Articles Posted in U.S. Court of Appeals for the Eighth Circuit

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Warner filed suit claiming that AVELA infringed their trademarks and engaged in unfair competition by licensing iconic pictures and phrases from films. On appeal, AVELA challenges a permanent injunction prohibiting them from licensing images from the films Gone with the Wind and The Wizard of Oz, as well as the animated short films featuring cat-and-mouse duo Tom and Jerry. The court concluded that AVELA’s Seventh Amendment claim is not properly before the court and thus the court declined to consider it; the court rejected AVELA's alternative claim that the $2,570,000 statutory damages award is disproportionate to the offense, insufficiently reasoned, and in violation of this court’s ruling in the previous appeal; the doctrine of judicial admissions does not bar Warner’s trademark claims; likewise, judicial estoppel does not apply; Dastar Corp. v. Twentieth Century Fox Film Corp. does not bar Warner's trademark claims; AVELA has waived the functionality and fair use defenses; the likelihood of confusion does not always require a jury trial and, on the merits, the district court did not err by rendering summary judgment on the likelihood of confusion; the court rejected AVELA's challenges to the permanent injunction; and the district court’s order is not inconsistent with the court's ruling in the prior appeal. Accordingly, the court affirmed the judgment. View "Warner Bros. Entertainment v. X One X Productions" on Justia Law

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League Commissioner Roger Goodell, during the 2014 football season, suspended Minnesota Vikings running back Adrian Peterson indefinitely and fined Peterson a sum equivalent to six games' pay. Peterson’s suspension stemmed from his plea of nolo contendere in November 2014 to a charge of misdemeanor reckless assault on one of his children. After Peterson appealed his discipline to an arbitrator, the arbitrator affirmed the suspension and fine. The district court then granted Peterson's petition to vacate the arbitration decision and the League appealed. The Commissioner subsequently reinstated Peterson. At issue in this appeal is whether the League may collect the fine imposed by the Commissioner and upheld by the arbitrator. The court concluded that the parties bargained to be bound by the decision of the arbitrator, and the arbitrator acted within his authority. The court rejected the Association's remaining contentions that the arbitrator was "evidently partial' and that the arbitration was “fundamentally unfair.” Accordingly, the court reversed the district court’s judgment vacating the arbitration decision and the court remanded with directions to dismiss the petition. View "NFL Players Ass'n v. National Football League" on Justia Law

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A class of plaintiffs filed suit against the Rams in the Twenty-Second Circuit Court in the city of St. Louis, alleging state-law violations that arose out of the Rams' relocation of their professional football team to Los Angeles, California. The Rams removed the case to federal court under the Class Action Fairness Act (CAFA), 28 U.S.C. 1332(d). Once before the federal district court, plaintiffs moved to remand to the state court based predominantly on a lack of minimal diversity necessary to support CAFA jurisdiction. On appeal, the Rams challenged the district court's decision to remand the case to the Missouri state court. The court concluded that the Rams properly removed the case to federal court by filing a notice of removal; the district court's refusal to consider postremoval evidence effectively denied the Rams the opportunity for jurisdictional discovery to establish their claim of federal jurisdiction; and the district court's refusal to consider postremoval evidence prejudiced the Rams by limiting their ability to prove their statutory right to a federal forum. Accordingly, the court vacated the district court's order remanding the case to the Missouri state court and remanded to the district court for further proceedings. View "Pudlowski v. The St. Louis Rams LLC" on Justia Law

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Plaintiffs, twenty-three professional football players, filed a putative class action against the NFL, claiming that films produced by NFL-affiliate NFL Films violated the players’ rights under the right-of-publicity laws of various states as well as their rights under the Lanham Act, 15 U.S.C. 1125. Twenty plaintiffs settled, but appellants elected to opt out of the settlement and pursued individual right-of-publicity and Lanham Act claims. The district court granted summary judgment for the NFL. Applying the three Porous Media Corp. v. Pall Corp., factors, the court agreed with the district court’s conclusion that the films are expressive, rather than commercial, speech and that the Copyright Act, 17 U.S.C. 301(a), therefore preempts appellants’ claims. The court also concluded that appellants' claim of false endorsement under the Lanham Act fails as a matter of law because appellants provide no evidence that the films contain misleading or false statements regarding their current endorsement of the NFL. Accordingly, the court affirmed the judgment. View "Dryer v. National Football League" on Justia Law