Beauty queens and footlong sandwiches


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In this Episode:

  • Follow Ups
  • Gaga / Madonna
  • Tolkien estate vs. Book Author
  • Subway Footlong trademark claims
  • King’s Speech/No Animals Harmed
  • Superbowl Class Action
  • Medical Justice and DMCA for review sites
  • Miss San Antonio de-throned, files suit
  • and more…

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Show Notes

Hendrix / Right of Publicity update – WA law is unconstitutional

When It Comes to the Right of Publicity, Yes, Doubt :: Entertainment Law Blog

Washington State publicity law doesn’t law doesn’t extend to celebrities who die elsewhere – Lexology

Appeals Court Showdown Over Future of Celebrity Images – THR, Esq.
Jimi Hendrix – Dead Celebrity Rights of Publicity Not Resurrected By Washington State Law

Entertainment Law Resources Blog:


Sheppard Fairey settled, but the case goes on.

Copyrights & Campaigns: Court: Merchandising of Shepard Fairey ‘Obama Hope’ image not fair use; factual issues remain on substantial similarity
Anonymous Plaintiffs get to stay that way.
11th Circuit: 2 girls in ‘Wild’ video to remain anonymous
http://www.firstamendmentcenter.org/news.aspx?id=23847

Hurt Locker Producers fight back

Hurt Locker’ Producers Shoot Back at Iraq War Veteran’s Lawsuit – THR, Esq.

Righthaven Appealing Fair-Use Ruling in Copyright Infringement Case

Righthaven – Media Bloggers Association files amicus brief

Righthaven appealing fair-use ruling in copyright infringement case

http://www.lasvegassun.com/news/2011/feb/16/matt-drudge-settles-righthave-copyright-lawsuit-ou/
http://www.lasvegassun.com/news/2011/feb/15/righthaven-appealing-fair-use-ruling-copyright-cas/


Cases and Controversies

Gaga “Born this Way” and Madonna “Express Yourself” Infringement, Permission?
http://www.hollywoodreporter.com/news/lady-gagas-born-way-is-99037
http://www.tmz.com/2011/02/12/madonna-lady-gaga-express-yourself-born-this-way/
http://www.hollywoodreporter.com/news/lady-gaga-madonna-approves-born-99711
http://www.eonline.com/uberblog/marc_malkin/b226590_lady_gaga_did_madonna_really_eggspress.html
http://www.tmz.com/2011/02/12/madonna-lady-gaga-express-yourself-born-this-way/
You can listen to the YouTube Mashup Here
http://www.youtube.com/watch?v=AUDSX9vyG20&NR=1
Lady Gaga’s “Born This Way” a Rip-Off of Madonna’s “Express …
CNN: Did Gaga copy Madonna ?
Pop sensation Lady Gaga latest album is about to “drop” and some say her newest single “Born with Way” bears a striking auditory resemblance to Madonna’s 80s hit “Express Yourself.” Although Lady Gaga’s has been accused of stealing from the Madonna’s style playbook

Tolkien Estate objects to book with Tolkien as a character.

JRR Tolkien Estate Threatens Lawsuit Over Book Featuring Tolkien As Character (Exclusive) – THR, Esq.

Texas Right of Publicity Statute — Texas Property Code Chapter 26

The estate of J.R.R. Tolkien is attempting to prevent an author from publishing a book in which the  “Lord of the Rings” and “Hobbit” author is a character.
Can Subway register “footlong” as a trademark?

Footlong trademark thing

http://www.duetsblog.com/uploads/file/FootlongSubComplaint.pdf

http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=77752328

The corporation that owns  sandwich chain Subway sent Casey’s General Store, Inc., a cease-and-desist letter to stop using the word “footlong” in connection with “footlong submarine sandwich,” claiming the word is trademarked. Casey’s General Store filed a declaratory judgement action in Iowa federal court seeking a ruling that the word “footlong” is a generic word and not unique to Subway.


‘The King’s Speech’ Threatened With Legal Action Over ‘No Animals Harmed’ Claim (Updated) – THR, Esq.
The American Humane Association threatened the Weinstein Co. with legal action over the use of the phrase “no animals were harmed” contained in the credits of 2011 Best Picture winner “The King’s Speech.”

NFL’s Attempt to Settle with Angry Fans
http://online.wsj.com/article/SB10001424052748704858404576134183227741352.html
http://www.dallasnews.com/sports/super-bowl/local/20110215-nfl-improves-offer-to-super-bowl-ticket-holders-without-seats.ece
http://www.slate.com/id/2284672/
awsuit filed in Federal Court for the Northern District of Texas

A class-action suit has been filed by ticket-holders denied seating at the 2011 Super Bowl game.

Is copyright law being misused to limit patients’ reviews of doctors and dentists?
http://www.ericgoldman.org/Speeches/houstonmedicaljustice.pdf

Professor Eric Goldman  (Santa Clara University) in a recent speech, raised some real questions about the recent approach of an outfit called “Medical Justice”, which helps doctors and dentists manage their legal liability, and now to control negative consumer reviews.

Does this violate Medical Ethics? (putting Doctor’s financial interests ahead of patient interests)
What’s next?  Should lawyers follow suit in our fee agreements?
Restaurants?
What about Broadway’s recent issue with reviewers ignoring protocol and reviewing Spiderman while it’s still in Previews?  Could we make preview tickets subject to such a clause?

Miss San Antonio Beauty Queen Dispute
Lorena Briseno, as next of friend of Domonique Ramirez v. The Miss Bexar County Organization Inc., 288th District Court, Bexar County, Texas.
http://texaslawyer.typepad.com/texas_lawyer_blog/2011/02/hearing-set-for-wednesday-in-beauty-queen-battle.html
http://docs.google.com/viewer?a=v&q=cache:VG1APbknSRMJ:pdfserver.amlaw.com/tx/ramirez_petition.pdf+Lorena+Briseno,+as+next+of+friend+of+Domonique+Ramirez+v.+The+Miss+Bexar+County+Organization+Inc.&hl=en&gl=us&pid=bl&srcid=ADGEESjDGUpdznBJjzajCWMyQr4G2Jz2VTpEBWy6lclkF39MSpdQ69xj4bmy85z8-CzYhErEsMzctgctsLX8274vapIX5zdwAjiJDDmfBqAQNldfo9Pixt_CcatihJcY6rJbTWIjZnL-&sig=AHIEtbQsLQQGk2NDTQYCG662Qwuolms0uA

Local news clip, Ramirez is interviewed after losing the crown in the February 16th hearing.
http://www.americanconsumernews.com/2011/02/former-miss-san-antonio-still-fighting-for-her-crown.html
What ever happened to the Statute of Limitations?

CBS Sued Over 63-Year-Old Song Used in ‘Family Ties’ – THR, Esq.

This case involves the unauthorized use of a song for a TV show from March 28, 1985. The show was “Family Ties,” and the particular episode in question used the song “We’re the Men of Texaco,” the theme song to Milton Berle’s 1940s variety show “Texaco Star Theatre.”

Maid Sues Best Selling Author  of “The Help”
Black Maid Sues, Says ‘The Help’ is Humiliating
Best-Selling Author of ‘The Help’ Is Sued by Family Maid re …
http://news.findlaw.com/ap_stories/e/1404/02-17-2011/20110217102001_23.html

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