Cease and Desist, but nicely.


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In this Episode:

  • J. Geils Band Trademark Dispute
  • Two Three’s Companys is a crowd
  • Copyright Royalty Board unconsitutional
  • Jack Daniels sends the sweetest cease and desist ever
  • and more…

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Show Notes

Stories in this episode of Entertainment Law Update refer to the following links.

50/50 Trademark Dispute

THREsq: http://www.hollywoodreporter.com/thr-esq/lionsgate-50-50-trademark-lawsuit-352663

Hayden Christiansen “Royal Pains” Lawsuit

THREsq: http://www.lexology.com/library/detail.aspx?g=afef745f-468e-4124-a2fe-5407e5609e97

Decision: http://www.medialawbytesandpieces.com/files/2012/07/Forest-Park.pdf

Don Johnson’s $50M Nash Bridges Award At Risk

THREsq: http://www.hollywoodreporter.com/thr-esq/don-johnson-nash-bridges-lawsuit-355469

ABC v. Aereo, Inc.

Lexology: http://www.lexology.com/library/detail.aspx?g=65dd0e09-9f2b-4559-904d-ddb84df6b986

Already, LLC dba Yums v. Nike, Inc.
Lexology: http://www.lexology.com/library/detail.aspx?g=9cb9d576-c966-4ae2-806a-d9cd21f66c5d&goback=%2Egde_2297323_member_138406192
Docket Link: http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/11-982.htm

J. Geils Band Trademark Dispute
IP and Entertainment Law: http://ipandentertainmentlaw.wordpress.com/2012/08/01/j-geils-sues-j-geils-band-for-trademark-infringement/

Theater Community Strikes Back at ‘Three’s Company’ Legal Dispute
THREsq: http://www.hollywoodreporter.com/news/3c-david-admi-threes-company-sondheim-kushner-351251
IVN: http://ivn.us/2012/07/28/lawyers-crush-off-broadway-play-broadway-claims-fair-use/
Playbill.com: http://www.playbill.com/news/article/168181-3C-Playwright-David-Adjmi-Comes-Under-Fire-From-Threes-Company-Lawyers

Facebook Right of Publicity Class Action Lawsuit
Lexology: http://www.lexology.com/library/detail.aspx?g=09389a86-5b17-46d3-adab-c592170b078a

Gay Couple’s Photo Used In Political Ad
Denver Post: http://blogs.denverpost.com/thespot/2012/06/27/gay-couples-engagement-picture-attack-ads-colorado-statehouse-races/75130/

Copyright Royalty Board

Billboard: http://www.billboard.biz/bbbiz/industry/legal-and-management/u-s-appeals-court-rules-copyright-royalty-1007516552.story
Lexology: http://www.lexology.com/library/detail.aspx?g=96e39d2f-5db4-43c1-b0c9-7ac27c0215b5

– Appointments Clause – Article II, Section II

[The President] shall nominate, and, by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers ofthe United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may byLaw vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

Canadian Fair Use Supreme Court Cases
Ars Technica: http://arstechnica.com/tech-policy/2012/07/canadian-supreme-court-embraces-fair-use-in-landmark-decisions/

Jack Daniels Cease and Desist
Huffington Post: http://www.huffingtonpost.com/2012/07/23/jack-daniels-book-cover_n_1696453.html
THREsq: http://www.hollywoodreporter.com/thr-esq/marty-singer-cease-and-desist-letter-350612

Woman Sues Justin Bieber Over Noise Level At Concert

TMZ: http://www.tmz.com/2012/07/12/justin-bieber-lawsuit-hearing-noise-concert-oregon/The Complaint via TMZ: http://tmz.vo.llnwd.net/o28/newsdesk/tmz_documents/0712_bieber.pdf


7 Replies to “Cease and Desist, but nicely.”

  1. Michael Spratt

    For many years the six members of the J. Geils Band traded on the name “J. Geils Band”, and also “Geils”, and “J. Geils”. Apart from being known as “J. Geils Band” people would often say “Geils” are coming to town. Covers of rock magazines would often say “J. Geils”. Therefore, all of these terms came to mean the J. Geils Band for which members of the record/concert buying public had an association with; and this association is still current. I guess John Geils’ view is after all these years he would like to go out and promote his CDs and performances using “J. Geils”, but it seems Peter Wolf (singer) and and Seth Justman(keyboardist), the songwriters for the band won’t allow it. I guess “J.” might be thinking he was listed on the credits of all those J. Geils Band albums as “Guitar – J. Geils” so isn’t that his performing name too? Setting aside all the legal documents that have been filed and the public statements that have been made, this may be the logic behind the two opposing points of view. There is a lot in a name from a commercial and artistic perspective. Unfortunately, we have a messy legal case between guys that should be great friends.

  2. Chris Belsky

    Gordon and Crew,

    I recently discovered your podcast. I have been listening to several of the recently archived episodes and I’ve really been enjoying them. Keep up the good work. However, it seems that the link that you provide to register for CLE credit no longer exists. Can you please look into this and update the ability to receive credit?


  3. Gordon Firemark

    Thanks for your note Chris,

    We’re no longer offering CLE credit. There just wasn’t enough interest from listeners to justify the expense and administrative burden. If enough listeners let us know, we’ll consider reinstating the program



  4. Anthony

    I liked this episode quite a lot.I haven’t read the books so I’ve got some isuses with catching up with all the family relations and whatnots and I do agree with the other comments that it is moving super quick it seems like they are preparing to be not renewed for enough seasons to say all they want to say and are trying to fit in as much as possible.The Dothraki storyline seems a bit more boring to me for the time being, but as I haven’t read the books I can’t really say if it’s an accurate depiction or not of their world. I sooo wanna know what the deal is with those dragon eggs I’m just waiting for the moment a baby dragon comes out of it and eats the lunatic brother’s head Thanks for the review. Great to follow you as always!Cheers

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