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Art, Entertainment & Sports Business Torts

Read need-to-know updates, commentary, and analysis on Art, Entertainment & Sports issues written by leading professionals.

Graffiti Artists Tag Camuto Fashion House for Copyright Infringement

by Dorsey & Whitney LLP on

Earlier this month, four Los Angeles-based graffiti artists, “Rime,” “Host18,” “Taboo” and “Reme” filed suit against the Vince Camuto fashion house and related entities alleging copyright infringement for “inexplicably...more

Master of Your Domain – ACPA Damages Sought by Greg LeMond

by Dorsey & Whitney LLP on

You might want to think twice before registering a domain name containing a competitor’s personal name or trademark. Three-time Tour de France winner Greg LeMond put his “pedal to the metal” recently, suing two Minnesota...more

Theme Park Defense 10 Things to Know

by Rumberger Kirk & Caldwell on

Florida’s theme parks attract millions of visitors each year. Any business with that volume of visitors is certain to encounter litigation. Theme park litigation is unique because it incorporates many different types of...more

Broadway Producers Awarded $90,000 from New York Jury

by Robins Kaplan LLP on

A New York jury found ex-publicist Marc Thibodeau liable for breach of contract and tortious interference for a Broadway production called Rebecca, which was supposed to premiere on Broadway. The jury did not find Thibodeau...more

The Continuing Attack on Tribal Sovereign Immunity at the Supreme Court

by GableGotwals on

Immunity of tribal officers and employees from suit in state and federal court for tort liability should concern tribal governments engaged in gaming operations. Often, because of historical antecedents and general belief,...more

Sylvester Stallone Sues Warner Bros. over Profits from “Demolition Man”

by Robins Kaplan LLP on

Sylvester Stallone filed suit against Warner Bros. on April 13th, claiming the studio has fraudulently concealed his share of revenue from the 1993 sci-fi action film, “Demolition Man.” The film starred Stallone as a Los...more

Guelph Treasure Art Restitution Case Media Coverage

by Sullivan & Worcester on

The United States District Court for the District of Columbia has ruled that Germany can be sued for the return of Nazi-looted art and artifacts under the Foreign Sovereign Immunities Act. This is the first time Germany will...more

Nazi-Looting and Forced Sales Support Jurisdiction—Guelph Treasure Ruling Analysis

by Sullivan & Worcester on

The decision on Friday to allow our clients’ claims to proceed against German and the Stiftung Preussischer Kulturbesitz for the restitution of the Guelph Treasure (or Welfenschatz) is ground-breaking in important respects,...more

U.S. District Court Issues First of Its Kind Ruling Against Germany Over Renowned Guelph Treasure

by Sullivan & Worcester on

The United States District Court for the District of Columbia has ruled that claims over the famed Guelph Treasure can proceed against Germany in a United States court. This is the first time Germany will have to defend...more

Art Advisors and Duty of Loyalty in Focus Again Over Sale of Basquiat

by Sullivan & Worcester on

We reviewed in December an important decision that addressed the duties of loyalty that art advisors may, or may not, owe to their clients in dealing in the art market. That question—of to what extent advisors and...more

Influencer Marketing: The FTC's Evolving Policies on Paid Promotion Disclosure

by Knobbe Martens on

Rapid Growth of Influencer Marketing - With more consumers cutting the cord to their TVs and paying for premium subscriptions or ad blockers to avoid advertising, social media has become an important medium through which...more

UPDATE: BOSTON’S Founder and a Former Bandmate Still Seek Peace of Mind

We have written previously about Scholz v. Goudreau, No. 13-CV-10951 (D. Mass.); the case recently went to trial on the parties’ surviving claims, and they are now immersed in post-trial briefing....more

Art Advisors are Not Always Fiduciaries—Lawsuit over Cady Noland "Log Cabin" Dismissed

by Sullivan & Worcester on

The ongoing saga between Yves Bouvier and Dmitri Rybolovlev over Bouvier’s sale to the Russian billionaire of Leonardo’s Salvator Mundi (and a recent preemptive suit by Sotheby’s against the original sellers of the work to...more

Food Fight: America’s Test Kitchen v. Chris Kimball

If, like me, you’re a fan of PBS and its soothing, soft-focus, food-related shows (ahem, Great British Bake-off), you were probably devastated when you heard that longtime host Chris Kimball, was leaving America’s Test...more

Some Like It Infringed? Monroe Estate Continues Intellectual Property Battles Despite Lack of Publicity Rights

by Knobbe Martens on

On Wednesday, November 9, 2016 the estate of Marilyn Monroe filed a complaint in the Southern District of New York against Fashion Central. The Monroe Estate claims that Fashion Central infringes its intellectual property...more

qech wej QaD trademark nIH (Trademarks Don’t Protect Ideas)

Lucas Film Limited has sued Michael Brown and his Light Saber Academy for trademark infringement, unfair competition, dilution, cybersquatting, state unfair competition, and dilution, arising from Mr. Brown’s running an...more

New Authentication Lawsuit Filed Against Agnes Martin Catalogue Raisonné

by Sullivan & Worcester on

For several years the topic of litigation against appraisers and authenticators has been a controversial issue, causing a number of artists’ foundations and independent professionals to refrain from giving opinions for fear...more

“The Man Who Brought the Beatles to America” is Bringing Them Back…to a U.S. District Court

by Dorsey & Whitney LLP on

Sid Bernstein was a legendary promoter and producer of iconic rock-and-roll performers including the Rolling Stones, the Moody Blues and, of course, the Beatles. Bernstein earned his moniker as “The Man Who Brought the...more

Making Sense of the Peter Doig Trial and the Authentication Fallout

by Sullivan & Worcester on

As was reported in detail by the New York Times and others earlier this week, artist Peter Doig prevailed in what most agree was the strangest art related trial in many years. In a nutshell, Doig was accused by a former...more

Do Kanye’s Words Speak Louder than Tidal’s TOS?

A Chicago law firm has challenged Jay-Z and Kanye West, filing a class action complaint for violations of the California Business & Professions Code, fraudulent inducement and unjust enrichment in the Northern District of...more

California Court Gives Two Thumbs Down and Voids Non-Compete in Actor’s Agreement

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Limitation on an actor’s ability to work in certain films struck down as an unlawful restraint of trade. California, mecca of the film and media production industries in the U.S., is notorious for...more

Second Circuit Tosses Out Time-Barred Copyright Claims Against Jay Z

Last month, the Second Circuit Court of Appeals affirmed a New York judge’s decision to dismiss federal copyright and state tort law claims alleged against the hip-hop icon, Jay Z, and his affiliated companies. Mahan v. ROC...more

The Gloves Are Off: Competing Biopics Battle For Hollywood Purse

Hollywood’s heavy-hitters often enter the ring over unauthorized biographies. Elizabeth Taylor famously invoked her rights of publicity and privacy in an attempt to shut down an unofficial docudrama about her life; Clint...more

He’s got 99 Problems, But a Breach Might Be One

In the wake of 2016, Jay-Z faces an $18 million lawsuit for his failure to publicly appear and promote his signature fragrance line, as he was contractually obligated. 2009 marked the start of a budding licensing relationship...more

Chris Correa Isn’t Billy Beane and This Isn’t Moneyball

by Cozen O'Connor on

The lights going on and off within the head of former St. Louis Cardinals scouting director Chris Correa were once probably flickering more actively than the lights inside of The Staples Center just before the Los Angeles...more

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