Law Offices of Jonathan Franklin: lawsuit

Showing posts with label lawsuit. Show all posts

Thursday, April 24, 2014

"#TheConjuring" Lawsuit Against #WarnerBros. How in-development Sequels to Hit Film

Newsflash from your Hollywood Attorney:

Last year, The Conjuring came out to good reviews and an excellent box-office take. The supernatural thriller grossed $318 million worldwide, and hopes are high for sequels. But the success for Warner Bros. hasn't come without legal spooks. The latest is a lawsuit filed against the studio Wednesday from Tony DeRosa-Grund's Evergreen Media Group, which acquired the rights to the case files of real-life paranormal investigators Ed and Lorraine Warren before licensing the first film.

What started as a seemingly modest dispute over whether Evergreen Media Group had reserved the right to use The Conjuring title for television has now evolved into the kind of fight that might haunt lawyers doing chain-of-title clearance. In short, who really owns the paranormal stories of the Warrens?

DeRosa-Grund believes it's him.

The Warrens produced some 8,000 case files during their careers.

In 2009, Evergreen says, DeRosa-Grund made a series of deals with the Warrens for rights to exploit them.

The following year, Evergreen and New Line Production (a WB subsidiary) made an agreement for a film version of some of those case files. According to Evergreen, the deal covered "just 25 of the approximately 8,000, which included the 'Perron Farmhouse' Case File, the 'Annabelle' Case File, and 'The Enfield Poltergeist' Case File."

Now, New Line is producing The Conjuring 2: The Enfield Poltergeist and Annabelle. Last month, Evergreen sued Warner Bros. for allegedly stiffing De-Rosa-Grund on payment and withholding producing credit and participation on these forthcoming film projects. The plaintiff demands an injunction while Warner Bros. maintains that the claims be adjudicated in arbitration.

Now comes a second lawsuit. This one not only targets Warner Bros., but also Lorraine Warren, and explores the issue of whether there's even more here than meets the eye.

There's talk in the latest complaint that New Line is attempting to circumvent the 2010 agreements with Evergreen "by attempting to claim that their productions based upon the 'Annabelle' and 'The Enfield Poltergeist' Case Files are somehow based upon a parallel set of rights to those owned by Evergreen and Mr. DeRosa-Grund, namely, rights in connection with chapters from The Demonologist acquired from Mrs. Warren and/or [Tony] Spera and Graymalkin Media."

The Demonologist is a 1980 book by Gerald Brittle about the Warrens. It covers, among other things, the "Annabelle" incident (involving a demonic Raggedy Ann doll terrorizing a family) as well as the "Enfield Voices" one (involving a single mother and her children who witness some weird things at home).

It was originally released by Prentice Hall, but recently, Spera, Warren's son-in-law, is said to have "taken charge" of The Demonologist and changed publishers to Graymalkin. This has apparently led to a fight between Brittle and Graymalkin over whether the publisher change violated the terms of a "Collaboration Agreement" between the Warrens and Brittle. It brings up all sorts of co-ownership issues and the ability to unilaterally license.

For full details on what Evergreen and Brittle are claiming,
here's the complaint.... http://www.scribd.com/doc/219924502/EVERGREEN-MEDIA-HOLDINGS-BRITTLE-V-LORRAINE-WARREN-et-al

But long story short, the plaintiffs say the owners of the book only have "limited publishing rights," while DeRosa-Grund maintains authority over life rights of the Warrens. They say "Mrs. Warren, and by extension Mr. Spera and Graymalkin Media, have no rights in connection with The Demonologist that can be exploited by New Line and/or Warner Bros. without Mr. Brittle's permission.... Moreover, Mr. Brittle has previously granted an option to Evergreen to acquire his rights to further exploit The Demonologist."

Among the latest claims is that Warner Bros is tortiously interfering in the various contracts covering The Demonologist as as well as violating copyright on the book. As for Warren, she, too, is now facing claims of not honoring her agreement on the book. The complaint, while detailed in parts, leaves a lot of probably necessary details nearly naked, like how Warner Bros. is truly hampering the contractual relationships and what expression is really being infringed.
Nevertheless, in a press release, one of the attorneys for the plaintiffs is comparing the situation to "another Watchmen-like dispute where there is the very real possibility of [defendants] losing all of their rights in connection with The Conjuring franchise."

Warner Bros. says it has not been served with the lawsuit.

Source.... HR

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Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
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Monday, April 21, 2014

#TGIFriday's Labor Law Violations, #Underpaying According to Workers' Legal Team

Newsflash from your Hollywood Attorney:

The restaurant chain TGI Friday's Inc., held by one of the world's largest family owned business enterprises, faces a national class action lawsuit for allegedly violating labor laws by systematically underpaying tipped workers, according to Outten & Golden LLP and Fitapelli & Schaffer, LLP.

The lawsuit, which alleges violations of the federal Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL), was filed by four former TGI Friday's workers from the New York metro area in New York federal court on behalf of current and former servers, bussers, runners, bartenders, barbacks, hosts, and other tipped workers at the restaurant chain.

According to the complaint, TGI Friday's requires tipped workers to arrive at work well before the start of customer service and to stay at work after the restaurant closes without receiving the minimum wages and overtime to which they are entitled under the FLSA and NYLL.

The lawsuit also accuses restaurant management of using a centralized time keeping system to "shave" hours from employee time records and allowing employees to work "off-the-clock" performing non-tip producing "side work" including cleaning the restaurant, preparing food in bulk for customers, cutting produce, refilling condiments, and stocking and replenishing the bar and service areas. At other restaurants, these duties customarily are assigned to "back-of-the-house" employees, who typically receive at least the full minimum wage rate of pay.

The lawsuit seeks to recover minimum wages, overtime compensation, spread-of-hours pay, misappropriated tips, uniform-related expenses, unlawful deductions, and other wages for current and former workers at TGI Friday's restaurants throughout the nation owned and/or operated by Carrollton, Texas-based Carlson Restaurants Inc., Carlson Restaurants Worldwide Inc., and TGI Friday's Inc. nationwide.

Justin M. Swartz and Sally J. Abrahamson, of Outten & Golden LLP's New York office, and Joseph A. Fitapelli and Brian S. Schaffer, of Fitapelli & Schaffer, LLP, of New York, represent the restaurant workers.

Attorney Justin M. Swartz said, "It is shameful for a big company to pay its hard-working, low-wage restaurant workers less than they earned. Maximizing profits is not all that should matter."

Attorney Brian Schaffer said, "We believe employees at many of the hundreds of TGI Friday's restaurants were affected by the companies' practices. We allege the labor violations occurred through manipulation of the restaurant chain's sophisticated timekeeping system, which is capable of tracking multiple job codes for different work assignments, and pressure by restaurant managers."

The case is "Jamel Flood, et al., v. Carlson Restaurants, Inc., et al.," U.S. District Court, Southern District of New York, Case No. 14-CV-2740.

Source.....tgifridays

Law Offices of Jonathan Franklin
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Friday, April 18, 2014

Over Patti LaBelle False Fight Story Aretha Franklin Files $10 Million Lawsuit

Newsflash from your Hollywood Attorney:

The News Nerd, an Onion-esque parody site, published a fake story about Patti LaBelle punching Aretha Franklin at "an R&B/Soul concert" on March 20. Franklin didn't appreciate the clunky dose of Internet humor and posted a formal denial of the scuffle on April 15.

Apparently, that wasn't enough, as the Detroit News announced Franklin is filing a $10 million lawsuit against The News Nerd.

Said Franklin through her publicist Gwendolyn Quinn, "The stories were not presented as satire or humor. It was presented as a serious news story intended to depict me in a slanderous and derogatory way -- defamation of character."

A disclaimer at the bottom of The News Nerd website does announce that the stories are "purely satirical" and "for entertainment purposes only."

The parody story claimed that LaBelle was arrested for assault and battery after attacking Franklin with “a Mayweather-style right and left." The fictional squabble was apparently sparked when Franklin repeatedly "threw epic shade" at LaBelle, shunning her at public events.

The Detroit News also points out that the story's byline has been changed to "The News Nerd Staff" (from its original credited writer Kato Leonard) and that the text has been altered as well.

Franklin initially posted the following statement on April 15:
"I've never heard anything crazier -- regarding myself and Patti allegedly fighting on March 20, in Atlanta. On March 20, I was in New York City readying for my birthday patty (Sorry. LOL. Laughing at my typo error). I meant PARTY, which we all had one fabulous time. Patti and I are cool and we always have been. I enjoyed her at the White House. Classic Patti."

The News Nerd has also written stories about Rick Ross collaborating with Dairy Queen on a Maybach Music-themed Blizzard and Taylor Swift having a medical condition that makes her afraid of black men. Could other litigious artists be getting ideas? Franklin's reps did not immediately respond to a request for comment.

Source.... HR

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
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Thursday, April 17, 2014

"X-Men" Director Bryan Singer Accused of Sexual Abuse with a 17 Yr Old Boy

Newsflash from your Hollywood Attorney:

Bryan Singer, director of "The Usual Suspects" and four movies in the "X-Men" series of films, has been accused of sexually abusing a 17-year-old boy in 1999 as part of a federal lawsuit filed in Hawaii Wednesday.

The plaintiff in the lawsuit was named as Michael F. Egan III, a resident of Nevada. The lawsuit alleges that Singer "manipulated his power, wealth, and position in the entertainment industry to sexually abuse and exploit the underage Plaintiff through the use of drugs, alcohol, threats, and inducements." The lawsuit further alleges that Singer was part of a group of powerful men in the entertainment industry who "maintained and exploited boys in a sordid sex ring."

Singer's attorney, Marty Singer, called the lawsuit "absurd and defamatory," adding that it was obvious that this case was filed in an attempt to get publicity at the time when Bryan's new movie is about to open in a few weeks." The Singer-directed 'X-Men: Days of Future Past," is due to be released May 23.

"Hollywood has a problem with the sexual exploitation of children," Egan's attorney, Jeff Herman, told The Hollywood Reporter. "This is the first of many cases I will be filing to give these victims a voice and to expose the issue."

The lawsuit claims that Egan grew up in the Midwest and moved to Los Angeles in his early teens. Through a classmate's older brother, the complaint alleges, Egan met Marc Collins-Rector, then the chair of an Internet start-up known as the Digital Entertainment Network. Singer was an investor in the start-up, and the suit claims that the two men, along with other Digital Entertainment Network investors, would lure young men to a house in Encino known as the M&C Estate before plying them with drink and drugs and sexually assaulting them. The suit alleges that the parties were "well-known and notorious among many men in the Hollywood entertainment industry."

The suit details one encounter in which Egan claims Singer asked Egan to perform oral sex on him by the Encino estate's pool. When Egan refused, Singer pushed his head underwater before sexually assaulting him.

Egan's suit claims that he was flown to an estate in Kailua, Hawaii where Singer forced him to take cocaine before sexually assaulting him. The complaint alleges that the assaults and threats were also combined with promises from Singer to find Egan work in his films.

Source.... variety

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
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Tuesday, April 15, 2014

#LeonardoDiCaprio's Attorneys Wants Judge to Dismiss #Ramapough Lenape #Lawsuit

Newsflash from your Hollywood Attorney:

When Leonardo DiCaprio’s company signed off on producing “Out of the Furnace” it was unlikely that they anticipated a lawsuit would quickly follow. However that is exactly what happened. Yet, lawyers for DiCaprio’s production company have fired back. A Monday story by TMZ reveals that attorneys for DiCaprio have asked a judge to throw out the case citing the First Amendment.

17 members of the Ramapough Lenape Nation filed a lawsuit claiming that “Out of the Furnace” disparaged their tribe. They base this claim on the fact that several members of the characters have last names suggesting Ramapough ancestry, and another character makes a disparaging comment claiming they are inbred.

While the judge in the case has not yet issued a ruling in the matter, it will be interesting to see if DiCaprio’s claim of First Amendment protection will be sufficient to void the lawsuit. However, life is not all legal troubles for Dicaprio.

A Monday story by MSN Entertainment reveals that Dicaprio and his girlfriend, Blake Lively, were spotted enjoying a night out on the town. The story reveals that the two stars were attending a performance by Stevie Wonder at the Hollywood Bowl. It is not clear what the two stars did after the concert, but it is nice to see Leo taking time away from his legal woes to enjoy life.

It is not uncommon for movies to portray historical characters and groups in unflattering lights. However, these groups have historically not had legal recourse on filmmakers. Rather, as long as there was a reasonable level of proof and the movie does not directly make the claim, then the filmmakers are usually safe from lawsuit. As a result, it seems unlikely that the Ramapough lawsuit will be successful.

Do you think that DiCaprio’s company should be legally liable for disparaging the Ramapough Lenape Nation?

Source....examiner

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
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Friday, April 11, 2014

#Overtime #Complaints in #Hollywood

Newsflash from your Hollywood Attorney:

It’s no secret that filming movies and television shows can add up to long days, but a new lawsuit alleges that one Hollywood secret involves unpaid overtime. Hollywood has been in the news recently following intern lawsuits alleging unpaid wages, but now California overtime lawsuits are being filed alleging violations of overtime laws on the part of Hollywood producers.

a former video editor who worked on multiple shows from October 2012 to February 2013 alleges he was not properly paid for overtime. Furthermore, plaintiff Philip J. Pucci alleges the company he worked for, 495 Productions, failed to meet minimum wage laws, failed to pay wages in a timely manner and did not provide proper statements to employees.

The lawsuit alleges that Pucci was paid $1,250 per week, but only received overtime if he worked more than 60 hours in a week.

Meanwhile, a nursing home in California faces allegations that it failed to pay workers overtime and retaliated against an employee who cooperated with investigators. Ventura County Star (4/1/14) reports that the US Department of Labor filed a lawsuit against Oxnard Manor Healthcare Center for forcing employees to work off-the-clock, making them deduct hours from their time cards and failing to pay overtime wages when employees worked more than 40 hours in a week.

Furthermore, the nursing home is accused of misclassifying some workers as exempt from overtime. The nursing home and its administrator are named as defendants in the lawsuit. A lawyer representing them said they deny any wrongdoing.

The lawsuit seeks unpaid overtime, unpaid wages and damages. It also seeks reinstatement for the employee who was allegedly fired for cooperating with investigators.

Large and small businesses can face allegations of overtime pay violations. McDonald’s reportedly faces lawsuits in three states - including four lawsuits filed in California - alleging the company did not properly pay employees for overtime work, that it forced employees to work off-the-clock and managers removed employee hours from time cards. The lawsuits also include claims that employers denied their workers proper meal and rest breaks.

Under the Fair Labor Standards Act, employees who are not exempt from overtime pay must be paid at a rate of one-and-one-half times their regular pay for all hours worked in excess of 40 hours in a workweek. Companies that fail to do so could face unpaid overtime lawsuits, and be forced to pay back not just the unpaid overtime but, if necessary, punitive damages as well.

Source.... L&S

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Thursday, April 10, 2014

Enough with the Eight Year Lawsuit for #GhostHunters

Newsflash from your Hollywood Attorney:

Craig Piligian and Syfy win a nasty case in the growing area of reality TV idea theft.

For eight years, Craig Piligian held his tongue. Like many top reality TV producers, he had been sued over allegations that his production company, Pilgrim Films & Television, stole the idea behind a hit show, in this case Syfy's Ghost Hunters. In fact, when the lawsuit was filed by parapsychologist Larry Montz and publicist Daena Smoller in 2006, Piligian thought it was a joke. "Why am I in this lawsuit?" he remembers asking himself. "They may have pitched something to NBC, but I never met them."

Now Piligian, who has produced such reality hits as American Chopper and Dirty Jobs, is speaking out about his vindication in the suit. On April 1, California appeals court judge Nora Margaret Manella ruled in favor of Syfy parent NBCUniversal. The ruling followed a decision this year dismissing Piligian himself and pointing to a lack of communications between him and the plaintiffs. "Finally, someone said, 'Enough,' " says Piligian. (Lawyers for Montz and Smoller didn't respond to requests for comment on whether they will appeal.)

The Ghost Hunters case was unusually rancorous, even by Hollywood litigation standards. At one point, a federal appeals court ruled that if Montz and Smoller pitched materials with an "implied promise" of a partnership to develop a show about a team of paranormal investigators, the case should move forward. That decision prompted NBCU, fearful of igniting a firestorm of lawsuits from people who unsuccessfully pitch reality shows, to attempt to persuade the U.S. Supreme Court to weigh in. (It declined.) The case also included bizarre moments; during Piligian's deposition, he was asked whether NBCU Cable chairman Bonnie Hammer is herself a ghost hunter.

Throughout the case, Piligian maintained he came to the Ghost Hunters idea a decade ago after a colleague handed him an article in The New York Times about two Rhode Island plumbers who were paranormal investigators in their spare time. Back then, his company had no lawyers. Now, largely as a result of this case, he has five on staff. Additionally, Pilgrim Films & Television has built in-house development and casting departments that are under strict orders to document every part of the creative process.

Piligian isn't alone, of course. In a genre as young, free-flowing and, frankly, as derivative as reality TV, shows as diverse as Project Runway, So You Think You Can Dance and Steven Seagal: Lawman have faced idea theft lawsuits. And Piligian believes that in the end, these suits do harm to the creative community. "When cases like this happen, it really hurts the small producer because then we guard the doors," he says. "We make them sign waivers and rarely take submissions unless they are represented by big agencies. [Lawyers representing those who sue] say they are out to protect the small guys, but they actually end up hurting them."

Source.... HR

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Tuesday, April 1, 2014

Singer #PatBoone on Arrest Warrant and to Appear in Court

Newsflash from your Hollywood Attorney:

The 79-year-old Pat Boone was ordered to appear in court in connection with a lawsuit involving a condo he purchased on a luxury cruise liner.

The company that's building the boat got sued for some of it's investors and lost the case. The judge ordered the company to pay more than $800K in attorney's fees, but the lawyer's haven't gotten their loot.

So apparently the crafty lawyers are trying to get their money from the people -- including Pat -- who bought condos on the ship. The lawyers subpoenaed Pat to court, but he was a no show, so the judge issued the arrest warrant.

As for why Boone missed the hearing -- we're told he's on vacation with his wife in Hawaii.

Pat Boone says the arrest warrant issued against him last week is a case of misinformation, but the old guy proved he's got a good sense of humor about it ... by backing up the bus over Lindsay Lohan.

As TMZ first reported, a judge issued a warrant for Boone's arrest after he was subpoenaed to testify in a case involving a luxury condo on a cruise liner ... but he was a no-show.

Boone tells TMZ his only relationship to the ship is he agreed to be the spokesperson once it launched ... which hasn't happened yet ... and other than that he knows squat about the project.

While he fully intends to show up to court ... Boone says the litigant will "be very disappointed to hear how little I know and it won't help him in any way."

He adds, "Is this the way Lindsay Lohan and Robert Downey got so famous?"

Source..... TMZ

Stay Safe Out There - If You Need Help just Give Me a Call!

To schedule a free consultation and learn how we can help you, contact Beverly Hills DUI Attorney Jonathan Franklin today.

http://lawofficesofjonathanfranklin.blogspot.com/

Law Offices of Jonathan Franklin
Open Evenings and Weekends this Summer
Call Us Now (310) 273-9600
http://www.jonathanfranklinlaw.com

Friday, March 28, 2014

Shaquille O’Neal’s “ShaqDown” Franchise Accused of Fraud

Newsflash from your Hollywood Attorney:

Los Angeles, CA (March 25, 2014) (Press Release): Hollywood-based Tigris Entertainment and U.K.-based DreamStone Ltd. announced that they have filed a lawsuit against video game developer Maysalward, Inc. and its founder Nour Khrais. Tigris and DreamStone have retained the Los Angeles office of the Law Offices of Nate Kelly and Dallas-based Siegel Law Group as Counsel. The attorneys filed the federal lawsuit in the U.S. District Court for the Central District of California in Los Angeles.

Jordan-based Maysalward is the “recognized leader of mobile games development in the Middle East.” Maysalward partnered with Shaquille O’Neal’s One Spear Entertainment in 2013 to become the official Middle East Marketer of his mobile game “ShaqDown.” Prior to the lawsuit, Maysalward had recently partnered with the former NBA Great’s company to develop his soon-to-be-released game, “ShaqDown 2.”

The federal suit accuses the Middle East gaming giant and its founder of engaging in a “systematic campaign of fraud and deception to deprive DreamStone and Tigris of their valuable intellectual property, earned money, and reputation related to the production and distribution” of DreamStone’s popular “GHUL: 1001 Arabian Nights” mobile game.

Maysalward, which published DreamStone’s enormously popular GHUL mobile game from October 2013 to January 2014, is accused of stealing all proceeds from the game, misappropriating GHUL intellectual property, and holding the GHUL game hostage in its Jordanian headquarters. The Complaint contends that Maysalward’s refusal to hand over the game has damaged DreamStone and Tigris by disallowing it from collecting mobile game revenue, diminishing the companies’ reputation in the gaming community, diminishing the value of the GHUL franchise, and preventing Tigris from moving forward with production of its upcoming GHUL movie.

“Maysalward and Nour Khrais have maliciously absconded with my clients’ valuable intellectual property and hard-earned money. We will fight tooth and nail to ensure the game is restored on gaming platforms and the Defendants pay every dime needed to rectify the damage done to my clients’ reputations and the GHUL franchise,” said Jack Siegel of the Siegel Law Group, co-counsel for Tigris and DreamStone.

Source.... LAS

Law Offices of Jonathan Franklin
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Call Us Now (310) 273-9600
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Thursday, March 27, 2014

Surprising Entertainment #Lawsuits for the Week

Newsflash from your Hollywood Attorney:

Summit Entertainment has scored a round in an ongoing trademark dispute with Bath & Body Works over a line of "Twilight" fragrances.

The lawsuit has been ongoing for three years now, and BBW sought declaratory relief to establish its rights to use "Twilight Woods" and "Twilight Crush" and that it would not infringe or tarnish the marks of the producer of the blockbuster 2008 film.
On March 21, U.S. District Judge George Daniels denied a motion for summary judgment filed by BBW.
In his opinion, the New York federal judge writes that Summit has presented significant evidence that its marks are strong, and that viewing the evidence in Summit's favor, a reasonable jury could conclude similarity in trade dress and consumer confusion as to the source of the cosmetics. The judge also says that a jury could conclude that BBW intended to associate itself with Twilight.
Notwithstanding a potential settlement, the case appears headed to trial. Read Opinion here.... http://www.scribd.com/doc/214118527/Twilight-Trademark-Opinion

Earlier this month, photographer Brian Masck kept his lawsuit alive against Sports Illustrated for allegedly infringing his iconic 1991 photo of former University of Michigan football superstar Desmond Howard doing a "Heisman" pose during a game. Now comes the follow-up lawsuit. On Monday, he filed a new copyright infringement lawsuit against ESPN. The complaint, long on backstory, says "ESPN The Magazine did everything SI did, but the photo appeared only once, in the last print appearance of the photograph, in the issue dated October 3, 2012." Ruling..... http://www.scribd.com/doc/214661773/Heisman

50 Cent has gotten a partial victory in a lawsuit brought against a DJ who ran hip-hop website WorldStarHipHop.com. The main controversy in the lawsuit had to do with the website's masthead featuring an image of the rapper. In a ruling on Monday, a federal judge granted the hip-hop star summary judgment on copyright and right of publicity claims. In doing so, the judge rejected affirmative defenses including fair use. According to the ruling, "Defendants provide no authority to support the fair use of a celebrity’s image or likeness. This is not surprising, as a celebrity’s image, standing alone, only evokes that celebrity’s persona. Jackson’s image does not, by itself, describe anything about Defendants’ website." Read Heree..... http://www.scribd.com/doc/214626446/50-Cent-v-World-Star-Hip-Hop-Opinion

Much has been made of an Illinois federal judge's decision at the end of last year that pretty much put most of what we know about the Sherlock Holmes character in the public domain. The case is now on appeal, and the estate of Arthur Conan Doyle figures to make some interesting arguments. Meanwhile, the estate has signaled that it intends to protect its trademarks going forward. Case in point: Last week, the estate opposed an attempt by Rocket Pictures to register "Sherlock Gnomes." Rocket intends Sherlock Gnomes to be the follow-up to its 2011 computer animated feature Gnomeo & Juliet. The Conan Doyle estate says it will dilute their own hold on Sherlock Holmes. Here's the papers filed with the Trademark Office..... http://www.scribd.com/doc/214666850/Sherlock-Gnomes

Finally today comes a ruling from a Texas judge. In the lawsuit, the plaintiff claimed that the 1989 film Tango & Cash, starring Sylvester Stallone and Kurt Russell, defamed him because Russell's character appeared in the movie "dressed as a woman with lipstick, a woman's miniskirt, and woman's high heel shoes." The plaintiff says his teenage friends teased him because he shares the same first name ("Gabriel") as Russell's character. Of course, the claim goes nowhere. The judge fails to find any statement "of and concerning the plaintiff," and the claim was also barred by the statute of limitations. Read Here..... http://www.scribd.com/doc/214668019/Tango-Cash

Wednesday, March 26, 2014

Hologram Patent #Lawsuits #MichaelJackson and #CirqueduSoleil show in Las Vegas

Newsflash from your Hollywood Attorney:

Two years ago, a hologram of Tupac Shakur at the Coachella Music Festival had people wondering about what might be next in concert possibilities. Now, the technology that created the spectacle has landed in the hands of a noteworthy billionaire: Alki David, the eccentric one who attempted to transform the television business with streaming technology before Aereo stole his thunder and TV broadcasters unleashed their legal guns on him.

Now, David finds himself on the flip side of the intellectual property coin. His FilmOn and hologram-maker Musion are the plaintiffs in a lawsuit filed on Monday against Cirque du Soleil and MGM Resorts for allegedly infringing patents to create a hologram used in the final scene of Michael Jackson: One, the resident acrobatic production at Mandalay Bay Theatre in Las Vegas.

The complaint filed in California federal court begins with some history, read here.... http://www.scribd.com/doc/214434044/Hologram

"In 1862, John Pepper and Henry Dircks invented 'Pepper's Ghost,' an illusion technique, which, over the last 150 years, has appeared in movies, concerts, magic shows and amusement park rides," says the lawsuit. "Today a new incarnation of Pepper's Ghost exists -- Musion Eyeliner technology. Musion Eyeliner uses a patented system to project three-dimensional images virtually indistinguishable from real life bodies."

David was apparently impressed upon seeing the technology being used to create the deceased rapper Tupac appearing on stage with Dr. Dre and Snoop Dogg. He says he recently bought the exclusive license to Musion's patent and has started up a company called Hologram USA with a showroom at the FilmOn Studios on Canon Drive in Beverly Hills.

Why? He's got plans. "We already agreed on hologram performances with Flo Rida and the late Amy Winehouse," he says. "Many other shows are coming."

But first comes some score-settling about who owns rights to hologram technology. David says he's about to file a slew of lawsuits. This Michael Jackson one is the first.

The new lawsuit mentions two patents at issue: One for a device for displaying moving images in the background of a stage and one for a projection apparatus and method for pepper's ghost illusion.
"Although it has been widely acknowledged that Defendants employ the technology to create a three-dimensional hologram of Michael Jackson in Cirque du Soleil's Michael Jackson: One, Defendants do not possess a valid license to practice that technology."

Meanwhile, the hologram technology has landed in the hands of a Hollywood bad boy with a taste for the outrageous. David tells THR, "This is by far the most exciting business opportunity I have ever seen. Imagine running 100 meters against Usain Bolt or resurrecting Richard Pryor!"

Source.... HR

Friday, March 21, 2014

Arrest #Warrant is Out For #Grammy Award Winning Singer #AnitaBaker

Newsflash from your Hollywood Attorney:

A Wayne County Circuit judge signed off on the warrant this week. It was sought by the lawyer for a company that says Baker owes it $15,000 for work done on her Grosse Pointe home.

Baker's lawyer, Jamal Hamood, says he plans to file a motion Friday to cancel the warrant. Hamood says Baker wasn't served with papers and didn't know she had been sued in 2011 by Ray A. Smith Painting & Decorating. He says Baker is out of town and will remain so until the warrant issue is cleared up.

The company's lawyer, Daniel Gerow, tells The Detroit News he doesn't want Baker to go to jail, but only wants to see his client get paid.

Source.... FOX

#JamesCameron Wins Another #Avatar Copyright #Lawsuit

Newsflash from your Hollywood Attorney:

Cameron has already beaten a $1 billion copyright claim from Bryant Moore, has been the victor in an implied contract claim from Eric Ryder, and has denied a win for Gerald Morawski. There have been other Avatar victories too.

The latest claim came from a Vancouver man named Emil Malak, who said that Avatar bore a striking resemblance to his 1998 screenplay, Terra Incognita, about a community of indigenous people who were protecting their home planet from militaristic human intruders who want to mine precious minerals.

Malek was actually the first person to make claims that Avatar was stolen; we first covered his allegations back in December 2010.

But apparently, Malek has seemingly realized that his chances of winning were roughly equivalent to those of him filling out a perfect March Madness bracket in Warren Buffett's challenge.

According to Fox's press release, "After the first day of hearing on Cameron's motion for summary judgment, Malak approached Cameron's counsel and said he no longer wanted to pursue his claim."

Malek is quoted as saying, "After listening to the evidence, I became convinced that Avatar was independently created and accordingly I dismissed my action."

(Asked whether there was any settlement, a Fox spokesperson says, "No. Malak was not paid anything. Defendants did waive costs.")

Since Avatar came out in 2009, the statute of limitations has presumably passed on any new claims. Then again, Warner Bros. is still in the midst of a lawsuit filed last year by a Hawaii man named Thomas Althouse over whether The Matrix was stolen, so it's impossible to rule out more Avatar lawsuits and yet more James Cameron legal victories.

Source.... HWR

Tuesday, March 11, 2014

#Devo Lawsuit Settlement over their #EnergyDomeHats

Newsflash from your Hollywood Attorney:

Pharrell Williams, call your lawyers. That oversized hat worn to the Grammys might be a legally protectable signature look.

Don't believe us?

Check out Devo, the New Wave band that hit it big with the 1980 smash "Whip It." The song was featured on the band's third album, Freedom of Choice, and on the album cover (pictured), Devo members wore funny-looking headgear they called "Energy Dome Hats."

Six years ago, there was a mini media frenzy upon word that Devo was suing McDonald's over a Happy Meal toy featuring a similar-looking hat. The furor quickly died when Devo's attorney shot down the news reports as false. There was no lawsuit.

Well, at least not until this past New Year's Eve when Devo filed a lawsuit in Indiana state court against T.V. Store Online, which advertises itself as a source for classic TV and movie shirts and memorabilia. Devo, along with its official licensee Swag Merchandising Inc., alleged that the defendant was retailing unlicensed "Energy Dome Hats."

On Friday, after the lawsuit was removed to federal court, the parties told a judge that a settlement had been reached.

Unfortunately, this means there won't be much clarity as to whether those funny-looking hats are the property of Devo, but we'll explore anyway.

In the lawsuit (read here), Devo alleged violations of trademark. The complaint mentions a pair of federal trademark registrations for "DEVO" in connection with "entertainment services" and "sound and visual recordings" but doesn't go into any specificity about why that protects "Energy Dome Hats."

Clare Neumann, an IP licensing executive at CMGWorldwide, who is providing counsel to the band, tells us the case could have argued that T.V. Store was infringing trade dress and common law trademarks in the way the defendant was confusing its customers about source of origin.

Perhaps a tad less tenuous, Devo was also asserting violations of the band's right of publicity.

Indiana's publicity rights statute (one of the most generous in the nation) protects a personality's name, voice, signature, photograph, gestures, mannerisms and, yes, distinctive appearance, from being used in connection with commercial merchandise.

Devo was a rock band consisting of members from Ohio, but thanks to local firms like CMG, Indiana has gone out of its way to extend statutory rights afar, "regardless of a personality's domicile, residence or citizenship," and it doesn't matter much whether the personality is living or dead.

Alas, a lawsuit in Indiana over Devo's Energy Dome Hats.

Neumann says the terms of the settlement are confidential and can only say that the parties are satisfied.

Source.... HRLAWSUIT

Police Officer is Suing Over Whitney Houston Death Scene

Newsflash from your Hollywood Attorney:

Brian Weir has filed a lawsuit against the city of Beverly Hills regarding his treatment following inappropriate comments made by another officer during the investigation of the singer's death in February 2012.

Police officer Brian Weir is suing the city of Beverly Hills for damages in regards to the investigation following Whitney Houston's death on Feb. 11, 2012, when another officer allegedly made inappropriate comments about her appearance.

In legal papers that were filed at the Los Angeles Superior Court on Monday, Weir -- who was assigned as a sergeant in the SWAT team and K-9 units of the Beverly Hills Police Department at the time -- responded to the Beverly Hilton Hotel, where Houston was found, and attempted to secure the crime scene.

In order to prevent contamination, he covered Houston's body with a sheet. He claims that Detective Sergeant (now Lieutenant) Terry Nutall arrived at the scene and removed the sheet that covered her pubic region "and came in close proximity to touching the body of the decedent while making inappropriate comments," including that she "looked attractive for a woman of her age and current state," according to the court documents.

The lawsuit claims that Nutall violated federal rules against moving a body without the coroner's permission and that he treated the body "in a way that would outrage ordinary family sensibilities."

The suit states that members of the police department and the city of Beverly Hills -- including Chief of Police David Snowden, Captain Tony Lee, Lieutenant Nutall and Lieutenant Lincoln Hoshino -- took reprisal actions against Weir when he disclosed this information.

After complaining to his superiors, Weir was removed from his position with the SWAT team and K-9 units and denied promotion and favorable job assignments, as well as undergoing the loss of overtime and special pay, and was allegedly ostracized and harassed.

The case claims that the "substantial motivating reason" for these actions was retaliation for the information that Weir disclosed, and that this has caused him to lose income including pensions and benefits amounting to a sum to be determined during the trial. In addition, he has "become mentally upset, distressed and aggravated."

Weir is seeking damages for actual, consequential and incidental losses, emotional distress, injunctive relief to restore him to the position of SWAT and K-9 Sergeant and attorney fees and legal costs.

When reached for comment, Beverly Hills Police Department public relations officer Lt. Hoshino told THR: "Unfortunately the police department and the city have not been served in the matter. Other than the fact that I am receiving phone calls from reporters on this, we haven't seen the lawsuit yet, so I can comment on it without seeing it and without consulting the city attorney. We are waiting to be served."

Source.... HR

Monday, March 10, 2014

"#He-Man" #Comic #Franchise Ownership Lawsuit - #Mattel Wins

Newsflash from your Hollywood Attorney:

Donald Glut, the author of early "Masters of the Universe" comic books, strikes out in an attempt to claim rights to the franchise.
As Sony Pictures advances toward a reboot of Masters of the Universe, licensor Mattel has won a significant legal victory that likely clears rights issues on the He-Man franchise.

Last June, Mattel filed a lawsuit against writer Donald Glut, who in 1981 wrote four mini-comics, "He-Man and the Power Sword," "The Vengeance of Skeletor," "Battle in the Clouds" and "King of Castle Grayskull." In the 1980s, Glut was an important writer in the children's show scene and did work for such shows as Transformers and Spider-Man.

Mattel went to court against Glut because the writer had come forward to assert that he created the Masters of the Universe characters and was entitled to copyright ownership. In reaction, the toy company contended that his contributions fell under the work-for-hire doctrine and that he waited way too long to assert his claim to rights.

Both sides brought summary judgment motions, and last week after an oral hearing, U.S. District Judge Manuel Real declared Mattel the victor.

Masters of the Universe focuses on the conflict between the protagonist He-Man and the villain Skeletor on the planet of Eternia. It was one of the most popular children's TV shows in the 1980s. A 1987 film version and a 2002 reboot from the Cartoon Network weren't nearly as successful. Sony and Escape Artists are now working on a new film and are reported to be on the verge of picking a director.

But as the new film is being developed, out came Glut, a former freelancer for Western Publishing Company, who according to Mattel, was hired in 1981 to write a "backstory" for the characters in what was then the company's new boys' brand. Three decades later, the nature of Glut's working relationship became the focus of the lawsuit.

Glut argued that Mattel couldn't produce the specific work-for-hire agreement that would make the toy company the statutory author of the work. Glut contended that he instead licensed He-Man to Mattel and that such a license was subject to termination in 2016.

In response, Mattel put forward other agreements to support the proposition that the parties had understood that Masters of the Universe was a work-for-hire. The plaintiff pointed to statements that Glut had made over the years confirming as much. And if there was any confusion, Mattel added, Glut had a legal obligation to come forward much sooner with an objection.

"If one were to write a law school hypothetical to teach when it is appropriate to apply the equitable doctrine of laches, one might borrow from the story of Defendant Donald F. Glut," said Mattel in its summary judgment motion. "Defendant's story provides a textbook example of a party who unreasonably delayed in asserting copyright ownership in a written work to the extreme prejudice of the ostensible copyright holder, Plaintiff Mattel Inc."

Glut's attorneys argued that his delay wasn't unreasonable because he asserted his claim fell within the statutory termination period provided for in the Copyright Act.

But Mattel's lawyers including Larry Iser at Kinsella Weitzman were able to rebut this by framing the dispute as one over ownership. If Glut's comics were created as a work-for-hire, Mattel said, Glut never owned the copyright, could never have licensed it and therefore couldn't have terminated it. Given Mattel's exploitation of the brand over the years, Glut could have filed a lawsuit earlier.

A full written order hasn't been issued yet, but at the oral hearing, the judge agreed with Mattel's arguments over laches and also pointed to the evidence supporting Glut's work as being commissioned by Mattel as a work-for-hire.

Source..... HR

Saturday, March 8, 2014

No #Royalties for #Pink's Producer

Newsflash from your Hollywood Attorney:

The singer and Sony Music prevail in a legal dispute over an administration error.

Most everyone is familiar with the classic excuse, "It got lost in the mail."

For Harold Frasier's Specialists Entertainment, the excuse triggered a lawsuit against pop superstar Pink and Sony Music over royalties owed more than a decade ago. This week, Specialists struck out in its attempt to recover the money.

Specialists did work on two of the singer's songs, "Hiccup" and "Can't Take Me Home" from Pink's 2000 debut album Can't Take Me Home. There was another company, Thunderstone Productions, that also contributed to the songs. The royalties for the production work was supposed to be split equally between the two producers.

But Sony Music, responsible for administering the royalty payments, made a clerical error when attempting to update Specialists' mailing address.

In 2012, Specialists contacted Sony about the owed royalties.

Sony responded by explaining the situation, saying that at one point the royalty share was put on hold because it didn't have a valid address, and then in 2004, Sony had erroneously released 100 percent of royalties to Thunderstone due to an administration error. The music giant attempted to do something about owed royalties after 2004 and correct the situation going forward, but Specialists demanded about $36,000 in royalties from the 2000-2004 time period.

Last September, a New York judge dismissed most of the plaintiff's claims due to the statute of limitations but allowed the plaintiff to amend the lawsuit with a breach of contract claim as a third-party beneficiary of Pink's direction to Sony subsidiaries to pay producer royalties to Specialist and Thunderstone. The judge also pointed to Sony's communications with Specialists in 2012 as having acknowledged the debt and responsibility for repayment.

Unfortunately for Specialists, a New York appeals court on Tuesday reversed the ruling because of what was expressly said in the agreement between Pink (born Alecia Moore) and Sony.

"Plaintiff cannot assert a claim as a third-party beneficiary of a letter agreement between defendants Moore and Sony," wrote the appellate judge. "The agreement, requesting and authorizing Sony to deduct a portion of royalties payable to Moore and to pay them directly to plaintiff, by its express terms, negates any intent to permit enforcement by third-parties."

The ruling is a victory for the Recording Industry Association of America, which submitted an amicus brief in the appeal. For others, it's a reminder to check the mail.

Source.... HR