Personal Injury Civil Procedure Art, Entertainment & Sports

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Clark v. Viacom - USCA Sixth Circuit, July 8, 2015

Sixth Circuit affirms dismissal of defamation claims brought against Viacom by former American Idol contestants, holding that Tennessee’s “single publication rule” applies to online speech and thus majority of allegedly...more

Saving Fans from Themselves (and Foul Balls): Class Action suit aims to raise nets and take down the Baseball Rule

“The slaughter pen” is the early 1900s term to describe the seating area behind baseball’s home plate before the age of nets or fencing shielded them from wild pitches and foul balls. While the game has come a long way...more

Right of Publicity Claims by Athletes Nearly Shut Out in 2015

When we published our Sue-per Bowl post, 2015 looked like it would be a good year for right of publicity claims brought by athletes. On January 6, 2015, the Ninth Circuit in Davis v. Electronic Arts held that the First...more

Sirius Wins One in Florida, Florida, Florida!

On June 22, 2015, the Southern District of Florida held that artists have no public performance rights in their pre-1972 sound recordings under Florida law, in contrast to decisions from California and New York in related...more

Flying Fenway Bat Calls New Attention to the Baseball Rule

A tragic accident often leads to calls for re-examination of a long-accepted part of culture. This past week, after a broken bat at Fenway Park seriously injured a fan, commentators are calling for a re-examination of the...more

Richard Prince’s Instagram Art: Do You Know Where Your Face Is?

Social media, it seems, has turned us all into photographers. Anyone with a Facebook page, an Instagram account or any of the other methods for socializing on the web, can post original photos for all the world to see,...more

USA: Lawsuit against Manny Pacquiao

Lawsuits have been filed against Manny Pacquiao, his manager (Michael Koncz) and his promoter (Top Rank Inc.), alleging amongst other things, fraud and perjury. The lawsuits seek damages for the alleged concealment of...more

WWE Faces Wrongful Death Suit for Alleged Concealment of Risks Associated with Concussions

Memphis, Tennessee is the most recent arena in which the WWE is defending itself against concussion-related claims brought by former professional wrestlers. On February 18, 2015, the widow of deceased wrestler Nelson Lee...more

Screenwriter SLAPPs Down Libel-in-Fiction Claim

In a victory for all authors of fiction, a screenwriter of the film “What Maisie Knew” has successfully defended a lawsuit that sought to hold him liable for defamation based on the portrayal of a character drawn from an 1897...more

Stacy Allen Speaks: The Good, The Bad, And The Ugly: Unpopular Celebrities And The Right Of Publicity

In retrospect, the victories won by former college football stars in their right of publicity lawsuits against Electronic Arts and its hugely popular NCAA Football videogame franchise are hardly surprising. How could anyone...more

Dutch judge: online operator does not have to refund gambling losses

Through its website, the remote gambling operator gave the opportunity to participate in remote games of chance. Now that it is still not legally permitted to offer remote games of chance targeted to the Dutch market, the...more

Trademark Review | March 2015

Registration Cancelled Where Services Related to Mark Not Provided - Playdom, Inc. filed a petition to cancel Couture’s mark, arguing that the registration was void because Couture did not use the mark in commerce as of...more

Michael Jordan Denied Summary Judgment on His Right of Publicity Claim against Illinois Grocer

In 2009, Michael Jordan was inducted into the Basketball Hall of Fame. To commemorate Jordan’s career, Time Inc. published a special Sports Illustrated Presents issue that included congratulatory “advertisements” from several...more

And the Lawsuit Goes to . . . An Oscar-Time Guide to “Best Picture” Intellectual Property Litigation

The film that wins the Best Picture Oscar this year is certain to attract more viewers and more box office receipts than it had before receiving the award. But Best Picture winners also tend to attract more lawsuits,...more

Client Alert: Summary Judgment under Primary Assumption of Risk Inappropriate Where Defendant Alleged to have Increased Risk of...

In Robert Fazio v. Fairbanks Ranch Country Club, 2015 WL 367100, published January 29, 2015, the California Court of Appeal, Fourth District, reversed the trial court's order granting summary judgment in favor of Fairbanks....more

Win Some, Lose Some: Assumption of Risk Defense Fails for Sports Complex Owners; Claims Against Dome Seller Dismissed

A plaintiff bringing product liability and premises liability claims against multiple defendants in an effort to cover all bases often leads to different legal defenses among classes of co-defendants and a scattered offense...more

UK: Passing Off – How Rihanna “found love” in the Court of Appeal

On 22 January 2014 the Court of Appeal upheld the High Court decision in a claim for passing off brought by global superstar Rihanna against Topshop. The dispute centered on a t-shirt which was sold by Topshop in its...more

Davis: Electronic Arts Gets a New Set of Downs and Still Can’t Score

Just over a month ago I wrote about the Davis v. Electronic Arts matter that was pending before the Ninth Circuit Court of Appeal.  Specifically, I opined that the matter was ripe for Supreme Court review in light of the...more

Who can I sue if my team doesn’t make it to the Super Bowl? #LawsuitAttorney

Apparently, this is the question one man asked himself after the Dallas Cowboys lost in the NFL playoffs to the Green Bay Packers. A key play in that game came in the fourth quarter when a pass to Cowboys receiver Dez Bryant...more

Henley Is Not Taking It Easy

According to music icon Don Henley, intellectual property rights are not a joking matter....more

Electronic Arts and its Disrespect for the Game

On September 11, 2014, the Ninth Circuit heard oral argument on the appeal in Davis v. Electronic Arts (Case No. 12-15737), a class action lawsuit brought by three former NFL Players against Electronic Arts (“EA”), the...more

NCAA Appeals Ruling on Compensation for Student-Athletes

On November 14, 2014, the National Collegiate Athletic Association (NCAA) submitted its initial brief to the Ninth Circuit Court of Appeals challenging the Northern District of California’s August decision that the NCAA’s...more

Rossi v. Photoglou - California Court of Appeals, 4th Appellate Div., September 29, 2014

Rossi v. Photoglou - California Court of Appeals, 4th Appellate Div., September 29, 2014: California appellate court reverses summary judgment in favor of Real Housewife of Orange County Gretchen Rossi against "friend"...more

September 2014: Entertainment Litigation Update

ABC v. Aereo: Supreme Court Holds that Aereo’s System of Streaming Television Broadcasts via the Internet Infringes Copyrights in Programs Broadcast. On June 25, 2014, the Supreme Court issued its opinion in the...more

Executing Noriega?

As some of you may recall, I posted about a lawsuit Manuel Noriega brought against purveyors of the Call of Duty video game franchise arising from his depiction in the game. In essence, I suggested that Noriega’s lawsuit was...more

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