Art, Entertainment & Sports Civil Remedies

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News & Analysis as of

As American as Football, Apple Pie and Class Actions

Two cert petitions in a football-related class action are pending before the U.S. Supreme Court: Gilchrist v. National Football League, case no. 16-283 and Armstrong v. National Football League. Both are scheduled to be...more

eSports Lawsuit Over For Now, But State Action May Follow

On October 4, 2016, a federal judge in the Western District of Washington dismissed a suit against Valve Corporation (“Valve”) alleging that Valve and third-party websites had facilitated online gambling in violation of state...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

Fearing Trolls, Some “Friends of the Court” Turn to Laches for Solace While Others Urge Reversal in SCA Hygiene v. First Quality...

On November 1st, the Supreme Court will hear oral arguments to decide whether “Raging Bull” applies in patent litigation. At issue is whether and to what extent a laches defense may bar a claim for damages in patent...more

California Appellate Court Takes Equitable Subrogation to the Excess

In California, where a primary insurer is found to have unreasonably failed to settle within its policy limits, and a judgment is later entered against their insured in excess of those limits, the primary carrier can be...more

FanDuel, DraftKings Settle Fantasy Sports Lawsuit with New York AG

This week, the office of the New York Attorney General (the “AG”) announced that it had reached a settlement with both FanDuel and DraftKings, resolving the State’s deceptive marketing practices lawsuit. We had previously...more

Another $50 Million Shoe Drops: DreamWorks Settles Wage-Fixing Class Action

In the latest sequel to the ongoing legal drama, DreamWorks has agreed to pay $50 million to settle a class-action based on DreamWorks conspiring with other animation studios not to poach/hire one another’s employees....more

Federal Circuit Affirms Dismissal of Joint Infringement Allegations under Iqbal/Twombly Pleading Standard

On September 30, 2016, the Federal Circuit issued an opinion affirming the District Court for the Southern District of New York’s dismissal of the plaintiff ’s complaint under Fed. R. Civ. P. 12(b)(6) because the complaint...more

Greektown Casino Sued By EEOC For Disability Discrimination

Employer Failed to Grant Leave Extension for Employee With Stress-Anxiety Disorder And Fired Him Instead, Federal Agency Charges - DETROIT - A Detroit casino operator violated federal law by denying a reasonable...more

Still No NCAA Pay for Play - Supreme Court Denies Cert. in O’Bannon v. NCAA

On October 3, 2016, the Supreme Court of the United States denied certiorari requested in O’Bannon, et al. v. NCAA, et al., by both the plaintiffs (No. 15-1167) and the National Collegiate Athletic Association (NCAA) (No....more

Restitution Claims Resolved in New York and Cologne, New Case Filed Against Germany

Word came this week of two resolutions of claims to Nazi-looted art in museums in New York and Cologne, and a new Nazi-looted claim against Germany filed in Washington. Barely a month after the Neue Galerie (of Austrian and...more

McRo decision gives software/computer-based patents a big boost

On September 13, 2016, the US Court of Appeals for the Federal Circuit held as patent-eligible patent claims directed to automated lip-synching for animated characters. This holding builds upon the few decisions thus far...more

Big Settlement, Big Issues: Sexual Harassment in the Workplace Isn’t Over.

$20,000,000.00. That, as they say in the legal parlance, is a crooked number with a LOT of zeros behind it. And that is also the reported amount of settlement between Gretchen Carlson and Fox News over her sexual...more

NBA Team Sued By Fans Over Mobile Application

Earlier this week, a putative class action was brought against the NBA’s Golden State Warriors concerning the team’s mobile application. According to the complaint, the free app provides an interactive experience for fans by...more

Friedman v. Live Nation Merchandise, Inc. - USCA Ninth Circuit, August 18, 2016

Ninth Circuit revives photographers claims of willful copyright infringement against Live Nation Merchandise over Run DMC photograph it used without permission, concluding lower court incorrectly dismissed willful copyright...more

All That Glitters is Not Gold For Led Zeppelin’s Claim For Attorneys’ Fees

Legendary rockers Jimmy Page and Robert Plant are probably still flying high over their defense verdict earlier this summer in the “Stairway to Heaven” copyright infringement trial. They may be slightly coming down, though,...more

Intellectual Property Bulletin - Summer 2016

Supreme Court Expands Discretion to Award Enhanced Damages for Patent Infringement and Eliminates the Federal Circuit’s ‘Seagate Test’ - In Halo Electronics, Inc. v. Pulse Electronics, Inc., the U.S. Supreme Court...more

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

DOJ declines to modify consent decrees, angers PROs.”

Greenberg Glusker music law partner William I. Hochberg was quoted in an August 4, 2016, Daily Journal article, “DOJ declines to modify consent decrees, angers PROs.”...more

Northern District of California “Shuts Out” Minor League Ballplayers’ Experts

Minor league baseball players took a swing at class certification, and they missed—badly. In Senne v. Kansas City Royals Baseball Corp., et al., minor league baseball players across the country asserted wage and hour...more

I Swear It’s Not Mine – Artist Sued for Denying He Created Art Piece

Artist Peter Doig, whose pieces regularly sell for $10 million, is currently entangled in a rare and rather odd lawsuit, which involves a work Doig denies he created. While disputes of the authenticity of pieces of artwork...more

MoFo IP Newsletter - August 2016

Supreme Court Abolished Federal Circuit's Test for Willfulness - On June 13, 2016, in Halo Electronics, Inc. v. Pulse Electronics, Inc., 579 U.S. ___ (2016), the Supreme Court unanimously abrogated the Federal Circuit’s...more

Pokémon Go Faces More Criticism

Pokémon Go is a location-based augmented reality game in which players use their mobile device to catch Pokémon in the players’ real-world surroundings by utilizing the camera, GPS, and gyroscope features of the mobile...more

Producers Beware: What happens when your movie distributor files bankruptcy?

The Issue - There has been written a plethora of articles about Bankruptcy Code §365(n) regarding the rights of parties to license agreements when the licensor files a bankruptcy and rejects a license agreement....more

Court’s Reconsideration Gives “Lift” to Dirty Dancing Trademark Dilution Claim

It’s been almost 30 years since we were introduced to bad boy dance instructor Johnny Castle (Patrick Swayze) and sweet daddy’s girl Frances “Baby” Houseman (Jennifer Grey). This star-crossed duo shimmied their way to...more

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