On August 7, 2018, U.S. District Judge Stephen Wilson granted summary judgment in favor of StubHub over allegations that StubHub breached the Defend Trade Secrets Act (“DTSA”) when they hired three employees from a startup company who allegedly used proprietary data from their former company for apps they developed for StubHub.
LATE NWA MEMBER EAZY-E’S WIFE REACHES DEAL WITH SON OVER “STRAIGHT OUTTA COMPTON” AND OTHER RELATED TRADEMARK
Eazy-E’s wife, Tomica Woods-Wright, has reached a deal with Eazy-E’s son, Eric Darnel Wright, over the use of “Straight Outta Compton” and other phrases relating to rap group NWA.
On August 16, 2018, Los Angeles Superior Court Judge David S. Cunningham III ruled that Steven Lamar, an entrepreneur who won $25.25 million at trial for his contributions to Dr. Dre's and Jimmy Iovine's first headphones in their “Beats” line of headphones, is entitled to another $5.6 million in ...
On August 13, 2018, a California federal judge declined to dismiss claims against Capitol Records LLC, Universal Music Group Inc., Katy Perry, and other songwriters (“defendants”), over claims they used plaintiffs’ song “Joyful Noise” when creating Katy Perry’s hit “Dark Horse.”
On July 30, 2018, Steve McQueen’s heirs filed a complaint in Los Angeles Superior Court against Ferrari claiming Ferrari infringed on McQueen’s trademarks by releasing a special edition “McQueen” Ferrari without their consent.
FEDERAL COURT DISMISSES FALSE ADVERTISING CLAIMS BROUGHT AGAINST CNBC, NBC UNIVERSAL MEDIA, ET AL. OVER EPISODE OF TV SHOW “AMERICAN GREED”
On August 2, 2018, a Delaware federal court dismissed false advertising claims brought against CNBC LLC, NBCUniversal Media LLC, and other production companies (“Defendants”) that produced CNBC’s show “American Greed.”
On July 11, 2018, the California Supreme Court refused to revive a lawsuit filed by actress Olivia de Havilland over the FX docudrama “Feud: Bette and Joan.”
On July 11, 2018, a California judge rejected Bill Cosby’s request to dismiss Janice Dickinson’s defamation suit saying “the ‘heart’ of her allegation that Cosby falsely painted her rape allegations as lies would move forward.”
On July 10, 2018, a California federal judge dismissed a $100 million dollar racketeering lawsuit against Viacom heir Shari Redstone filed by Manuela Herzer, a former acquaintance of Ms. Redstone’s father. U.S. District Judge Philip S. Gutierrez ruled that with Sumner Redstone still alive, Ms. Herzer does not have a legal entitlement to any of Summer Redstone’s assets.
Months after admitting the song “We Shall Overcome” was free for all to use, Ludlow Music, the publisher responsible for collecting fees every time someone used the civil rights song, was ordered to pay attorneys’ fees to the plaintiffs who brought the case.
On August 1, 2018, the Ninth Circuit revived a lawsuit in which the plaintiff claimed Fox took the television show “Empire” from the plaintiff’s “treatment.” A 2-1 vote of the Ninth Circuit Court of Appeals overturned a trial judge’s decision to dismiss allegations against 20th Century Fox.
On July 11, 2018, the Ninth Circuit refused to overturn a ruling that “Blurred Lines” infringed Marvin Gaye’s “Got to Give It Up.”
On July 6, 2018, the Second Circuit officially declared the parody “Who’s Holiday”, based on Dr. Seuss’ “The Grinch Who Stole Christmas,” was freed of all claims under the “Fair Use Doctrine.”
On July 9, 2018, a Manhattan federal judge ruled the that the 2011 novel “The Art of Fielding” did not infringe the copyright to an unpublished baseball book with similar plots.
On July 5, 2018, three Manhattan-based strip clubs moved to dismiss allegations by 11 models in a New York federal court that their images were improperly used to advertise the clubs.
On July 6, 2018, the Ninth Circuit Court of Appeals ruled California’s 1977 Resale Royalties Act (CRRA) only applies to art sales conducted prior to 1978, the date the federal Copyright Act went into effect.
On June 28, 2018, Ed Sheeran was slapped with another copyright infringement lawsuit over his 2014 hit “Thinking out Loud” which Mavin Gaye’s estate contends is substantially similar to the Marvin Gaye song “Let’s Get It On.”
U.S. SUPREME COURT TO ADDRESS WHETHER COPYRIGHT OWNERS MUST COMPLETE COPYRIGHT REGISTRATION OF THEIR WORKS BEFORE SUING
On June 28, 2018, the U.S. Supreme Court agreed to address the issue of whether copyright owners must obtain actual registration with the US Copyright Office (as opposed to simply submitting their application for registration) before filing a lawsuit.
On June 26, 2018, the Second Circuit began to listen to arguments regarding the summary judgment decision issued in September of 2017 finding that “Who’s Holiday!” a parody of “How the Grinch Stole Christmas!”, was protected by the doctrine of fair use.
On June 27, 2018, a California jury awarded entrepreneur Steven Lamar $25.25 million to by paid by Dr. Dre and Jimmy Iovine to Lamar for his part in producing the first model of the popular “Beats” headphones.
On June 14, 2018, a California federal judge denied a motion to dismiss a class action brought by Indiana artists alleging that a company called Alibaba Group Holdings allowed copyright infringers to illegally reproduce the artwork of the Indiana artists on Alibaba's website. The judge called the motion to dismiss a “waste of paper.”
On June 13, 2018, New York U.S. District Judge Frederic Block issued an 89-page detailed explanation to why he denied New York City real estate developer Jerry Wolkoff a new trial. The opinion stated that Wolkoff “lied, was reckless and irresponsible” and demonstrated “egregious behavior” in court.
On June 14, 2018, Jeffrey Prosperie, who was struck by an ax by “Fox & Friends” co-host Pete Hegseth while shooting an episode of “Fox & Friends,” has filed a lawsuit in New York court against Pete Hegseth and Fox (including Fox Broadcasting, Fox News, Fox Entertainment, and “Fox & Friends”) for negligence.