Jonathan Neil Strauss

Jonathan Neil Strauss

Loeb & Loeb LLP

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Warner Bros. Entertainment, Inc. v. X One X Productions, dba X One X Movie Archives, Inc. - USCA, Eighth Circuit, November 1, 2016...

In dispute over merchandise with images taken from old posters and lobby cards for “Gone with the Wind” and “The Wizard of Oz,” Eighth Circuit affirms $2.57 million award to Warner Bros. for copyright infringement and...more

11/18/2016 - Attorney's Fees Copyright Copyright Infringement Federal Rules of Civil Procedure Lanham Act Likelihood of Confusion Permanent Injunctions Popular Trademark Infringement Trademarks Warner Brothers Entertainment

Johnson v. UMG Recordings, Inc. - USCA, Seventh Circuit, October 31, 2016

Seventh Circuit holds musician Syl Johnson cannot bring copyright infringement claims based on alleged sampling of his 1967 song “Different Strokes” after settling similar action in 2015 and failing to reopen original...more

11/14/2016 - Copyright Copyright Infringement Copyright Litigation Music Music Industry Sound Recording Copyrights

ITN Flix v. Univision Holdings - USDC, Utah, November 2, 2016

In Depth - In copyright dispute involving two films starring Danny Trejo as character seeking vengeance for family’s murder, district court dismisses infringement claims against Univision, saying copyright law protects...more

11/11/2016 - Copyright Copyright Infringement Copyright Litigation Film Industry Movies

EMI Christian Music Group, Inc. v. MP3tunes, LLC - USCA, Second Circuit, October 25, 2016

Following $48 million jury verdict in music companies’ long-running copyright action against online service MP3tunes, Second Circuit vacates district court’s pretrial ruling that MP3tunes was eligible for DMCA safe harbor...more

11/4/2016 - Copyright Copyright Infringement DMCA Music Safe Harbors Sound Recording Copyrights

Kullberg v. Pure Flix Entertainment LLC - USDC, C.D. California, October 12, 2016

District court dismisses screenwriters’ copyright infringement suit against Christian film “God’s Not Dead” for lack of substantial similarity to plaintiffs’ screenplay. ...more

10/21/2016 - Copyright Copyright Infringement Screenwriters

TCA TV Corp. v. McCollum - USCA, Second Circuit, October 11, 2016

Second Circuit rejects fair use defense in copyright action brought by Abbott and Costello heirs for use of comic duo’s “Who’s On First?” routine in play “Hand to God,” but affirms dismissal on grounds that plaintiffs failed...more

10/21/2016 - Chain of Title Copyright Copyright Infringement Copyright Litigation Fair Use The Copyright Act Transformative Use

U.S. v. Broadcast Music Inc. - USDC, S.D.N.Y., September 16, 2016

District court overrules DOJ’s interpretation of 75-year-old music industry consent decree, finding it neither bars issuance of fractional licenses for music nor requires BMI to issue full licenses. Broadcast Music Inc....more

9/30/2016 - BMI Consent Decrees Copyright DOJ Licensing Rights Music Industry

Sisyphus Touring Inc. v. TMZ Productions Inc. - USDC, Central District of California, September 23, 2016

District court dismisses copyright infringement suit brought by actor and musician Jared Leto against TMZ.com for posting video of him criticizing Taylor Swift, finding Leto did not own video and videographer validly...more

9/30/2016 - Copyright Copyright Infringement Copyright Litigation Summary Judgment Video Recordings

Flo & Eddie Inc. v. Sirius XM Radio Inc. - USDC, C.D. California, September 8, 2016

In most recent decision on The Turtles’ pre-1972 sound recordings, district court grants Sirius XM partial summary judgment, dismissing plaintiff’s claim for punitive damages, but permits plaintiffs to seek disgorgement of...more

9/16/2016 - Civil Code Copyright Disgorgement Punitive Damages Royalties SiriusXM Sound Recording Copyrights Summary Judgment Unfair Competition

Lohan v. Take-Two Interactive Software Inc. and Gravano v. Take-Two Interactive Software Inc. - New York Supreme Court, Appellate...

New York appeals court overturns lower court decision, dismissing claims by actress Lindsay Lohan and former “Mob Wives” star Karen Gravano against “Grand Theft Auto V” video game makers for misappropriating their likenesses,...more

9/9/2016 - Appeals First Amendment Misappropriation Name and Likeness Right to Privacy Software Video Games

Loomis v. Cornish - USCA, Ninth Circuit, September 2, 2016

Ninth Circuit affirms ruling in favor of Jessie J in a copyright dispute, finding plaintiff Will Loomis failed to establish the recording artist or songwriters of the hit song “Domino” had requisite access to his song “Bright...more

9/9/2016 - Appeals Copyright Copyright Infringement Music Music Industry Summary Judgment

Rams v. Def Jam Recordings Inc. - USDC, S.D. New York, August 16, 2016

In action brought by photographer and subject alleging unauthorized use of photo on recording artist Jeremih’s album cover, district court denies motion to dismiss contributory and vicarious copyright infringement claims,...more

9/3/2016 - Actual or Constructive Knowledge Choice-of-Law Contributory Infringement Copyright Copyright Infringement Copyright Litigation Motion to Dismiss Music Industry Photographs Right of Publicity Vicarious Liability

Bowen v. Paisley - USDC, M.D. Tennessee, August 25, 2016

District court grants summary judgment dismissing copyright infringement suit against country music stars Brad Paisley and Carrie Underwood, and others involved in producing the 2011 hit song “Remind Me,” holding that it was...more

9/2/2016 - Copyright Copyright Infringement Copyright Litigation Dismissals Music Music Industry Music Publishing Substantially Similar Summary Judgment

Friedman v. Live Nation Merchandise, Inc. - USCA Ninth Circuit, August 18, 2016

Ninth Circuit revives photographers claims of willful copyright infringement against Live Nation Merchandise over Run DMC photograph it used without permission, concluding lower court incorrectly dismissed willful copyright...more

8/27/2016 - Appeals Copyright Copyright Infringement Damages Joint and Several Liability Partial Summary Judgments Photographs Reversal Statutory Damages Willful Infringement

Eggleston v. Daniels - USDC, E.D. Michigan, August 16, 2016

District court refused to dismiss infringement claims alleging creators of TV show “Empire” copied Cookie Lyon character from plaintiff’s memoir, concluding, among other things, that stories with female, African-American...more

8/26/2016 - Books Copyright Copyright Infringement Misappropriation Motion to Dismiss Personal Jurisdiction Right of Publicity Screenplays Substantially Similar Television Shows

DeVito Artworks LLC v. Legendary Pictures LLC - California Superior Court, Los Angeles County, August 5, 2016

In dispute over pitch for television series about origins of King Kong, Superior Court holds that plaintiff’s implied contract with makers of “Kong: Skull Island” film not to use ideas without compensation was not barred by...more

8/19/2016 - Breach of Contract Breach of Implied Contract Option Contracts Television Shows Termination Tortious Interference

Skidmore v. Led Zeppelin - USDC, C.D. California, August 8, 2016

District court rejects music publisher’s request for nearly $800,000 in attorney’s fees and costs as prevailing party in copyright dispute over Led Zeppelin song “Stairway to Heaven,” concluding lawsuit alleging infringement...more

8/19/2016 - Attorney's Fees Copyright Infringement Frivolous Lawsuits Led Zeppelin Objective Unreasonableness Standard

Solid Oak Sketches LLC v. 2K Games Inc. - USDC, S.D. New York, August 2, 2016

In copyright dispute over depictions of NBA players’ tattoos in “NBA 2K” video game series, district court dismisses tattoo licensing company’s claim for statutory damages and attorneys’ fees because copyrighted tattoo...more

8/13/2016 - Attorney's Fees Copyright Copyright Infringement Copyright Registration Dismissals NBA Statutory Damages Tattoos Video Games

Lions Gate Entertainment, Inc. v. TD Ameritrade Holding Corp. - USDC, C.D. California, August 1, 2016

District court grants motion for reconsideration, reviving Lions Gate’s claim of trademark dilution in dispute over advertising campaign that used modified version of famous line “Nobody puts Baby in a corner” from movie...more

8/13/2016 - Advertising Dilution Dismissals Film Industry Lanham Act Lions Gate Entertainment Motion for Reconsideration Pleading Standards Preemption Reversible Error Trademark Infringement Trademark Litigation Trademarks

Silas v. Home Box Office, Inc. - USDC, C.D. California, July 26, 2016

District court dismisses copyright infringement claim against creators of HBO’s television show “Ballers,” finding no substantial similarity between HBO’s show about retired football player who advises current players on...more

8/5/2016 - Cable Television Providers Copyright Copyright Infringement Dismissal With Prejudice Football HBO Screenplays Substantially Similar

Newt v. Twentieth Century Fox Film Corp. - USDC, C.D. California, July 27, 2016

District court dismisses copyright infringement claim against creators of Fox’s television show “Empire,” finding no substantial similarity between Fox’s show about struggle for control of music company and plaintiff’s...more

8/5/2016 - Breach of Implied Contract Copyright Copyright Infringement Copyright Litigation Dismissals State Law Claims Substantially Similar Television Shows Twentieth Century Fox

Faulkner v. Hasbro Inc. - USDC, D. New Jersey, July 21, 2016

District court denies toy company’s motion to dismiss right of publicity claim brought by Fox News anchor Harris Faulkner, holding that fact that hamster doll in defendant’s Littlest Pet Shop toy line bore plaintiff’s...more

7/29/2016 - Celebrities False Endorsements Hasbro Lanham Act Motion to Dismiss Name and Likeness Right of Publicity Unfair Competition

Medina v. Dash Films Inc. - USDC, S.D. New York, July 14, 2016

District court dismisses trademark infringement action against Kanye West and others, finding that defendants’ film series title “Loisaidas” is protected by First Amendment because it has artistic relevance, title is not...more

7/22/2016 - Dismissal With Prejudice Free Speech Independent Films Kanye West Lanham Act Music Trademark Infringement

Clark v. Dashner - USDC, D. New Mexico, June 30, 2016

District court dismisses author’s claims that film “The Maze Runner” and novel of same name infringed on copyright in his book The Maze, holding that similarities between works, including giant maze and robotic creatures, are...more

7/11/2016 - Books Copyright Copyright Infringement Dismissal With Prejudice Lanham Act Movies Preemption State Law Claims Unfair Competition Unfair Trade Practices Act

Flo & Eddie Inc. v. Sirius XM Radio Inc. - USCA, Eleventh Circuit, June 29, 2016

In most recent decision over The Turtles’ pre-1972 sound recordings, Eleventh Circuit asks Florida Supreme Court to determine whether state law recognizes common law copyright in sound recordings and, if so, whether that...more

7/11/2016 - Common Law Claims Conversion Copyright Copyright Infringement FL Supreme Court Misappropriation Public Performance Rights SiriusXM Sound Recording Copyrights State Law Claims The Copyright Act Theft Unfair Competition

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