Justia Entertainment & Sports Law Opinion Summaries

In 2001 Fox sought to register a mark having a literal element, consisting of the words COCK SUCKER, and a design element, consisting of a drawing of a crowing rooster. Since 1979, Fox has used this mark to sell rooster-shaped chocolate lollipops, which she “displays . . .in retail outlets in small replicas of egg farm collecting baskets to emphasize the country farmyard motif.” The consumers targeted by Fox’s business are, primarily, fans of teams that have gamecocks as mascots. The Trademark Trial and Appeal Board affirmed refusal by the examiner to register her mark, citing 15 U.S.C. 1052(a). The Federal Circuit affirmed, holding that a mark that creates a double entendre falls within the proscription of the section where, as here, one of its meanings is clearly vulgar. The section’s prohibition on registration of “immoral ... or scandalous matter” includes a mark that is “vulgar.”View "In re: Fox" on Justia Law

Remark produced a distinctive series of television commercials for radio stations known as the “remarkable mouth” or “hot lips” commercials. The U.S. Copyright Office issued a copyright for a version of this commercial in 1980. The original holder of the copyright assigned it to Remark, which registered it with the Copyright Office in 2002. WADL, a Detroit television station, broadcast two commercials that resemble the copyright. After the commercials aired, Remark sent a cease-and-desist letter to the producer, Adell. After some negotiation, the parties agreed that $50,000 would settle Remark’s claims. Remark drafted an agreement, and Adell produced a revised version. Remark’s counsel e-mailed Adell’s counsel saying that Remark agreed to the changes. Adell forwarded a final version. Remark signed and returned the originals, but Adell never signed the agreement. It instead retained new counsel and for the first time balked at the $50,000 figure, offering to settle for a more “reasonable” amount. Remark filed suit. The district court granted Remark summary judgment but denied its request for attorney’s fees. The Sixth Circuit affirmed. View "Remark, LLC v. Adell Broad. Corp." on Justia Law

Retro Television Network appealed the district court's dismissal of its claims against appellees, Luken and Retro Television, under Rule 12(b)(6). In 2005, Equity entered into an intellectual property agreement (IPA) with Retro Television Network. Retro Television Network subsequently sued appellees seeking royalty payments and an accounting under the IPA. Because Retro Television Network failed to allege any facts that would make Luken liable for Equity's obligations under the IPA, the district court properly dismissed its claims against Luken. The court also held that the district court did not abuse its discretion in awarding attorneys' fees. View "Retro Television Network, Inc. v. Luken Communications LLC, et al" on Justia Law

In 2000 an “incident” occurred on the ice of a professional hockey game in Switzerland between Miller and McKim. McKim was injured. Swiss courts filed criminal charges against Miller. McKim’s insurer and hockey club filed suit against Miller, and two civil judgments were entered against Miller. Miller left Switzerland before the judgments were finalized and informed his hockey team and its insurer (Winterthur) that he no longer had the financial means to defend the litigation. In 2005, a document was submitted to Miller in Michigan from Winterthur that acknowledged its responsibility for the costs of criminal and civil judgments and proceedings pending in Zurich and previous attorneys’ fees. In 2010, McKim’s team and insurer submitted demands for payment to Miller from the Swiss judgment. Miller, claiming reliance, submitted the demands to Winterthur, which declined to pay the judgments in full. Miller brought suit in Michigan, seeking contractual damages and enforcement of the terms of the 2005 document. The district court granted Winterthur’s motion to dismiss for lack of personal jurisdiction. The Sixth Circuit affirmed. Miller had established a basis for personal jurisdiction under Michigan’s long-arm statute, but the requirements of constitutional due process were not met. View "Miller v. AXA Winterthur Ins. Co." on Justia Law

In 2007, Defendant accidentally released about 90,000 gallons of crude oil into floodwaters of a river in Coffeyville. In 2010, Plaintiffs filed an action in federal court alleging the oil spill damaged their pecan grove. Plaintiffs asserted a statutory right to recover damages under Kan. Stat. Ann. 65-6203. Defendant argued Plaintiffs' claim was barred by the two-year statute of limitations in Kan. Stat. Ann. 60-513(a)(4). Plaintiffs contended they timely filed their action under the three-year statute of limitations in Kan. Stat. Ann. 60-512(2). Specifically, Plaintiffs argued that section 65-6203 creates an "absolute" liability different in kind than the strict liability doctrine applied under Kansas common law, and therefore, the three-year limitation period applied. The federal district court certified two questions to the Kansas Supreme Court, which answered by holding (1) section 65-6203 imposes liability for an accidental release or discharge of materials detrimental to the quality of the waters or soil of the state that differs from the Kansas common-law strict liability standard; and (2) the three-year statute of limitations in section 60-512(2) applies to actions brought under section 65-6203. View "Eastman v. Coffeyville Res. Ref. & Mktg." on Justia Law

Marilyn Monroe LLC and its licensee sued Milton Green in the federal district court, claiming ownership of Marilyn Monroe's right of publicity and alleging that Milton Greene was violating Marilyn Monroe LLC's rights by using Monroe's image and likeness for unauthorized commercial purposes, including the advertising and sale of photographs of Monroe. At issue in this case was whether appellants inherited a right of publicity, which was created and deemed posthumous by the states of California and Indiana decades after her death, through a residual clause in her Last Will and Testament. The court concluded that because Monroe's executors consistently represented during the probate proceedings and elsewhere that she was domiciled in New York at her death to avoid payment of California estate taxes, among other things, appellants were judicially estopped from asserting California's posthumous right of publicity. View "Milton H. Greene Archives, Inc. v. Marilyn Monroe LLC, et al." on Justia Law

Plaintiff filed an action for copyright infringement, as well as unjust enrichment and accounting, against defendants. According to plaintiff, defendants infringed her purported interest in a book and two screenplays that together allegedly formed the basis for the 1980 motion picture "Raging Bull." The court held that plaintiff's copyright infringement claim was barred by laches and therefore did not reach the merit of the claim itself. The court also held that, because laches was an equitable defense, the court agreed with the district court that laches also barred plaintiff's unjust enrichment and accounting claims. The court further held that the district court did not abuse its discretion in denying defendant's sanctions and attorney's fees motions. View "Petrella v. Metro-Goldwyn-Mayer, Inc., et al." on Justia Law

ActiveVideo asserted that Verizon’s video on demand (VoD) feature of the FiOS-TV system infringed its 578, 678, and 883 patents, which share a common specification and generally disclose and claim interactive television systems and methods for delivering interactive television to subscribers. Verizon counterclaimed that ActiveVideo infringed three of its patents. The jury found that Verizon infringed four ActiveVideo patents and that ActiveVideo infringed two Verizon patents and awarded damages to both. The court entered an injunction against Verizon but delayed enforcement for six months during which Verizon was ordered to pay a sunset royalty. The Federal Circuit reversed the injunction and the judgment of infringement against Verizon as to one patent; vacated the grant of summary judgment of invalidity as to one Verizon patent is vacated and remanded for further proceedings. The court affirmed other findings of infringement and the imposition of a sunset royalty. View "ActiveVideo Networks, Inc. v. Verizon Commc'n, Inc." on Justia Law

In 2006 Vince P, wrote, recorded, and distributed a song entitled Stronger. The title comes from a line in its refrain that draws from an aphorism coined by Friedrich Nietzsche: “what does not kill me makes me stronger.” Vince P began looking for an executive producer in the hip-hop recording industry and sent a recording to Monopoly, a business manager and friend of Kanye West, a hip-hop superstar. Monopoly agreed to be Vince P’s producer, so long as Vince P was funded by a record label. That funding never materialized and the proposed collaboration foundered. Shortly thereafter, Kanye West released a song entitled Stronger. West’s song also features a hook that repeats the Nietzschean maxim and, according to Vince P, other suspicious similarities to his song. Vince P tried to contact West, but he was turned away by West’s representatives. In response, Vince P registered a copyright for his version of Stronger and sued West. The district court dismissed. The Seventh Circuit affirmed. The two songs are not similar enough to support a finding that copyright infringement has occurred under 17 U.S.C. 106(1); the songs share only “cosmetic similarities.” View "Peters v. West" on Justia Law

Petitioners sought appraisal of their shares in CKx, under Section 262 of the Delaware General Corporation Law. CKx was acquired by an affiliate of Apollo through a 2011 merger. Fox Broadcasting is not a party to the litigation and was not involved in the merger, but has an agreement with a subsidiary of CKx, 19TV, for the right to broadcast the American Idol television program, which provided substantial revenues to CKx before the merger. Petitioners moved for an order compelling Fox to produce deposition testimony as well as several categories of documents relating to American Idol, Fox’s contracts and contract negotiations with 19TV and FremantleMedia . The chancellor denied the motion except as to the categories of documents and deposition testimony that Fox has agreed to produce. With respect to a request that would require Fox to produce documents relating to Fox’s internal valuation and financial information regarding its negotiations with CKx in connection with an agreement to broadcast American Idol, the court stated that the marginal relevance of the information is outweighed by the potential harm the disclosure of that information would cause Fox and the presence of non-confidential, more probative information already in the record. View "Huff Fund Inv. P'ship v. CKx Inc." on Justia Law