Jonathan Zavin

Jonathan Zavin

Loeb & Loeb LLP

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Latest Posts › Misappropriation


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

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

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

Playboy Enterprises International Inc. v. 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

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

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

Rhoads v. Margolis - Cal. App. 2d, January 26, 2015

In lawsuit brought by family of guitarist Randy Rhoads against writer and publisher of his biography, California appellate court affirms lower court denial of anti-SLAPP motion as it relates to family's breach of contract...more

2/6/2015 - Anti-SLAPP Assignments Breach of Contract Fraud Invasion of Privacy License Agreements Misappropriation Movies Publishers Right of Publicity Television Shows Unfair Competition

Amber Coyle v. Michael O’Rourke - USDC, C.D. Cal., January 5, 2015

In Depth - Plaintiff models sue defendants in California state court for statutory invasion of privacy and common law misappropriation, and, following removal, district court remands because subject matter of state law...more

1/16/2015 - Commercial Use Copyright Federal Jurisdiction Invasion of Privacy Misappropriation Photographs Preemption Removal Video Recordings

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - May 3, 2013

- Cariou v. Prince, USCA Second Circuit, April 25, 2013 - Second Circuit reverses summary judgment in favor of photographer on his infringement claims against well-known appropriation artist Richard Prince, holding...more

5/3/2013 - Artists Cariou v Prince Copyright Fair Use Infringement Journalists Misappropriation Video Recordings

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

In This Issue: - Mattel v. MGA Entertainment: Ninth Circuit vacates jury verdict and related damages, fees and costs award in connection with MGA’s misappropriation of trade-secrets counterclaim, finding that that...more

2/1/2013 - Attorney's Fees Copyright Counterclaims Fair Use Infringement Misappropriation Photographs Summary Judgment The Copyright Act Trade Secrets

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