gene Ford and Bradley University, asserting that Mr. Ford, the former head coach of the men’s basketball team at Kent State, breached his contract with …

January 23, 2015 Advertising / Baseball

David Throwing Jabs at Two Goliaths to Keep the Business

Following a couple of left jabs by some owners of Wrigley Field rooftop clubs at the city of Chicago, another group of rooftop business owners threw a right jab at the Cubs and team chairman Tom Ricketts.

According to the filing, the owners alleged the team blamed the rooftop businesses for a drop in Cubs ticket sales and suggested a price-fixing scheme. When the business owners declined the suggestion, the Cubs threatened to block their views with six advertising signs, including a video board in …

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