5-HOUR ENERGY DRINK CANNOT DODGE $4.3 MILLION AWARD AGAINST THEM

5-HOUR ENERGY DRINK CANNOT DODGE $4.3 MILLION AWARD AGAINST THEM

By Steven T. Lowe / April 10, 2019

On March 18, 2019, a Washington state appeals court denied the makers of 5-Hour Energy drinks- Living Essentials LLC and Innovative Ventures LLC- their appeal to dismiss a $4.3 million award against them in a false advertising lawsuit. The Court of Appeals determined that the trial court was correct in finding that the above-described companies…

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TRADEMARK OWNER OF PHARSE “AND DOWN THE STRETCH THEY COME” SUING PRODUCERS AND DISTRIBUTORS OF “ST. VINCENT” MOVIE

By Steven T. Lowe / April 9, 2019

On March 20, 2019, well-known horse racing announcer Dave Johnson (“Johnson”) sued the producers and distributors of the film “St. Vincent,” (the “Film”) alleging that the line spoken by actor Bill Murray (“Murray”) “AND DOWN THE STRETCH THEY COME” infringes his trademark. Johnson, who registered the phrase with the U.S. Patent and Trademark Office in…

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UNIVERSAL AND SINGER JOHN NEWMAN DODGE COPYRIGHT INFRINGMENT LAWSUIT

By Steven T. Lowe / April 9, 2019

Apps had urged the Ninth Circuit to hear her case against Universal Music and British singer John Newman (“Newman”) after a Nevada federal judge ruled that Apps failed to present enough evidence for a jury to find that Newman’s song “Love Me Again” copied her song titled “Need to Know.” Notwithstanding Apps’ contentions that the…

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VOLTAGE PICTURES DODGES WRITER-DIRECTOR’S COPYRIGHT INFRINGEMENT LAWSUIT OVER “THE PROFESSOR AND THE MADMAN”

By Steven T. Lowe / April 4, 2019

On March 12, 2019, U.S. District Judge Consuelo B. Marshall of the Central District of California granted Voltage Pictures’ motion for summary judgment in a copyright infringement lawsuit brought by a writer-director who had worked extensively on an upcoming film entitled, “The Professor and The Madman,” starring Mel Gibson and Sean Penn. Judge Marshall dismissed…

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DR. SEUSS-STAR TREK “MASHUP” IS RULED FAIR USE

By Steven T. Lowe / April 3, 2019

On March 12, 2019, a California federal court judge tossed copyright infringement claims filed by Dr. Seuss Enterprises (the company that controls Dr. Seuss’ intellectual property), holding that a “mashup” of Dr. Seuss and Star Trek was protected by the fair use doctrine. U.S. District Judge Janis L. Sammartino ruled that the new book “Oh,…

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NINTH CIRCUIT DENIES CRYSTAL DAN AKROYD’S REQUEST FOR $4.3 MILLION IN ATTORNEYS’ FEES FOR PROTECTING THE “TRADE DRESS” OF HIS BRAND OF VODKA

By Steven T. Lowe / March 29, 2019

On March 12, 2019, the Ninth Circuit denied Dan Aykroyd’s Crystal Head Vodka company’s request to be reimbursed $4.3 million in attorneys’ fees, after winning a lawsuit against a competing brand of vodka that had utilized the look and feel of the Crystal Head brand. The Ninth Circuit affirmed that Globefill Inc., the maker of…

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SEC FILES FRAUD COMPLAINT AGAINST MOVIE WRITER-DIRECTOR

By Steven T. Lowe / March 19, 2019

On February 26, 2019, the U.S. Securities and Exchange Commission (“SEC”) filed a complaint in California federal court alleging that movie writer-director, Daniel Adams (“Adams”), and his music producing partner, Michael Flanders (“Flanders”), defrauded at least two investors out of tens of thousands of dollars. In early 2016, Adams and Flanders allegedly convinced two people…

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$174 MILLION AWARDED TO “BONES” CAST FROM FOX

By Steven T. Lowe / March 18, 2019

On February 27, 2019, a February 4th ruling of an arbitrator’s award against 21st Century Fox Inc. (“Fox”) was made public for $179 million. The claimants were key personnel behind the TV crime drama, “Bones.” The case as based upon Fox wrongfully withholding “chunks of the show’s profits.” The ruling revealed how JAMS arbitrator Peter…

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CALIFORNIA FEDERAL JUDGE WU REJECTS WEINSTEIN’S BIDS TO TOSS LAWSUIT

By Steven T. Lowe / March 15, 2019

On February 28, 2019, U.S. District Judge George H. Wu judge tentatively rejected Harvey Weinstein, Miramax LLC and others’ attempt to dismiss claims alleging that they stole intellectual property from the author of “The Amityville Horror” to create a film sequel, “The Amityville Horror: The Awakening.” Anson’s suit, filed in 2017, which also names Bob…

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“COPYRIGHT TROLL” LAWYER AT IT AGAIN, THIS TIME OVER FYRE FESTIVAL DOCUMENTARY

By Steven T. Lowe / March 14, 2019

On February 28, 2019, an attorney labeled a “copyright troll” by a New York federal judge filed a copyright infringement lawsuit against Netflix over footage used in Netflix’s Fyre Festival documentary. New York lawyer Richard Liebowitz, who has filed more than 700 lawsuits in the Southern District of New York since 2016, filed a complaint…

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