Entertainment & Media Litigation

Representative Matters

Copyrights, Rights of Publicity and Trademarks

• Newton v. Diamond, 349 F.3d591 (9th Cir. 2003):  Obtained summary judgment and Ninth Circuit affirmance for defendants in copyright infringement action involving "sampled" sound recording of the musical group The Beastie Boys.
• Silvers v. Sony Pictures Entm't, 330 F.3d 1204 (9th Cir. 2003):  Obtained dismissal, affirmed by the Ninth Circuit, for defendant in copyright infringement action based on standing.
• Selletti v. Mariah Carey, 70 Fed. Appx.603 (2d Cir. July 29, 2003):  Obtained dismissal of copyright infringement action against Mariah Carey and Sony Music concerning Ms. Carey's song "Hero," which Second Circuit affirmed on appeal.
• Elvis Presley Enters. v.Capece, 141 F.3d 188 (5th Cir. 1998):  Represented plaintiff in trademark infringement and right of publicity action involving name and likeness of Elvis Presley.
• Thomson v. Larson, 147 F.3d195 (2d Cir. 1998):  Defended heirs of deceased author of Rent in highly publicized action brought by dramaturg claiming she was coauthor of Pulitzer Prize- and Tony Award-winning Broadway musical; Second Circuit affirmed verdict for our clients in precedent-setting decision addressing joint authorship under the Copyright Act.
• Ticketmaster L.L.C. v. RMG Techs., Inc., 507 F. Supp. 2d 1096 (C.D. Cal. 2007): Obtained a preliminary injunction for Ticketmaster based on copyright infringement, violation of Digital Millennium Copyright Act and breach of contract to stop defendant from creating and distributing computer programs that allowed defendant's clients to "cut in line" in front of regular consumers buying tickets on www.ticketmaster.com website.
• Love v. The Mail on Sunday, 473 F. Supp. 2d 1052 (C.D. Cal. 2007); 489 F.Supp. 2d 1100 (C.D. Cal. 2007):  Represented Beach Boy Brian Wilson in two separate lawsuits brought by fellow group member Mike Love for copyright infringement, trademark infringement and violation of the right of publicity over the alleged unauthorized use of Love's image and the Beach Boys' trademark in connection with Wilson's compilation CD in the United Kingdom.  Obtained judgment for Wilson and attorneys' fees of approximately $625,000.
• KISS Catalog Ltd. v. Passport Int'l Prods., Inc., 405 F. Supp. 2d 1169 (C.D. Cal.2005):  Represented the musical group KISS in the first-known civil action brought under the federal anti-bootlegging statute in connection with the unauthorized sale of concert DVDs.
• Sony Pictures Entm't Inc. v. Fireworks Entm't Group, Inc., 137 F. Supp. 2d 1177 (C.D. Cal.2001); 156 F. Supp. 2d 1148 (C.D. Cal. 2001):  Prosecuted copyright infringement and unfair competition action involving character "Zorro" and the movie Mask of Zorro.
• Freeman v.Timberlake (S.D.N.Y.):  Represented music publishers against copyright infringement claims involving *NSYNC's hit song "Girlfriend" and remix "Girlfriend featuring Nelly." 
• Gaillard v. Rolling Stones (C.D. Cal.):  Represented the Rolling Stones in the defense of a copyright infringement claim involving the song "Saint of Me" from the Rolling Stones' album Bridges toBabylon.
• LaCour v. Time Warner Inc., CopyL. Rep., CCH P28, 108:  Represented recording artist and songwriter Robert Kelly, his record label, and music publisher in a copyright infringement lawsuit over the composition "I Believe I Can Fly."
• Pahler v. Slayer, 2001 WL1736476 (Cal. Sup. Ct. Oct. 29, 2001):  Represented recording group Slayer in ground breaking First Amendment wrongful death lawsuit over song lyrics; California Court of Appeal affirmed trial court demurrer based on First Amendment defense. 
• Summit Entertainment, LLC v. Beckett Media LLC; Case No. CV 09-08161 (C.D. Cal. 2010):  Obtained preliminary injunction on behalf of motion picture producer Summit Entertainment on claims for copyright infringement and trademark infringement arising out of alleged infringement of the "Twilight" mark and copyrights associated with the Twilight motion picture.
• Milton H. Greene Archives, Inc.v. Julien's Auction House (C.D. Cal):  Successful defense at trial, affirmed by the Ninth Circuit, of defendant pop memorabilia auction house accused of copyright infringement of iconic photographs of Marilyn Monroe used in connection with an auction of Monroe memorabilia on consignment from the Estate of Marilyn Monroe.
• Fifty-Six Hope Road Music, Ltd.v. A.V.E.L.A., Inc., et al. (D.C. Nev.):  Represent the owner of the intellectual property of iconic recording artist Bob Marley in connection with a trademark infringement and right of publicity dispute arising out of the unauthorized use of the Marley image on merchandise. 

Commercial Disputes

• 24/7 Records, Inc. v. Sony Music Entm't, Inc., __ F. Supp. 2d __, 2008 WL 2791522 (July 18,2008); 2004 WL 2093132 (S.D.N.Y. Sept. 20, 2004), aff'd inpart, 429 F.3d 39 (2d Cir. 2005):  Represented record company defendants in breach of contract and tortious interference action arising out of refusal to distribute plaintiff's cover recording of "The Ketchup Song"; obtained summary judgment and Second Circuit affirmance on main claims by establishing that plaintiff failed to secure license for use of "The Ketchup Song" composition; on remaining claims, obtained summary judgment ruling that plaintiff suffered no compensatory damages.
• Humphrey v. CBS Sportsline.com, 2007 WL 1797648 (D.N.J.2007):  Obtained dismissal of action alleging that online fantasy sports leagues constitute illegal gambling in violation of laws of numerous states.
• Steinbeck v. McIntosh & Otis,Inc., 433 F. Supp. 2d 395 (S.D.N.Y. 2006):  Obtained summary judgment  ruling that son and granddaughter of JohnSteinbeck validly exercised federal "termination" rights to retrieve book publishing rights in Of Mice and Men,The Grapes of Wrath and other Steinbeck works under the Copyright Act, despite a 1994 agreement book publisher reached with John Steinbeck's widow that purported to eliminate those rights.
• Rowe Entm't, Inc. v. William Morris Agency, Inc., 2005 WL 22833 (S.D.N.Y. Jan. 5, 2005),aff'd, 167 Fed. Appx. 227 (2d Cir. Dec. 30, 2005): Defended two prominent booking agencies and obtained summary judgment and Second Circuit affirmance in action alleging race discrimination and antitrust violations in concert promotion industry.
• Cusano v. Horipro Entm't Group, 301 F. Supp. 2d 272 (S.D.N.Y. 2004), aff'd,126 Fed. Appx. 521 (2d Cir. 2005):  Obtained summary judgment and Second Circuit affirmance for music publisher inaction brought by former member of musical group KISS, claiming fraud, conversion and constructive trust in connection with the sale of musical compositions.
• Sheffield Enters., Inc. v. The Main Event Inc., Case No. CV-02-03927-RGK (C.D. Cal.2003):  Obtained a jury verdict and permanent injunction on behalf of a company owned by the children of Frank Sinatra to block an unauthorized Frank Sinatra "tribute" in Las Vegas.
• Faulkner. v. Arista Records LLC (S.D.N.Y.):   Defended record label against purported breach of contract and fiduciary duty claims brought by former members of The Bay City Rollers seeking millions of dollars in allegedly unpaid royalties. 
• Anschutz Entm't Group v. Nederlander-Downtown, Inc.  (Cal. Sup. Ct.):  Represented Anschutz Entertainment Group in claim against concert promoter Nederlander over concert booking rights to the Staples Center in Los Angeles.
• LA Arena Co. v. Forum Enterprises, Inc. (Cal. Sup. Ct. and C.D. Cal.): Represented Anschutz Entertainment Group affiliate in dispute over the booking rights to concerts at the Forum in Inglewood, California.
• Crane v. Concerts West (D.C. Nev.):  Represented concert promoter Concerts West, the producer and originator of the Celine Dion show at the Colosseum at Caesar's Palace in Las Vegas, in connection with a breach of contract/idea submission lawsuit by a claimant alleging to be the originator or "finder" of the project.
• Mizell v. Concord Records,LLC (Cal. Sup. Ct.):  Represented record label Concord Records in a breach of contract/idea submission claim asserted by party alleging to have originated the idea for the Grammy Award-winning Ray Charles album Genius Loves Company.
• Greene Trio Music LLC v. Jackson (Cal. Sup. Ct.):  Obtained summary judgment for record producer and television personality Randy Jackson, affirmed on appeal, in connection with a breach of fiduciary duty claim brought by music publisher alleging that copyrights to songs cowritten with recording artist Mariah Carey had been "diverted" from the music publisher to Carey's publishing designee.
• Image Entertainment Inc. v. BTP Acquisition Company LLC (Cal. Sup. Ct.): Represented home video distributor in connection with breach of video distribution agreement as well as companion claims arising out of a proposed merger transaction.
• Estate of Michael Jeffrey v.Warner Bros. Records Inc., 743 N.Y.S.2d 717 (App. Div.2002):  Defended record company in action brought by estate of former manager of legendary musical artist Jimi Hendrix, claiming royalties in connection with sale and distribution of Hendrix records; obtained dismissal, affirmed on appeal.
• Moses Prods. v. Sweetland Films (N.Y. Sup. Ct.):  Defended film producer in highly publicized lawsuit brought by Woody Allen's film company relating to financing of Allen's feature films; settled action during trial.
• R. Kelly v. Jay-Z (N.Y.Sup. Ct.):  Represented world-famous R&B artist R. Kellyin high-profile action arising from cancellation of 40-date tour.
• R. Kelly Touring, Inc. v. Rowe Entertainment (AAA):  Obtained $3.4 million arbitration award on behalf of recording artist Robert Kelly against concert promoter, subsequently confirmed as a judgment by the Los Angeles Superior Court.
• Rozone Productions, LLC v. Little Swamp II, Inc. (W.D. Texas):  Obtained dismissal of Little Swamp, the furnishing company of recording artist John Fogerty, in connection with a lawsuit for breach of contract filed by concert promoter over cancelled concert appearance.
• Brown v. Simmons (Cal.Sup. Ct.):  Represent Gene Simmons in breach of fiduciary duty action filed by an alleged former "partner" arising out of a marketing services arrangement with Indy Racing League.
• Betts v. Allman Brothers Band (AAA):  Defended musical group in a highly publicized arbitration relating to Dickey Betts' departure from the group.
• Dwight McGhee v. MTV Networks, Randy Jackson; Case No. SC 106609 (Cal. Sup.Ct.):  Represent television personality Randy Jackson in idea submission case over MTV show America's Best Dance Crew.
• Fifty-Six Hope Road Music Ltd. v.UMG Recordings, Inc.; Case No. 08 CIV. 6143(S.D.N.Y.):  Represent the entity that controls the rights to legendary recording artist Bob Marley over the accounting of record royalties related to the sale of Bob Marley recordings as well as the ownership of the renewal term copyrights to the Marley sound recordings.

Class Action Lawsuits

• Druyan v. Jagger, 508 F.Supp. 2d 228 (S.D.N.Y. 2007):  Obtained dismissal of class action alleging that Ticketmaster and The Rolling Stones had violated consumer protection laws by cancelling concert due to performers' illness.
• Taylor v. BMG Direct Mktg.,Inc., 749 N.Y.S.2d 31 (App. Div. 2002); Zuckerman v. BMG Direct Mktg., Inc., 737 N.Y.S.2d 14 (App. Div. 2002): Defended record club in class actions challenging marketing practices, including offer of free compact discs and application of shipping and handling charges; obtained dismissals, affirmed on appeal, in precedent-setting decisions under New York Deceptive Practices Act, G.B.L. § 349.
• BMG Direct Mktg., Inc. v.Peake, 178 S.W.3d 763 (Tex. 2005):  Obtained reversal, in the Texas Supreme Court, of class certification in an action involving our client's late fees.