On November 26, 2018, Red Label Music Publishing Inc. (owner of the rights to the song at issue) hit Fox Sports and several affiliates with a lawsuit in Illinois federal court, claiming that FOX Sports utilized portions of the music from the “Super Bowl Shuffle” without authorization.

The “Super Bowl Shuffle,” made popular by the 1985 Chicago Bears, was used during Fox’s airing of “Fox and Friends,” as well as in related internet telecasts of the “After the Show Show.” Red Label claims it became aware of the alleged infringements and put Fox’s legal department on notice in 2016, but videos continue to be available and shared online.

The label and licensing company are seeking either statutory damages they claim exceed $1 million dollars, or the total amount of unpaid licensing fees, royalties and profits resulting from Fox’s use of the video and music, whichever is greater.

Red Label and Renaissance are represented by Greg Minkow of Minkow & Bergman Ltd. and Samuel Levin of the Law Office of Samuel G. Levin.

Counsel information for Fox could not immediately be determined.

The case is Red Label Music Publishing Inc. et al. v. Fox Sports Interactive Media LLC et al., case number 1:18-cv-07798, in the U.S. District Court for the Northern District of Illinois.

* Lowe & Associates (“The Firm”) is a boutique entertainment and business litigation firm located in Beverly Hills, California. The Firm has extensive experience handling cases involving entertainment law, having provided top quality legal services to its clients since 1991. The Firm is recognized in multiple publications for its many achievements and high ethical standards, including Martindale-Hubbell and Super Lawyers.

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