Jonathan Zavin

Jonathan Zavin

Loeb & Loeb LLP

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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

Sarver v. Chartier (USCA, Ninth Circuit, February 17, 2016 )

Ninth Circuit affirms district court’s dismissal of Army sergeant’s lawsuit alleging that main character in film “The Hurt Locker” was based on his experiences without his consent, holding that film spoke to issues of public...more

2/26/2016 - Anti-SLAPP Defamation False Light First Amendment Free Speech Intentional Infliction of Emotional Distress Misappropriation Movies Right of Publicity

Twentieth Century Fox Television v. Empire Distribution Inc. - USDC, C.D. California, February 1, 2016

District court rules Fox’s hit television show “Empire” did not infringe or dilute trademark of record label Empire Distribution because Fox’s use of “Empire” was protected by First Amendment....more

2/12/2016 - Balancing Test First Amendment Lanham Act Likelihood of Confusion Summary Judgment Trademark Infringement Trademark Litigation Twentieth Century Fox

In re Simon Shiao Tam - USCA, Federal Circuit, December 22, 2015

In case with potentially far-reaching effects, including on Washington Redskins’ ongoing legal battle to maintain federal trademark registration, Federal Circuit sitting en banc strikes down federal statute that permits...more

1/9/2016 - Commercial Speech Disparagement First Amendment Free Speech Lanham Act Redskins The Slants Trademark Registration Trademarks USPTO

Billy Mitchell v. The Cartoon Network Inc. - USDC, New Jersey, November 23, 2015

District Court grants Cartoon Network’s motion to dismiss right of publicity claim brought by plaintiff, well-known figure in video-gaming community and antagonist in documentary film The King of Kong, finding that cartoon...more

12/3/2015 - Cartoon Network First Amendment Misappropriation Name and Likeness Right of Publicity Transformative Use Video Games

Silvero v. Fox Television Studios, Inc., et al. - Los Angeles Superior Court, August 6, 2015

Frank Silvero, an actor who played the character Frankie Carbone in the film “Goodfellas” and other similar mobster characters during his career, filed suit against Fox Television alleging that the writers of the animated...more

8/14/2015 - Anti-SLAPP Copyright Copyright Infringement First Amendment Fox Television Stations Misappropriation Preemption Right of Publicity

Jordan-Benel v. Universal City Studios, Inc. - USDC, C.D. California, June 24, 2015

District Court allows screenwriter’s suit alleging feature film The Purge was based on his screenplay, Settler’s Day, to proceed, denying defendants’ anti-SLAPP motion because acts supporting plaintiff’s implied contract...more

7/3/2015 - Anti-SLAPP Copyright Copyright Infringement Film Industry First Amendment Movies Screenwriters

Gerritsen v. Warner Bros. Entertainment Inc. - USDC, C.D. California, June 12, 201

District court dismisses breach of contract and breach of guaranty claims in first amended complaint against Warner Bros. based on Oscar-winning motion picture "Gravity," holding that plaintiff Terry Gerritsen, author of...more

6/19/2015 - Books First Amendment Movies Warner Brothers Entertainment

Garcia v. Google Inc. - USCA, Ninth Circuit, May 18, 2015

Ninth Circuit sitting en banc reverses 2-1 panel decision that required Google to remove anti-Islam video from YouTube based on actor’s claim of copyright in her five-second appearance, holding that “a weak copyright claim...more

5/27/2015 - Censorship Copyright Copyright Infringement First Amendment Garcia v Google Independent Films YouTube

Valencia v. Universal City Studios LLC

USDC, N.D. Georgia, December 18, 2014 - District court dismisses all claims of hip-hop dancer Honey Rockwell, who alleged that films Honey and Honey 2 violated her privacy rights and trademark rights, holding that some...more

1/9/2015 - Common Law Torts Dismissals Film Industry First Amendment Lanham Act Movies Right to Privacy Statute of Limitations Trademarks

Mil-Spec Monkey, Inc. v. Activision Blizzard, Inc. - USDC, N.D. California, November 24, 2014

Mil-Spec Monkey, Inc. v. Activision Blizzard, Inc. - USDC, N.D. California, November 24, 2014: District court grants summary judgment in favor of publisher of military-action video game Call of Duty: Ghosts on trademark...more

12/6/2014 - Activision First Amendment Infringement Lanham Act Summary Judgment Trademarks Video Games

Dryer v. National Football League - USDC, D. Minn., October 10, 2014

Dryer v. National Football League - USDC, D. Minn., October 10, 2014: District court grants summary judgment in favor of NFL and against former professional football players who claimed that NFL’s use of video footage...more

10/17/2014 - Athletes Commercial Speech First Amendment Football NFL Right of Publicity Summary Judgment Video Recordings

Cherms v. Sony Online Entertainment LLC - California Superior Court, February 2014

Plaintiff sued Sony Online Entertainment, a publisher, developer, and seller of video games, for negligence and products liability, alleging that he suffered emotional distress as a result of his adult son’s addiction to...more

2/28/2014 - Anti-SLAPP First Amendment Negligence Negligent Infliction of Emotional Distress Sony

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- November 8, 2013

Moore v. The Weinstein Company, LLC, USCA, Sixth Circuit, October 31, 2013 - Sixth Circuit affirms summary judgment in favor of defendant producers and distributors of film “Soul Men” and its soundtrack, concluding...more

11/8/2013 - Entertainment Industry First Amendment Infringement Motion Picture Industry Trademark Litigation Trademarks

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- October 4, 2013

Dash v. Mayweather, USCA, Fourth Circuit, September 26, 2013 - In copyright infringement action arising from unauthorized use of musical work during televised wrestling events, Fourth Circuit affirms grant of summary...more

10/4/2013 - Copyright Damages First Amendment Infringement Motion Picture Industry Music

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- August 9, 2013

Brown v. Electronic Arts, Inc., USCA, Ninth Circuit, July 31, 2013 - Ninth Circuit affirms dismissal of NFL great Jim Brown’s Lanham Act claim against video game developer Electronic Arts, Inc., concluding that Rogers...more

8/12/2013 - Electronic Arts Entertainment Industry First Amendment Football Lanham Act Motion Picture Industry Movies NFL Right of Publicity

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- June 6, 2013

Fortres Grand Corp. v. Warner Bros. Entertainment Inc., U.S.D.C., N.D. Indiana, May 16, 2013 - District court dismisses computer software company’s trademark claims against Warner Bros. based on references in Batman...more

6/6/2013 - Batman Copyright First Amendment Infringement Motion Picture Industry Pornography Trademarks Warner Brothers Entertainment

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- May 31, 2013

Hart v. Electronic Arts, Inc., U.S.C.A., Third Circuit, May 21, 2013 - Third Circuit reverses district court’s grant of summary judgment dismissing claim of plaintiff, former college football player, for violating his...more

6/3/2013 - Athletes Copyright First Amendment Infringement Photographs Right of Publicity Statutory Damages The Copyright Act Transformativeness Video Games

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