August 30, 2014 Copyright / Intellectual Property, Copyright, and Trademark / TV

CBS Sued Over Farting Hippopotamus

A recurring stuffed animal on the hit CBS show, NCIS, is causing the broadcasting corporation legal woes this week. On August 25, CBS Broadcasting was sued by world renowned puppet maker, Folkmanis Inc., for infringing its copyrights by producing and selling “Bert the Farting Hippo” products.

Abby Sciuto, the goth forensic scientist on NCIS, introduced her furry, farting stuffed animal, Bert back in 2003. Since his first appearance, Bert the Farting Hippo has made over a dozen appearances on the television show, garnering …

August 29, 2014 Litigation / NBA

Appeals Court Agrees Cuban Is Not Mismanaging Mavericks.

On Thursday August 21, judgment was entered in the Court of Appeals for the Fifth District of Texas affirming the trial court’s November 2011 decision that the Dallas Mavericks were not being mismanaged and did not require court-appointed receivership.

The lawsuit, filed in 2011 by previous majority owners, Hillwood Investment Properties III Ltd., claims that Mark Cuban’s ownership of the Mavericks has been “careless and reckless” resulting in a loss of substantial investment value to the now minority owners. Hillwood is seeking court-appointed receivership due …

August 28, 2014 Litigation / TV

Contestant Sues Viacom; “Dating Naked” Was “Not What She Anticipated”

On Friday, August 22, a contestant from VH1’s series “Dating Naked” filed a $10 million lawsuit against Viacom and two other production companies for broadcasting images of her naked.

Jessie Nizewitz, a model from New York, participated in the reality television show “Dating Naked,” which aired in July. The show revolves around several male and female participants who strip down to the buff and go on dates with each other in an island paradise. During an on-beach wrestling incident, Niewitz claims that her …

August 27, 2014 Litigation / NHL

Moore and Bertuzzi Settlement Called Into Question

The announced settlement between Steve Moore and Todd Bertuzzi, ending 10 years of litigation, has been called into question by Moore’s older brother Mark, who denies any such deal was reached.

Merely hours after it was announced that the Moore and Bertuzzi lawsuit was settled outside of court, Mark Moore stated publicly that it is only a ploy. Mark told reporters that his brother told him there was no deal and that the Moore legal team believes Bertuzzi and the Canucks were trying to pressure …

August 26, 2014 Copyright / Intellectual Property, Copyright, and Trademark

No Copyright Protection in a Monkey ‘Selfie’

The U.S. Copyright Office responded to a somewhat unconventional photograph of a female macaque monkey. The Copyright Office stated that “a photograph taken by a monkey” is not eligible for copyright protection.

In 2011, British photographer David J. Slater spent three days in Indonesia to photograph black macaque monkeys. During the three days, a female macaque snatched Slater’s camera and snapped a few pictures. One picture in particular was a macaque smiling into the camera; thus, the first monkey ‘selfie’ was born.

Slater sold the …

August 26, 2014 NCAA

NCAA Appeals O’Bannon Decision

On Wednesday August 20, the NCAA filed the much anticipated notice of appeal from the judgment and order of Judge Claudia Wilken, which granted a permanent injunction on the NCAA’s ban of student athlete compensation.

Judge Wilken entered the order on August 8 in favor of the O’Bannon plaintiffs, ruling that the NCAA is in violation of antitrust laws by prohibiting the member schools from offering student-athletes a limited share of the revenues generated from the use of their names, images, and likenesses.

Chief legal …

August 25, 2014 Contract

If Kevin Ward, Jr. Signed a Release, Would His Estate be Barred From Suing Tony Stewart, the Raceway, and Others?

Sprint car driver Kevin Ward, Jr. died recently during a sprint car race at the Canandaigua Motorsports Park in Canandaigua, NY. He was struck and killed by a car driven by NASCAR champion Tony Stewart. If Ward’s estate were to file a civil suit, the defendants would likely include Stewart, the raceway owner/operator along with Kenny Habul, and Empire Super Sprints Inc., which is the sprint car series that sanctioned the race. One potential legal issue would be the extent to which a …

August 23, 2014 Concussions / NHL

Minnesota Will Play Host to NHL Concussion Litigation

On Tuesday, August 19, it was determined that the current pending concussion lawsuits waged against the National Hockey League, will be combined and heard by a federal judge.

Three concussion lawsuits filed by former players against the NHL within the last year were assigned by a Judicial Panel on Multidistrict Litigation to District of Minnesota Judge Susan Richard Nelson. The judge is already presiding over one of the cases, which was filed in July. The Panel consolidated the cases in Minnesota to provide a …

Declaratory Judgment Entered for Kanye Over Coinye

Kanye West has successfully defended his image, likeness, and brand by obtaining declaratory judgment over alleged copyright infringers.

In January, Kanye West filed a lawsuit in the Southern District of New York, claiming that the founders of a new cryptocurrency, Coinye West, had “usurped [his] name and likeness for the sole purpose of propping up the perceived ‘value’ of the defendants’ ‘digital coin mine’ and its ‘crypto currency.’” The designers initially attempted to evade the suit by dropping West’s the last name from the currency …

August 21, 2014 NCAA

Injunction on NCAA Player Compensation Set for August 1, 2015

Tuesday, August 19, the terms of the recent Order lifting the NCAA’s ban on student-athlete compensation was clarified and set in motion.

The O’Bannon plaintiffs and the NCAA filed a joint stipulation last week asking for Judge Claudia Wilken to clarify her order in terms of when the ban on player compensation was to kick in. The parties at first disagreed over whether any students currently enrolled would be eligible for student-athlete pay in the future, however the disagreement was resolved.

The parties’ stipulation designates …

Sports and Entertainment Law Insider™

LATEST INSIGHTS