Jonathan Zavin

Jonathan Zavin

Loeb & Loeb LLP

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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

Brodeur v. Atlas Entertainment Inc. - Calif. Appeal Court, 2nd Dist., Div. 8, June 6, 2016

Appellate court reverses denial of anti-SLAPP motion brought by producers and distributors of “American Hustle,” holding that film dialogue regarding environmental author’s statement about microwave ovens was in connection...more

6/27/2016 - Anti-SLAPP Appeals Defamation False Light Free Speech Libel Motion Picture Industry Public Interest Reversal Slander

Kirtsaeng v. John Wiley & Sons Inc. - U.S. Supreme Court, June 16, 2016

U.S. Supreme Court holds “objective reasonableness” of losing party’s position is important factor but not controlling one in considering award of attorneys’ fees under Copyright Act. Graduate student Supap Kirtsaeng, a...more

6/27/2016 - Attorney's Fees Copyright Copyright Infringement Fee-Shifting First Sale Doctrine Judicial Discretion Kirtsaeng v. John Wiley & Sons Objective Unreasonableness Standard Prevailing Party SCOTUS The Copyright Act

Brumley v. Albert E. Brumley & Sons Inc. - USCA, Sixth Circuit, May 16, 2016

Sixth Circuit concludes that author’s 1975 assignment of gospel song “I’ll Fly Away” was subject to 2008 termination notice, notwithstanding subsequent 1979 assignment of rights by late composer’s wife....more

5/27/2016 - Assignments Beneficiaries Copyright Inheritance Music Section 304 Termination Rights The Copyright Act Work-For-Hire

Paramount Pictures Corp. v. Axanar Productions, Inc. - USDC, C.D. California, May 9, 2016

District court denies motion to dismiss copyright infringement claims against producers of unauthorized “Star Trek” films that incorporate numerous elements of famous motion picture and television franchise, including Klingon...more

5/20/2016 - Copyright Infringement Film Industry Motion to Dismiss Prior Restraint Standing Star Trek

Flo & Eddie, Inc. v. Sirius XM Radio, Inc. - USCA, Second Circuit, April 13, 2016

In dispute over The Turtles’ pre-1972 recordings, Second Circuit asks New York high court to determine whether right of public performance for creators of sound recordings exists under state law....more

4/21/2016 - Copyright Infringement Music Industry Musical Sound Recordings Public Performance Rights SiriusXM

Williams v. Bridgeport Music, Inc. - USDC, C.D. California, April 12, 2016

District court refuses request of Marvin Gaye’s family for $3.5 million in attorneys’ fees following jury verdict in “Blurred Lines” trial. On March 10, 2015, the jury in the “Blurred Lines” trial returned a verdict...more

4/21/2016 - Attorney's Fees Copyright Infringement Cost Allocation Jury Awards Marvin Gaye Pharrell Williams Robin Thicke

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

In copyright infringement action over iconic Led Zeppelin song “Stairway to Heaven” filed more than 40 years after song was first released, district court partially denies defendants’ motion for summary judgment, allowing...more

4/15/2016 - Abandonment Copyright Infringement Laches Led Zeppelin Music Industry Right of Attribution Summary Judgment

Mayimba Music Inc. v. Sony/ATV Latin Music Publishing LLC - USDC, Southern District of New York, March 31, 2016

In copyright infringement dispute over Shakira’s song “Loca,” district court denies plaintiff’s motion to set aside judgment that plaintiff’s work was fabrication and partially grants defendants’ motion for attorneys’ fees...more

4/8/2016 - Attorney's Fees Copyright Infringement Music Industry Sanctions Writers

Ryder v. Lightstorm Entertainment, Inc., et al. - California Court of Appeal, Second Appellate District, Division Eight, March 25,...

California Court of Appeal affirms summary judgment in favor of James Cameron and Lightstorm Entertainment in idea submission case, finding plaintiff unable to prove that defendants used any of plaintiff’s ideas in...more

4/2/2016 - Breach of Contract Breach of Implied Contract Discovery Fiduciary Duty Film Industry Fraud Mootness Motion for Sanctions Screenplays Substantially Similar Summary Judgment

FilmOn X LLC v. Window to the World Communications Inc. - USDC, N.D. Ill., March 23, 2016

Concurring with New York and D.C. courts in related cases, Illinois district court finds FilmOn X’s Internet-based streaming service is not “cable system” under Section 111 of Copyright Act, and is not entitled to compulsory...more

4/1/2016 - Cable Television Providers Compulsory Licenses Copyright Copyright Infringement Declaratory Judgments Internet Streaming

Atlantique Productions S.A. v. ION Media Networks Inc. - USCA, Ninth Circuit, March 18, 2016

Ninth Circuit affirms ruling in favor of defendant ION Media Networks on French television producer’s claims for breach of contract, promissory estoppel and fraud, finding no contract existed because parties agreed to be...more

4/1/2016 - Appeals Breach of Contract Contract Formation Forum Selection Fraud International Litigation Promissory Estoppel Television Shows

Abdullah v. Walt Disney Co. - USDC, C.D. California, March 14, 2016

District court grants motion to dismiss children’s author’s copyright infringement lawsuit, holding that defendant Walt Disney’s animated film “Frozen” is not substantially similar to plaintiff’s copyrighted children’s story...more

3/26/2016 - Authors Copyright Infringement Dismissal With Prejudice Disney Motion to Dismiss Movies Substantially Similar

Lions Gate Entertainment Inc. v. TD - Ameritrade Services Co. Inc. USDC, C.D. California, March 14, 2016

District court holds Lions Gate's trademark-related claims under Lanham Act and related state law are preempted by Copyright Act in suit over financial services ad campaign that used modified version of famous line "Nobody...more

3/26/2016 - Copyright Lanham Act Preemption The Copyright Act Trademark Infringement Trademarks

Playboy Enterprises International Inc. v. Mediatakeout.com LLC - USDC, S.D. N.Y., March 8, 2016

In dispute over Playboy photos of rapper Azealia Banks, district court denies motion to dismiss copyright infringement and Digital Millennium Copyright Act claims stemming from website’s unauthorized addition of its own...more

3/17/2016 - Celebrities Copyright Infringement DMCA Fair Use License Agreements Misappropriation Motion to Dismiss Photographs Playboy

Counts v. Meriwether - USDC, C.D., California, March 9, 2016

Following dismissal of two screenwriters’ copyright infringement claims against writers, producers, broadcasters and distributors of television series “New Girl,” district court grants defendants more than $760,000 in...more

3/17/2016 - Attorney's Fees Copyright Infringement Dismissals Fee-Shifting Screenplays Television Shows The Copyright Act

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