“IN THE KNOW”
This week’s Weekly Recap
on interesting legal news in the entertainment industry.
BOSTON FORMER GUITARIST NOT ENTITLED TO ATTORNEY FEES
Former guitarist for the band Boston is not entitled to attorneys’ fees even after a jury found he did not violate the trademarks belonging to the group “Boston.” Tom Scholz, the architect behind Boston, argued Barry Goudreau-who left the group in 1983- “hurt” the Boston trademarks that Scholz owns by referring to himself as “formal original” member of Boston, rather than “formerly of Boston.” That position was not adopted by the jury. Goudreau sought around $840,000 in attorney’s fees after the jury ruled in his favor but the judge ruled, “the case was not exceptional enough to merit fees.”
PROFESSORS URGE 2ND CIRCUIT TO OVERTURN DISTRICT COURT COPYRIGHT RULING
Last week dozens of copyright professors urged the 2nd Circuit to overturn a district court decision that awarded a $3.5 million judgment against music sharing service ReDigi for infringing Capitol Records’ copyrights. In March 2013, a U.S. District Court ruled that ReDigi’s cloud-based service, which allows users to “resell” their old iTunes songs, actually created a new digital copy of the songs. The professors stated, “the Copyright Act’s first sale doctrine — which allows consumers to resell legally purchased used works without permission from a copyright holder — embraces not only property dispositions such as resale or donation but also limited acts of alteration and reproduction that are necessary to facilitate disposition.” They further added, “if this decision is allowed to stand, the opinion will undermine copyright law’s careful balance between the rights of copyright holders and consumers, leading to unanticipated and absurd results contrary to settled law and reasonable consumer expectations.”
FORMER PLAYBOY MODEL SUES SEX-PILL COMPANY OVER FAKE PROMO
Former Playboy bunny Holly Madison has filed a lawsuit against Erection-pill Company Edgeline performance and 5310 Holdings, LLC. She alleges defendants circulated a fake promotional article summarizing comments she never made. “The article summarizes alleged comments by Plaintiff. Specifically, the article states that Plaintiff claimed that Hugh Hefner regularly took Blackcore Edge to cure his erectile dysfunction and that when Hefner took a pill, 15 minutes later his blood would start pumping. He got stronger, bigger and lasted as long as an 18-year-old,” the lawsuit reads. Madison claims every statement and comment allegedly attributed to her in the article is false. She is suing for violation of her common law right of publicity, the use of her name, and for the use of her image and likeness without her permission. She also alleges false association, saying the article was likely to cause confusion or deceive the general public, as well as unjust enrichment, false advertising and unfair competition.