Entertainment Litigation Blog

ENTERTAINMENT & MEDIA LITIGATION: FORMER UCLA BASKETBALL PLAYER REEVES NELSON SUES SPORTS ILLUSTRATED FOR DEFAMATION

Fri, 25 May 2012 08:40:10 -0800

LAWSUIT TARGETS ARTICLE WRITTEN BY PULITZER PRIZE WINNING AUTHOR

Former UCLA men's basketball player, Reeves Nelson, has filed a lawsuit for defamation against Sports Illustrated resulting from SI's March 2012 article entitled, Special Report: Not The UCLA Way. The scathing article, written by Pulitzer Prize winning author George Dohrmann (more on him later), portrayed the UCLA men's basketball team as dysfunctional and out of control, placing much of the blame on Nelson's conduct. The revelations added salt to the open wound of a UCLA hoops season that saw the Bruins finish in the middle of a weak Pacific 12 conference and miss the NCAA tournament for the second time in three seasons.

Those who know me know that I am a rabid UCLA sports fan, particularly as to the UCLA men's basketball team. I have had season tickets for over 20 years, follow the team in road games around the country and am a donor to UCLA Athletics. I am in all sense of the word a UCLA basketball "booster."

During the 2011-12 season, UCLA men's basketball fell far short of expectations -- suffering embarrassing losses to "lesser" basketball programs, losing by double digits to top teams and failing to earn a postseason bid which most of us consider to be UCLA's birthright. Plus, UCLA fans had to endure the indignity of having to attend most "home" games at the Los Angeles Sports Arena, an arena which cross-town rival USC abandoned years ago, while the Bruins' home arena, Pauley Pavilion, underwent major renovations. Beaten on the court and essentially homeless, the UCLA basketball team then had to face SI's blistering and embarrassing accusations just days before one of the worst seasons in UCLA basketball history was about to end.

Unlike most subjects on this blog, the SI "expose" and Nelson's alleged conduct within the team detailed in that article was (and is) intensely personal. Nevertheless, as an attorney with substantial experience in defending the media as well as representing plaintiffs in defamation claims, I could not pass on the opportunity to comment on Nelson's defamation lawsuit. After the jump, you can read Nelson's complaint, and evidence he submits at the outset of his lawsuit, as well as my views on his claims.

ENTERTAINMENT LITIGATION: THE ROGER CLEMENS PERJURY TRIAL

Mon, 21 May 2012 13:03:33 -0800

A CONTINUING REMINDER OF THE NEED FOR STRONG ADVISORS

Roger Clemens must feel like he's under siege these days. Once certain that he'd be elected to the baseball hall of fame, Clemens is now on trial for the second time on perjury charges for lying about his supposed use of performance enhancing drugs (PEDs). (Clemens' first trial ended in a mistrial when prosecutors showed a video that had previously been ruled inadmissible.)

I previously wrote about Clemens and his predicament well before his indictment and first criminal trial. My first post was about how much a celebrity's reputation is worth and whether suing for defamation is an appropriate strategy to defend that reputation. I updated that first post about the crucial decisions on how to defend celebrities and their reputations when the judge dismissed most of Clemens' claims in his civil lawsuit for defamation against his former trainer.

Since then, Clemens was indicted and now is undergoing his second trial on federal perjury charges for allegedly lying to Congress in his testimony about the use of PEDs in baseball. After the jump, I'll discuss how a celebrity's reputation, and perhaps his freedom, depends on the quality and strength of the advice he receives from his representatives and friends.

ENTERTAINMENT LITIGATION: BEASTIE BOYS SUED FOR ILLEGAL SAMPLING

Mon, 14 May 2012 13:37:21 -0800

HOP-HOP LABEL FILES LAWSUIT AGAINST GROUP DAY BEFORE MCA LOSES FIGHT WITH CANCER

Adam "MCA" Rauch co-founded the "Beastie Boys" hip hop group with Michael "Mike D" Diamond and Adam "Adrock" Horovitz. Together the trio enjoyed tremendous success, selling over 40 million records, having our #1 albums and being inducted to the Rock and Roll Hall of Fame earlier this year. MCA was too ill with cancer to attend that induction ceremony. On May 4, 2012, MCA lost his battle and died at his New York home.

In timing that can charitably be called "unfortunate," hip hop label Tuff City Music Group (TufAmerica) filed suit against MCA and the other Beastie Boys, and their various record labels, the day before MCA died. Filed in federal court in New York City, the lawsuit claims that the Beastie Boys illegally "sampled" passages from two songs from the group "Trouble Funk" and incorporated them into four Beastie Boys songs, including songs on the Beastie Boys' 1986 debut album, "Licensed to Ill" (the album cover is depicted on the right).

After the jump, I'll summarize what I suspect will be key issues in the case and discuss the controversy concerning the timing of the suit.

ENTERTAINMENT & SPORTS LITIGATION: LOS ANGELES CLIPPERS ASSERT TRADEMARK RIGHTS AGAINST CLIPPER DARRELL

Fri, 02 Mar 2012 06:01:28 -0800

NBA TEAM SEEKS TO STIFLE SUPERFAN AND STOP USE OF "CLIPPER" MARK

With the arrival of new star players Chris Paul and deAndre Jordan, coinciding with the continued rise of mega-star Blake Griffin, the once hapless Los Angeles Clippers have a new identity ("Lob City") and a rekindled fan base. Once the laughingstock of all sports franchises, the Clips find themselves leading the Pacific Division of the NBA's Western Conference as of the date of this post (a half game over the Los Angeles Lakers), playing an exciting brand of basketball that's the talk of the League. In fact, Clipper fans have boldly declared that their beloved team is now THE team of Los Angeles.

(As a long time Lakers fan, I scoff at this notion. Hang some banners and get your own arena before making such ridiculous statements.)

This week, the Clippers are making news off the court. The team has become embroiled in a controversy with its most visible fan, Darrell Bailey, known to Clipper Nation as "Clipper Darrell." The team wants Clipper Darrell to go back to being just Darrell and drop the "Clipper" mark from his moniker.

After the jump, as a sports fan, and intellectual property litigator, I will discuss this burgeoning dispute between the club and its superfan and whether Lob City is better served enjoying its most visible fan's support instead of stifling it.

ENTERTAINMENT LITIGATION: KEYNOTE SPEECH OF CHIEF JUSTICE OF CALIFORNIA

Thu, 01 Mar 2012 15:54:30 -0800

THE HON. TANI CANTIL-SAKAUYE SPEAKS AT THE 2011 JABA/PABA ANNUAL INSTALLATION & AWARDS DINNER

The 28th Chief Justice of California, the Honorable Tani Cantil-Sakauye, provided the keynote speech at the 2011 Japanese American Bar Association / Philippine American Bar Association Annual Installation & Awards Dinner last February. I was honored to introduce the Chief Justice at the dinner, as well as testify on her behalf at her confirmation hearing as I previously wrote in August 2010. The Chief Justice gave an inspirational speech. You can view the video here.

ENTERTAINMENT LITIGATION: MADONNA'S BATTLE OVER "MATERIAL GIRL" TRADEMARK

Mon, 06 Feb 2012 12:47:24 -0800

STAR OF SUPER BOWL XLVI HALFTIME SHOW FOUGHT FOR "MATERIAL GIRL" TRADEMARK RIGHTS IN CLOTHING

Before her appearance at the Super Bowl festivities this weekend, singer/songwriter Madonna was locked in a battle over the trademark "Material Girl" with a clothing manufacturer who has been manufacturing clothing under that name for almost 15 years. In 2010, Madonna's company and retailer Macy's began to sell a line of clothing under the "Material Girl" name. The clothing manufacturer sued Madonna and others.

In a motion for summary judgment last summer, the company defendants claimed that Madonna obtained a trademark over the phrase "Material Girl" as a result of her hit song of the same name and related sales of goods and merchandise with that name

After the jump, I'll summarize the court's analysis and describe why I believe that Madonna should be afforded trademark rights to "Material Girl" as a result of the popularity of her song and her public persona as the quintessential "Material Girl."

ENTERTAINMENT LITIGATION: HOLY SMOKES!! DISTRICT COURT PERMITS PUBLISHER'S COPYRIGHT LAWSUIT OVER BATMOBILE

Thu, 02 Feb 2012 13:40:00 -0800

DC COMICS DEFEATS MOTION TO DISMISS COPYRIGHT INFRINGEMENT CLAIMS OVER BATMOBILE REPLICA CAR KITS

DC Comics, publisher of the original Batman comic strip, filed a lawsuit against the manufacturer and seller of vehicle modification kits that allow a consumer to create his or her own "Batmobile." The original Batmobile (pictured on the right) was an integral part of the 1960s television series based upon the DC comic books. "Gotham Garage" sold kits allowing consumers to build and own a replica of the iconic Batmobile. DC Comics sued, alleging that the replicas infringe upon their copyright to the Batmobile.

After the jump, I'll discuss the motion to dismiss proceedings before the Honorable Ronald S.W. Lew in the Central District of California. I'll also provide some insight into the business replica Batmobiles and the potential implications of Judge Lew's ruling upon the auto industry and car design.

ENTERTAINMENT & MEDIA LITIGATION: LOSING ANONYMITY

Wed, 10 Aug 2011 06:30:00 -0800

COMMUNICATION IN THE SOCIAL MEDIA AGE

By now, you've seen the image. In June 2011, the Vancouver Canucks lost game 7 of the 2011 Stanley Cup Finals to the Boston Bruins in Vancouver. Chaos ensued, and Vancouver burned. Sports fans rioting in disappointment over losing a championship (or in celebration of winning one) is hardly unusual. However, as the people of Vancouver rioted in the streets, a picture captured a couple in a private, intimate moment against a backdrop of smoke and police in riot gear. The photographer and the media reporting on the Vancouver riot did not know their names. They were simply the kissing couple.

Not surprisingly, the stark contrast between the violence in the background and the kissing couple lying on the street was a sensation -- the picture went "viral" -- disseminated worldwide on social networks as well as traditional media. With that kind of coverage, there was no chance that the anonymous couple would stay anonymous for long.

After the jump, I'll discuss the implications of the instantaneous spread of information and social media -- particularly on anonymity and expectations of privacy.

ENTERTAINMENT LITIGATION: DISNEY/PIXAR DEFEAT COPYRIGHT LAWSUIT

Tue, 02 Aug 2011 09:30:00 -0800

STUDIO WINS ENTERTAINMENT LITIGATION RELATING TO "CARS" FRANCHISE

The studios behind the "Cars" motion picture franchise ended their July with a bang -- winning their litigation in Los Angeles federal court over the creation of the franchise. Last Wednesday, July 27, 2011, Judge Valerie Baker Fairbank of the US District Court for the Central District of California in Los Angeles dismissed all claims against the Walt Disney Company, Pixar and studio-related companies filed by a plaintiff who claimed that the highly successful "Cars" films were based upon his copyrighted screenplay and treatment.

Plaintiff Jake Mandeville-Anthony alleged that Disney/Pixar and the other defendants infringed upon his copyrights in two prior works and that the studios owed him compensation for using his materials based upon an implied contract. Mandeville-Anthony's pursuit of damages against these studios came to an abrupt end with Judge Fairbank's order dismissing his entire case on the pleadings.

After the jump, I'll discuss the issues raised by the claims in this case and the import of the court's decision dismissing the case at such an early stage.

ENTERTAINMENT LITIGATION: WARNER BROS. SETTLES "HANGOVER II" LAWSUIT

Wed, 20 Jul 2011 09:00:00 -0800

STUDIO SETTLES COPYRIGHT INFRINGEMENT CLAIM BROUGHT BY TATTOO ARTIST

Late last month, Warner Bros. settled the copyright infringement lawsuit brought by the tattoo artist who designed the tatoo which appears on the face of former world heavyweight boxing champion Mike Tyson. The tattoo artist, S. Victor Whitmill, sued Warner Bros. for copyright infringement in April 2011 because Ed Helms' character in The Hangover: Part II sports a similar tattoo to the one Tyson made famous. Whitmill initially sought (unsuccessfully) to prevent or delay the release of the film. When that failed, Whitmill pursued his lawsuit in Missouri federal court, seeking damages and removal of his purported copyrighted work in any further exploitation of the movie. The settlement, of course, now eliminates the chance that Warner Bros. might be forced to digitally alter the movie.

After the jump, I'll discuss some of the legal issues raised by Whitmill's claims and why Warner Bros. likely felt it had to settle the case.

ENTERTAINMENT LITIGATION: THE ART OF A TRIAL

Tue, 14 Sep 2010 13:35:00 -0800

TOP COURTROOM MOTION PICTURES

In the spirit of the many lists of "top" whatever in the entertainment industry, I decided to write about my favorite courtroom films. Before doing so, I decided to do "research" -- so I purchased some movies that I had not seen before and some others that I had not seen in a while. It was gruesome research watching all these films. But someone had to do it.

After the jump, I'll give you some thoughts on my favorites and my views on what real-life trial lawyers can learn from the fictional ones.

ENTERTAINMENT LITIGATION: COMMISSION ON JUDICIAL APPOINTMENTS CONFIRMS NOMINEE FOR CHIEF JUSTICE

Mon, 30 Aug 2010 11:50:23 -0800

JURIST ONE STEP CLOSER TO BECOMING FIRST FILIPINO-AMERICAN STATE SUPREME COURT JUSTICE

My practice and this blog is focused on entertainment, media and intellectual property litigation. However, the past week -- an historic one for the Filipino and Asian American legal community -- was consumed by the confirmation process for California Court of Appeal Associate Justice Tani G. Cantil-Sakauye and her nomination to become the first Filipino-American justice of the California Supreme Court, and first Asian-American Chief Justice of California. On Wednesday, August 25, 2010, Justice Cantil-Sakauye's confirmation hearing before the Commission on Judicial Appointments took place at the California Supreme Court in San Francisco. I was privileged to testify in support of Justice Cantil-Sakauye's nomination on behalf of the Philippine American Bar Association.

More on my testimony and Justice Cantil-Sakauye's hearing after the jump.

ENTERTAINMENT LITIGATION: 2010 NINTH CIRCUIT JUDICIAL CONFERENCE

Mon, 23 Aug 2010 12:00:00 -0800

JUDGES, ACADEMICS AND PRACTICING LAWYERS GATHER FOR YEARLY CONFERENCE

The 2010 Ninth Circuit Judicial Conference took place last week in Maui, Hawaii with United States Supreme Court Associate Justice Anthony M. Kennedy as the keynote speaker. The Ninth Circuit holds a judicial conference every year in one of its districts -- Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon or Washington. (The Ninth Circuit also includes Guam and the Commonwealth of the Northern Mariana Islands.) I was privileged to serve as a Lawyer Representative of the Central District of California from 2004 through 2008, attending conferences in Spokane, Washington, Huntington Beach, California and Honolulu, Hawaii. This year, I was invited as an "ex officio" Lawyer Representative.

After the jump, I'll share some thoughts about the conference and its importance to the legal profession.

ENTERTAINMENT LITIGATION: WHEN THE CLIENT AND LAWYER TURN ON EACH OTHER

Mon, 09 Aug 2010 10:47:58 -0800

THE IMPORTANCE OF A STRONG LAWYER-CLIENT RELATIONSHIP

The lawyer-client relationship can -- and should -- be among the most intimate relationships -- grounded in mutual trust and respect, with open and honest communication. A client comes to the lawyer with a problem -- the lawyer learns all of the facts and charts the course to a solution -- and both are on the same page as they work together towards the resolution of the problem. However, as with any other personal relationships, it's no surprise that lawyers and clients can hit rough patches in their journey -- even when the relationship is a "good" one. This post is about examples of what can happen when the lawyer-client relationship deteriorates into an adversarial one.

There are many factors to consider when deciding whether to file litigation. I've previously touched on certain "downsides" to such litigation -- the potential that the litigation will spiral out of control or that the litigation will result in unintended consequences and embarrassing disclosures. This post is about the downside to strategic litigation choices -- including the decision to file a lawsuit in the first instance -- and how those choices can affect, positively or negatively, the strength of any lawyer-client relationship.

After the jump, two recent lawsuits between lawyers and clients -- including one case involving one of my mentors -- illustrate the importance of full and open communication between lawyers and clients during any litigation.

ENTERTAINMENT LITIGATION: REPRESENTING THE UNPOPULAR CLIENT

Mon, 02 Aug 2010 18:30:00 -0800

WHEN DOES A LAWYER GET TO DITCH A CLIENT

Mel Gibson's recent diatribes -- lending credence to the widely held view that he's a racist and abuser of women -- provoke an old but interesting debate about lawyers' duties to clients and when a lawyer can "fire" a client. Last week, Matthew Belloni of The Hollywood Reporter wrote a post on his THR, Esq blog about Gibson's lawyer, Tom Hansen, staying "loyal" to Gibson -- unlike Gibson's agents who dumped him.

THR's post was about deal lawyers. One lawyer, quoted (anonymously), says that he/she "couldn't represent someone who I didn't personally believe in" and that "a lawyer should be judged by who he chooses to get into business with -- and who he stays in business with." Interesting.

After the jump, why I disagree with this sentiment.