Warner Brothers Entertainment

News & Analysis as of

Insurance Coverage – Equitable Indemnity Claim by Excess Carrier

Ace American Insurance Company v. Fireman’s Fund Insurance Company - Court of Appeal, Second Appellate District (August 5, 2016) - Where an underlying insurer rejects a settlement offer within its policy limits, and...more

Bad Faith Actions for Excess Judgments….is There Trouble Brewing for Recalcitrant Primary Insurers

Can an excess carrier go ahead and fund an excess primary limits settlement and then assert a claim for bad faith against the primary insurer who previously refused to accept and fund a prior in-limits policy demand? On...more

Excess Insurer Can Sue Primary for Failing to Settle Within Limits Even Without Entry of Excess Judgment

In Ace American Ins. Co. v. Fireman's Fund Ins. Co. (No. B264861, filed 8/5/16), a California appeals court held that an excess insurer that contributes to the settlement of an underlying case due to the primary insurer’s...more

FTC Acts Against Warner Bros.' YouTube Promotion Campaign

Last week, the FTC announced an agreement containing a consent order, subject to final approval, resolving its claims against Warner Bros. Home Entertainment Inc. (Warner Bros.) for the company’s misleading use of social...more

FTC Acts Against Warner Brothers’ YouTube Promotion Campaign: Disclosure of Affiliation Below the “Fold” Is Not Enough

Last week, the FTC announced an agreement containing a consent order, subject to final approval, resolving its claims against Warner Bros. Home Entertainment Inc. (“Warner Bros.”) for the company’s misleading use of social...more

FTC Continues to Scrutinize Social Media Influencer Programs

This week, as part of its ongoing focus on influencer programs, the Federal Trade Commission (FTC) settled charges against Warner Brothers Home Entertainment, Inc. regarding its use of such a campaign to market the video game...more

Game Over: Warner Bros. Settles FTC Charges Relating to Video-Based Influencer Campaign

Earlier this week, the FTC announced that Warner Brothers entered into a consent order as a result of a complaint charging failure to adequately disclose that the video game publisher paid influencers to promote a new video...more

Warner Bros. Settles FTC Charges It Failed to Adequately Disclose Payments to Online Influencers

More and more brands are paying online “influencers” to engage with, positively review and market their products. However, a recent federal action reiterates the importance of clearly disclosing the sponsored nature of such...more

Manatt Digital Media - May 2016

In this newsletter, we hear from Jacob Carlson on the latest M&A happenings in the world of Media and Entertainment, with particular attention to hot-button issues such as VR/AR, live streaming, and eSports. Viewed...more

Prince in Perpetuity: Preserving a Legacy through Trademarks

Art often lives on long after the artist, serving as the artist’s legacy for generations. After an extraordinary career, Prince Rogers Nelson, suddenly passed away on April 21, 2016. He leaves a legacy of undisputable...more

Copyright and Trademark Case Review

Summaries of Recent Precedential and Informative Appellate Opinions - January 29 – February 26 Copyright Opinions - CBS Broadcasting Inc. v. FilmOn.com, Inc., No. 14-3123-cv (2d Cir. Feb 16, 2016): Second...more

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

Fourth Age Limited v. Warner Bros. Digital Distribution Inc. - USCA, Ninth Circuit, October 28, 2015

Ninth Circuit affirms district court’s holding that Warner Bros. can assert counterclaims against estate of J.R.R. Tolkien in action over right to make digital merchandise based on Tolkien’s books, as counterclaims were...more

Pow! Boff! Thwack! Batmobile Wins Copyright Litigation

It's not every day a Ninth Circuit court opinion includes, "Holy copyright law, Batman!," or “To the Batmobile!” But in affirming a district court’s ruling in a copyright infringement case by DC Comics against the maker of...more

It’s Illegal to Sing Happy Birthday?

Some years ago, Aaron Sorkin (bar none the greatest television writer of all time) spent a few minutes of an episode of Sports Night making light of the fact that the song “Happy Birthday” is outside the public domain....more

Manatt Digital Media - July 2015

In this edition, we reflect upon the key digital media events of the first half of 2015 and present the major deals, developments and trends across video, music, gaming and virtual reality....more

Gerritsen v. Warner Bros. Entertainment Inc. - USDC, C.D. California, June 12, 201

District court dismisses breach of contract and breach of guaranty claims in first amended complaint against Warner Bros. based on Oscar-winning motion picture "Gravity," holding that plaintiff Terry Gerritsen, author of...more

Digital Music Provider Grooveshark Dismantled in Major Victory for Music Recording Industry

On April 30, 2015, digital music provider Grooveshark—owned by Escape Media Group, Inc. ("Escape")—agreed to permanently shut down its controversial music streaming website following several years of litigation with major...more

Gerritsen v. Warner Bros. Entertainment - USDC, C.D. California, January 30, 2015

District court dismisses breach of contract and breach of guaranty claims against Warner Bros. based on Oscar-winning motion picture Gravity, holding that plaintiff Terry Gerritsen, author of novel by same name, failed to...more

Warner Bros.’ Super Victory: U.S. Supreme Court Effectively Ends Lengthy Superman Copyright Dispute

Warner Bros. and its DC Comics subsidiary can now breathe a bit easier, as the U.S. Supreme Court has recently declined to intervene in the ongoing dispute over the ownership rights to Superman. And so ends (at least for...more

Holy Non-Infringement, Batman!

Fortres Grand Corporation v. Warner Bros. Entertainment Inc. - The U.S Court of Appeals for the Seventh Circuit affirmed the dismissal of a trademark infringement claim, finding that a real computer software product...more

Gilligan’s Island Remake Awash with Copyright Controversy

Travis P. Dunson (“Dunson”) filed suit for copyright infringement, money damages, injunctive relief, attorneys’ fees, as well as damages for breach of implied contract, conversion, unjust enrichment, and quantum meruit...more

Why FLYING MONKEY WINE Never Got Off the Ground

Continuing our primate theme for this month's newsletter, we thought this would be as good a time as any to remind our readers as to the important distinction between copyrighted artistic works, and use of elements from those...more

Fortres Grand Corp. v. Warner Bros. Entertainment Inc.

Fortres Grand Corp. v. Warner Bros. Entertainment Inc. - USCA, Seventh Circuit, August 14, 2014 - Seventh Circuit affirms district court’s dismissal of software company’s reverse-confusion trademark suit, where...more

Wizard of Oz Celebrates 75th Anniversary & Victory in Copyright and Trademark Dispute Over Film Characters

This August will mark the 75th anniversary of the release of the classic film The Wizard of Oz. As Warner Bros. celebrates the iconic status acquired by the film and its characters during the past seven-plus decades, the...more

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