Jonathan Zavin

Jonathan Zavin

Loeb & Loeb LLP

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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

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

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

Dryer v. The National Football League (USCA, Eighth Circuit, February 26, 2016 )

In action involving films produced by NFL containing historical game footage, Eighth Circuit affirms summary judgment in favor of NFL, holding that former players’ right of publicity claims are pre-empted by Copyright Act,...more

3/7/2016 - Football Free Speech Lanham Act NFL Preemption Right of Publicity Summary Judgment The Copyright Act

Gibson Guitar Corp. v. Viacom International, Inc. (USCA, Ninth Circuit, February 19, 2016)

Ninth Circuit affirms district court's dismissal of SpongeBob SquarePants trademark suit against Viacom but revives claims against U.K.-based defendant on grounds that question of whether product was used in commerce in U.S....more

2/27/2016 - Appeals Contributory Infringement Dismissals Gibson Lanham Act Subject Matter Jurisdiction Trademark Infringement Trademarks Use in Commerce Viacom

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

Vil v. Poteau - USDC, D. Massachusetts, March 3, 2015

District court awards summary judgment to defendant organization and its board against former vice president, finding that plaintiff did not establish genuine issue of material fact as to his copyright claim because he failed...more

3/13/2015 - Copyright Copyright Infringement Copyright Litigation Intellectual Property Litigation Lanham Act

Couture v. Playdom, Inc. - USCA, Federal Circuit, March 2, 2015

U.S. Federal Circuit affirms TTAB’s decision canceling trademark registration, clarifying that service mark is “used in commerce” only when mark is both used or displayed in sale or advertising of services and services are...more

3/13/2015 - Lanham Act Service Marks Trademarks Use in Commerce

Fifty-Six Hope Road Music, Ltd. v. A.V.E.L.A., Inc. - USCA, Ninth Circuit, February 20, 2015

Following jury verdict on Lanham Act claim in favor of entity owned by Bob Marley’s children, Ninth Circuit affirms denial of defendants’ motion for judgment as matter of law, finding that trial evidence supported jury’s...more

2/27/2015 - Celebrities Celebrity Endorsements False Endorsements Intellectual Property Litigation Jury Verdicts Lanham Act Music Industry Right of Publicity Trademark Infringement Trademark Litigation Trademarks

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

Beastie Boys v. Monster Energy Company - USDC, S.D. New York, December 4, 2014

Following jury verdict in favor of Beastie Boys on copyright infringement and Lanham Act claims, district court denies defendant Monster Energy Company’s motions for judgment as matter of law, for new trial, and for reduction...more

12/11/2014 - Beastie Boys Copyright Copyright Infringement Deceptive Intent Jury Verdicts Lanham Act Monster Energy Drinks Popular Willful Infringement

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

Duffey v. Twentieth Century Fox Film Corp.

Duffey v. Twentieth Century Fox Film Corp. - USDC S.D.N.Y., March 27, 2014 - District court dismisses false endorsement and breach of contract suit brought by actor in film Office Space, finding that actor had...more

4/4/2014 - Breach of Contract False Endorsements Lanham Act Merchandising Rights

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 13, 2013

Kelley-Brown v. Winfrey, U.S.C.A., Second Circuit, May 31, 2013 - Second Circuit reverses dismissal of trademark infringement action against Oprah Winfrey, her production company, and other defendants, finding that...more

6/14/2013 - Infringement Lanham Act Oprah Winfrey Trademarks

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks -- March 14, 2013

In This Issue: - Gibson Guitar Corp. v. Viacom International, Inc., USDC C.D. California, March 8, 2013: District court grants Viacom’s motion to dismiss plaintiff’s Lanham Act and related state law claims for...more

3/14/2013 - Attorney's Fees Copyright Fiduciary Duty Joint Venture Lanham Act Movies Music Statute of Limitations Trademarks Viacom

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