September 28, 2014 Intellectual Property, Copyright, and Trademark / Music

Thicke Says No “Blurred Line” Between Idea and Expression

While news stories last week reported about Thicke’s admission during deposition that he did not write the hit song “Blurred Line,” Thicke on Monday responded to a memorandum filed by the Gayes family and Bridgeport Music, Inc. in opposition of Thicke’s Thicke v. Gaye.

Thicke criticized the expert witness for the Gayes was less persuasive as she failed to provide any transcription analysis possibly to avoid revealing “how different the notes are.” Thicke further claimed his musicologist’s analysis dissecting the alleged similar parts into …

September 27, 2014 Litigation / NCAA

Ninth Circuit Takes NCAA’s Appeal of the O’Bannon Case in Expedited Manner

The Ninth Circuit Court of Appeals agreed to hear the NCAA’s appeal of the O’Bannon case in a speedy manner after the parties filed a joint motion last week to expedite the schedule for briefs and oral arguments so that they have a decision before the permanent injunction by Judge Claudia Wilken becomes effective on August 1, 2015.

Typically, the Ninth Circuit does not schedule appeals before all briefs are filed. Originally, the NCAA was to submit its opening brief by November 28, and the …

September 27, 2014 Copyright

Peruvian Author Suing Disney for $250M Claiming ‘Frozen’ Is Her Story

A Peruvian author is suing Disney for $250 million, alleging ‘Frozen’ is not based on the Andersen fairy tale The Snow Queen but rather on her book. In 2010 Isabella Tanikumi wrote an autobiography titled Yearnings Of The Heart depicting her life in the Andean mountains of Peru. The synopsis of her book posted on Amazon says that Tanikumi’s autobiography portrays a young girl overcoming personal insecurities and various challenges in her life. However, it does not seem to feature a talking …

September 26, 2014 NFL

NFL Asks Court to Dismiss NFLPA’s 2010 Salary Cap Collusion Claim

The NFL is seeking the court to nix the NFLPA’s claim that teams colluded to cap salaries in 2010 during which salaries were unrestricted because the league opted out of the collective bargaining agreement (CBA) with the players.

In a filing submitted on Wednesday, the NFL argued that the NFLPA is not entitled to any relief because the players voluntarily decided to release the collusion claim in a February 2013 CBA. Additionally, there was a separate release in the 2011 CBA barring the NFLPA’s current …

September 26, 2014 Copyright / Music

Jay Z Fights Back Copyright Suit Over Sampling of ‘Oh’ in “Run This Town”

Jay Z filed a motion to dismiss a copyright infringement lawsuit brought by Record label TufAmerica before a New York federal district court. The suit alleged that Jay Z and Rihanna’s hit song “Run This Town” sampled the Eddie Bo song “Hook & Sling” without authorization.

According to the filing, Jay Z allegedly misappropriated ‘oh’ sound from “Hook & Sling” throughout “Run This Town.” In filing the motion to dismiss, Jay Z’s legal team argued that the claim was “misguided” as it was not …

September 24, 2014 Intellectual Property, Copyright, and Trademark / NFL

Another Hurdle for the Washington Redskins Fight for Trademark Protection

In June, a group of five Native Americans successfully challenged the Washington Redskins’ trademark as disparaging. Now, the five Native Americans asked a federal judge to dismiss the team’s counter-lawsuit to reverse the U.S. Patent and Trademark Office’s (USPTO) decision. The Native Americans filed a motion in U.S. District Court arguing that the team does not have a legal right to sue the five Native Americans to reverse the USPTO’s ruling.

After the USPTO ruled in favor of the Native Americans, the Washington Redskins …

Avatar Avoids Another Lawsuit

On Wednesday, September 17, Judge Furman of the Southern District of New York federal court granted a motion dismissing claims against James Cameron for alleged copyright infringement in the 2009 blockbuster film Avatar.

The judge’s dismissal relieves Cameron of the fourth lawsuit in the past year stemming from the film Avatar. This cause of action was brought by Roger Dean, an English artist, whose works include album covers for the bands Yes, Uriah Heep, and Asia. Dean sought more than $50 million for …

September 22, 2014 Litigation / MLB

The 9th Circuit Might Be On The Slugger’s Side

The 9^th Circuit Court of Appeals is rehearing an obstruction of justice conviction against retired baseball star, Barry Bonds. The conviction stems from Bonds’ 2003 grand jury testimony that was investigating steroid use among professional athletes. Under a grant of immunity, Bonds denied knowingly using steroids or any performance-enhancing drugs provided by the Bay Area Laboratory Co-Operative or his trainer, Greg Anderson. When asked about steroid use, Bonds digressed from the question and instead talked about his childhood and his father. Bonds’ eventually answered …

September 21, 2014 NHL

Detroit Red Wings to Build New Arena With $450 Million in Bonds

On Wednesday, September 17, the Michigan Strategic Fund board gave final approval for the sale of $450 million in 30 revenue bonds to help finance a new Detroit Red Wings Arena.

The financing plan includes $250 million in tax-exempt bonds and another $200 million in variable-rate taxable bonds backed by arena concessions fee payments. Under the plan, Olympia Development, part of Ilitch Holdings (owners of the Detroit Red Wings), will pay 44% of the cost and the Detroit Downtown Development Authority (who would …

Sports and Entertainment Law Insider™

LATEST INSIGHTS