Is it Worth Suing for Defamation?

Is it Worth Suing for Defamation?

By Steven T. Lowe / October 7, 2019

Defamation is a civil cause of action that creates a great amount of stir when a case is filed. Defamation occurs when a person: makes a false statement of fact about you or your business; the statement was published (made to a third party); the person who made the statement did so negligently, recklessly, or…

Read More

DEFAMATION CLAIMS NOT REQUIRED FOR PRESUIT NOTICE REQUIREMENTS FOR BOOKS AND MOVIES

By Steven T. Lowe / August 1, 2019

On July 10, 2019, a Florida appeals court found that defamation contained in books and movies are not covered by a presuit retraction requirement for defamation suits; refusing to dismiss the claims of the grandson of former Columbian President Mariano Ospina Perez Francisco Javier Ospina Baraya’s (“Ospina”), that claimed that the book “The Infiltrator” and…

Read More

AYKROYD’S CRYSTAL HEAD VODKA LITIGATING AGAIN

By Steven T. Lowe / August 1, 2019

On July 8, 2019, Dan Aykroyd’s company, Globefill Inc. (“Globefill”), has filed another lawsuit against a liquor company for infringing the Crystal Head trademark. Globefill filed the lawsuit against a Mexican tequila maker, Matatena Spirits S.A. de C.V. (“Matatena”), alleging that it knocked off the Crystal Head iconic head-shaped bottle. In the complaint, Globefill claims…

Read More

CASE AGAINST ED SHEERAN WILL WAIT FOR ZEPPELIN DECISION BEFORE GOING TO TRIAL

By Steven T. Lowe / July 17, 2019

Following up on our July 15, 2018 article entitled “Sheeran/Gaye Lawsuit Headed To Jury Trial”: On July 2, 2019, U.S. District Court of the Southern District of New York, Louis L. Stanton, continued the jury trial scheduled for September 11, 2019, over whether Ed Sheeran’s “Thinking Out Loud” infringes Marvin Gaye’s “Let’s Get It On,”…

Read More

THE ANDY WARHOL FOUNDATION PREVAILS IN “PRINCE” COPYRIGHT LAWSUIT

By Steven T. Lowe / July 12, 2019

On July 1, 2019, U.S. District Court Judge of the Southern District of New York, John G. Koeltl, held that an Andy Warhol series of prints featuring legendary pop artist, Prince, does not infringe upon the copyright of the photographer who originally took the photograph. Judge Koeltl ruled that the Warhol series is “transformative” of…

Read More

COLOR ME BADD STILL TOURING DESPITE CONTINUED CONFLICTS, INCLUDING TRADEMARK INFRINGEMENT CLAIMS BETWEEN ITS OWN MEMBERS

By Steven T. Lowe / July 11, 2019

On July 1, 2019, a member of well-known ‘90s R&B group, Color Me Badd, filed a lawsuit in Indiana federal court against another member alleging he misappropriated the band’s trademark while trying to pursue his solo career. CMB Entertainment LLC (“CMB”) and lead singer of Color Me Badd, Bryan Abrams (“Abrams”), are seeking to stop…

Read More

COPYRIGHT INFRINGEMENT CLAIM AGAINST MILEY CYRUS WILL HAVE ITS DAY IN COURT

By Steven T. Lowe / July 10, 2019

Following up on our February 25, 2019, article entitled “Miley Cyrus Will Face Lawsuit Over Copyright Infringement Claims Over ‘We Can’t Stop’”: On June 28, 2019, U.S. District Judge for the Southern District of New York, Lewis Kaplan, ruled that copyright infringement claims against Miley Cyrus over her 2013 hit song “We Can’t Stop” will…

Read More

“EMPIRE” COPYRIGHT CASE AGAINST FOX REJECTED BY U.S. DISTRICT COURT FOR THIRD TIME AFTER THE 9TH CIRCUIT REVERSED A PREVIOUS DECISION FOR DEFENDANT FOX

By Steven T. Lowe / July 8, 2019

Following up on our August 8, 2018 article entitled “Ninth Circuit Revives Lawsuit Against Fox Regarding ‘Empire’”: On June 14, 2019, U.S. District Judge of the Central District of California, Percy Anderson, again tossed the lawsuit against Fox Television which claimed that plaintiffs’ unproduced “treatment” was the basis of the television show “Empire.” This recent…

Read More

AUTHOR OF TOMMY DEVITO AUTOBIOGRAPHY WANTS NINTH CIRCUIT TO RE-INSTATE JURY VERDICT IN HER FAVOR

By Steven T. Lowe / June 29, 2019

On June 11, 2019, author Donna Corbello (“Corbello”) urged the Ninth Circuit to revive a jury verdict finding the creators of the hit Broadway musical “Jersey Boys” stole material from her husband’s unpublished book. Even though the jury found in her favor and issued her an award in June of 2017, the judge thereafter issued…

Read More

NINTH CIRCUIT TO TAKE A SECOND LOOK AT ITS RULING CONCERNING THE CASE AGAINST LED ZEPPELIN

By Steven T. Lowe / June 29, 2019

On June 10, 2019, the Ninth Circuit decided that all of the judges of the Ninth Circuit Court of Appeals would “rehear” the previous panel’s decision reversing a lower court verdict in favor of Led Zeppelin. The lawsuit was originally filed in 2014 by Michael Skidmore (“Skidmore”), the trustee for the lead singer of a…

Read More