Tal Dickstein

Tal Dickstein

Loeb & Loeb LLP

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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

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

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

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

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

CBS Broadcasting Inc. v. FilmOn.com, Inc. (USCA, Second Circuit, February 16, 2016 )

Second Circuit affirms district court order finding Internet-based television provider FilmOn violated consent order and permanent injunction by distributing plaintiff television networks’ copyrighted content without...more

2/26/2016 - Aereo Appeals CBS Contempt Copyright Infringement FilmOn X Internet Streaming Permanent Injunctions Sanctions Television Broadcast Stations

Larson v. Warner Bros. Entertainment, Inc. - USCA, Ninth Circuit, February 10, 2016

Ninth Circuit affirms district court’s decision that 2001 letter operated as agreement by heirs of Superman co-creator to transfer to DC Comics rights in Superman, Superboy and Superman advertisements....more

2/19/2016 - Appeals Copyright Copyright Litigation DC Comics IP Assignment Agreements Settlement Agreements Superman Warner Brothers Entertainment

Fahmy v. Jay Z - USDC, C.D. California, February 1, 2016

District court enters final judgment dismissing plaintiff’s copyright infringement suit against Jay Z with prejudice, finding that its previous ruling that plaintiff’s claimed “moral rights” were not cognizable under American...more

2/12/2016 - Copyright Infringement Dismissal With Prejudice Final Judgment Moral Rights Standing Subject Matter Jurisdiction The Copyright Act

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

Naruto v. Slater - USDC, N.D. California, January 28, 2016

District court dismisses copyright infringement action brought on behalf of macaque monkey who took “selfies” using defendant photographer’s camera, holding that animals lack standing under the Copyright Act....more

2/8/2016 - Article III Copyright Infringement Copyright Litigation PETA Standing The Copyright Act

Gilkyson v Disney Enterprises, Inc. - Calif. Appeal Court, 2nd App. District, Div. 7, January 27, 2016

Appellate court finds that claim for breach of contract for contractual royalties brought against Disney by heirs of Terry Gilkyson, songwriter for “The Jungle Book” film, are not time-barred, based on application of...more

2/8/2016 - Breach of Contract Cause of Action Accrual Copyright Declaratory Relief Disney Music Song Lyrics Statute of Limitations

Simmons v. Stanberry - USCA, Second Circuit, January 15, 2016

Second Circuit affirms dismissal of infringement suit over hip-hop beat in 50 Cent song "I Get Money" after holding plaintiff's claim constituted dispute over ownership of copyright that was time-barred by Copyright Act's...more

1/23/2016 - Copyright Copyright Infringement Motion to Dismiss Music Statute of Limitations

TCA Television Corp. v. McCollum - USDC, S.D. New York, December 17, 2015

District court dismisses plaintiffs’ claim of copyright infringement, finding that use of Abbott and Costello’s “Who’s On First?” routine in Broadway play “Hand to God” is transformative use and is protected by fair use...more

1/9/2016 - Chain of Title Copyright Infringement Fair Use The Copyright Act Transformative Use

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

Counts v. Meriwether USDC, C.D. California, January 5, 2016

District court grants defendants’ motion for summary judgment on copyright infringement claim brought by two screenwriters against creators of Fox sitcom “New Girl,” finding no evidence defendants had access to plaintiffs’...more

1/8/2016 - Copyright Infringement Evidence Motion to Dismiss Screenplays Screenwriters Substantially Similar Summary Judgment

Marathon Structured Finance Fund, LP v. Paramount Pictures Corp. - USCA, Second Circuit, December 14, 2015

Second Circuit affirms dismissal of fraud claims against Paramount Pictures, finding that defendant has always used wide mix of co-financing strategies in release of its motion pictures, and plaintiffs, who are sophisticated...more

12/23/2015 - Financing Investors Material Misrepresentation Motion Picture Industry Paramount Pictures Securities Fraud

Fox Television Stations, Inc. v. FilmOn X, LLC - USDC, Distric of Columbia, December 2, 2015

District court holds Internet television streaming service is not eligible for compulsory license under Section 111 of Copyright Act because it does not meet definition of “cable company” and therefore infringed...more

12/11/2015 - Broadcasting Cable Operators Compulsory Licenses Copyright Infringement FilmOn X Fox Television Stations Public Performance Rights The Copyright Act

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

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