Zahedi v. Miramax, LLC. is an interesting case from the Central District of California. The decision came out of dueling motions for summary judgment: Miramax trying to dismiss the underlying complaint based on the statute of limitations; and photographer Firooz Zahedi seeking affirmation of his copyright ownership as well as the dismissal of the statute of…
Brooks v. Dash came to our attention from the Southern District of New York, but it began years before. The defendant, Dame Dash, ran a seminar for would-be media producers. The plaintiff, Edwyna Brooks, paid the $50 entry fee for the chance to pitch her idea to Dash: making a movie out of her four-book…
Can the failure to consult with a lawyer be considered hubris when so many people do it? In looking at Dr. Seuss Enterprises, L.P. v. COMICMIX LLC et al., I can’t help but conclude that a little legal representation before marketing would have avoided “making a federal case out of it,” as they say. The…
Hallmark v. Dickens is a case in the Eastern District of New York, in which the judge affirmed a magistrate judge’s recommendation in favor of Hallmark Greeting Cards against a company called Dickens Incorporated. It all started when Hallmark culled some greeting cards — 73 trailers’ worth — because they had become obsolete or didn’t…
The Ninth Circuit took the unusual step of reviewing whether the Central District of California properly denied a motion to amend the complaint in Astor-White v. Strong et al. The case concerns copyright infringement, brought by Jacob Astor-White, against three people involved in the television show Empire. Astor-White claims that the show is based on…
According to Wikipedia, an implicit bias or implicit stereotype is “the unconscious attribution of particular qualities to a member of a certain social group.” Legislation is often written to allow for a substantial degree of judicial discretion — and in these areas of judicial discretion an outside observer might expect to find biases. We’re only human; none of us…
With success come lawsuits. Comedian Jerry Seinfeld has seen his share and, as Charles v. Seinfeld illustrates, is getting pretty good at them. In 2011, plaintiff Christian Charles worked on the pilot episode of Comedians in Cars Getting Coffee. He would later go on to claim authorship of it, which was disputed by Jerry Seinfeld. According to Seinfeld,…
A number of recent copyright cases have hinged on intangible aspects of the work in question. In most cases, the court relies on expert witnesses to provide their opinions about things like substantial similarity or copying. But not in this case. This practice was endorsed recently by the Ninth Circuit in Hall v. Swift, which we wrote about here,…
In City of New York v. Blue Rage Inc, a mom-and-pop clothing store was sued for trademark violations by the City of New York. The Cop Shop, located in Massapequa, Long Island, is the culmination of former transit policeman Salvatore Piccolo’s dream to serve the law enforcement community even in retirement. In addition to providing regulation…
Once upon a time, long before the National Football* League owned a whole day of the week, the first Super Bowl was played on January 15, 1967. A young broadcaster named Frank Gifford helped call the historic game for millions of people watching on CBS and NBC affiliates. Considering its instant success, one would think…