Popsquire

Tokyo Broadcasting system hopes to wipe out ABC!

The Japanese broadcaster has filed a copyright infringement lawsuit in a Los Angeles federal court over ABC’s hit show, Wipeout. Specifically, TBS claims that Wipeout took elements from three of its programs: Takeshi’s Castle, Sasuke and Kuniochi.

ABC has not issued a responsive statement yet.

Technorati Tags: abc, copyright infringement, entertainment litigation, pop culture law, tokyo broadcasting system, wipeout

Paying bills is not one of Oprah’s mom’s favorite things…

Popsquire reported a few weeks ago that Valentina, a Milwaukee clothing boutique, is suing Oprah’s mom, Vernita Lee, for allegedly failing to pay her tab worth more than $155,000.  Recently, the parties attended mediation to settle the dispute, but they were unable to resolve the case, according to the Milwaukee Journal Sentinel.

Now, Vernita has filed a counterclaim, arguing that the boutique never should have extended credit to her.  The parties allegedly resolved a 2002 case over a $175,000 bill, and the court ordered the store not to provide Vernita with any more credit.  Vernita claims the company extended her credit anyway, taking advantage of her “lack of knowledge, ability, and-or capacity” when creating her credit account.”

Technorati Tags: celebrities and law, mediation, oprah's mom sues boutique, pop culture and law, settlement, tab, valentina boutique, valentina inc., vernita lee sues valentina

One day Lifetime was in, and now the network is out!

On Friday, New York Supreme Court Judge Richard Lowe ordered a preliminary injunction against The Weinstein Co., preventing it from moving Project Runway from Bravo to Lifetime. NBC Universal, which owns Bravo, released this statement following the decision:

“NBC Universal is pleased that the court granted our motion for a preliminary injunction against The Weinstein Company. The overwhelming evidence demonstrated that The Weinstein Company violated NBC Universal’s right of first refusal to future cycles of Project Runway. After hearing all of the evidence, the court issued an order prohibiting The Weinstein Company from taking the show or any spin-off to Lifetime.”

The Weinsteins intend to appeal.  Duh!  The company reportedly inked a $150 million deal with Lifetime to transfer the show away from Bravo.  Some lawyer’s head definitely will be rolling at Lifetime and/or the Weinstein Company if the courts continue to block this deal!

Technorati Tags: bravo, breach of contract, lifetime, nbc universal, pop culture law, preliminary injunction, project runway, weinstein company

Kathy Griffin is not laughing!

In a lawsuit filed in LA Superior Court, the Emmy-winning self-proclaimed D-lister is suing the owners of the website, KathyGriffin.com.  The website is registered to “Trafficz.com,” composed entirely of commercial content, and operated through a portal that generates revenue through click-through advertisements.

In short, Kathy says that the operators of the website are not authorized to use her name and celebrity to make money!  She seeks at least $100,000 in statutory damages under the Anti-cybersquatting Act, a well as damages for misappropriation of the right of publicity.

Technorati Tags: anti-cybersquatting act, kathy griffin, kathygriffin.com, kathygriffin.net, lawsuit, pop culture law, right of publicity

Dan would Rather sue Viacom and CBS, but the court says no!

Yesterday, a New York City judge dismissed Viacom from Dan Rather’s $70 million lawsuit, while permitting the case to proceed against CBS on a limited basis.  Specifically, the judge dismissed the fraud claim against CBS, while permitting Rather to proceed against the network for allegedly breaching its contract and fiduciary duty when it fired him.

Popsquire’s perspective…

Although the judge did not dismiss the entire case, this represents a decent victory for CBS.  A fraud claim potentially provides punitive damages, while a breach of contract claim typically does not.  The likely provides CBS much more leverage in any settlement negotiation with Rather.

Technorati Tags: breach of contract, breach of fiduciary duty, cbs, dan rather, fraud, pop culture law, viacom

Rihanna isn’t the only one singing about Disturbia!

The estate of the man who owned the rights to Alfred Hitchcock’s 1954 “Rear Window” is suing Steven Spielberg and Dreamworks, claiming that their 2007 Shia LaBeouf star vehicle, “Disturbia,” copied the classic and the short story upon which the original film based.  The lawsuit claims “Disturbia” and “Rear Window” stories are “essentially the same” and seeks a chunk of Disturbia’s $80 million box office proceeds.

Popsquire’s perspective…

In a copyright case, the basic (and vague) legal question is whether the two works are “substantially similar.”  Here, both films are about a peeping tom who spies on his neighbor.  The Shia LaBeouf version is about a troubled teenager on house arrest who spies on his neighbor, while the original is about a wheelchair bound photographer who spies on his neighbors from his apartment window.  In both versions, the main characters become convinced that the neighbor commits murder.

Have you seen both?  What do you think?  Sadly, Popsquire hasn’t seen the Hitchcock version…

Technorati Tags: alfred hitchcock, disturbia, dreamworks, murder, pop culture law, shia labeouf, steven spielberg, substantially similary copyright

Borat should be thanking his lawyers!

A New York federal court has dismissed a lawsuit filed against Twentieth Century Fox and Sacha Baron Cohen for putting various individuals in the successful film, “Borat - Cultural Learnings of America for Make Benefit Glorious Nation of Kazakhstan.”

The plaintiffs claimed that they were duped into believing they were taking part of a “documentary-style” film and, instead, became the butts of many Borat jokes. The court dismissed their claims because each of the plaintiffs had signed an “explicit waiver” with “unambiguous” language and, thus, the waiver agreements were enforceable. Click here to read the court’s decision.

In short, Borat had some good lawyers!  Courts consistently uphold well-crafted, clear waivers in the film and television world.  So, be careful what you sign…

Technorati Tags: borat, breach of contract, fraud inducement, pop culture law, release, sascha baren cohen, twentieth century fox, use of image, waiver

Heart has no love for Sarah Palin!

The rock group is asking the McCain/Palin campaign to stop using their music. The campaign used the group’s hit, “Barracuda,” as the official rallying cry for the VP candidate following her nomination acceptance speech at the Republican National Convention on Wednesday. The duo issued this statement to EW:

“Sarah Palin’s views and values in NO WAY represent us as American women. We ask that our song ‘Barracuda’ no longer be used to promote her image. The song ‘Barracuda’ was written in the late 70s as a scathing rant against the soulless, corporate nature of the music business, particularly for women. (The ‘barracuda’ represented the business.) While Heart did not and would not authorize the use of their song at the RNC, there’s irony in Republican strategists’ choice to make use of it there.”

Popsquire’s perspective…

Although songs generally can be played at various conventions and venues for entertainment without permission, the tune changes when TV is involved. Authorization and additional fees typically apply when a recording (i.e., movie, television) are involved. The McCain camp should know better, especially because Jackson Browne already is suing for unauthorized use of his hit, “Running On Empty.”

Technorati Tags: ann wilson, ascap, barracuda, copyright infringement, heart, jackson browne, john mccain, nancy wilson, pop culture law, sarah palin

Oprah’s mom may not be paying for her favorite things!

Oprah Winfrey’s mother, Vernita Lee, is being sued by a high-end Wisconsin fashion boutique for allegedly failing to pay for more than $150,000 in purchases. According to the store, she has been racking up the bill since 2004 and was required to make minimum monthly payments in the amount of $2,000.

Vernita is expected to respond to the lawsuit by September 19.

Technorati Tags: debt, lawsuit, open account, oprah winfrey, pop culture law, valentina inc., vernita lee

Extras are Cruising toward a settlement!

Because you are obsessed with Popsquire, you remember that 12 extras are demanding $11 million from Tom Cruise and his production company for physical injuries they allegedly suffered during the filming of Valkyrie last year in Germany.

The head of the German studio that was co-producing the film now confirms that the studio’s legal department has made a settlement offer and are awaiting a response from the extras’ attorney. The studio head also added: “You have a different system in Germany. If you lose an arm, it’s not worth a million dollars.”

Popsquire’s perspective…

Settlement negotiations can be tricky. If you want to settle a case, you have to convey a desire to compromise, while simultaneously demonstrating the willingness to litigate if the appropriate agreement cannot be reached. In short, this explains the German studio’s offer of settlement coupled with a statement about how little money an arm is worth.

Technorati Tags: extra, litigation, pop culture law, settlement, tom cruise, valkyrie

Extras may have been injured while Cruisin’!

Twelve movie extras are demanding $11 million in damages from Tom Cruise and his production company after allegedly suffering broken bones, cuts and bruises in the filming of World War Two picture “Valkyrie” in Berlin last year.  The extras allegedly were injured in August 2007, when the side panel of a period German army truck burst open while turning a corner in central Berlin.

The attorney for the extras, Ariane Bluttner, says she will file a suit in the U.S. if her clients do not receive a satisfactory settlement and claims that a U.S. judge could order punitive damages for negligence if the case went to court.

Popsquire’s perspective…

The extras’ attorney may be playing this wrong.  The most effective weapon against a high profile person often is the threat of bad publicity.  Once an attorney tells the public about a lawsuit, the leverage is gone and the celebrity is forced to fight back.

Moreover, claims for workplace injuries generally are covered by Workers’ Compensation laws and, therefore, damages are limited.  Indeed, threats about punitive damages in this case may have no sound basis in the law!

Stick around while Popsquire peeps around for more information…

Technorati Tags: ariane blutner, berlin, extras, negligence, pop culture law, punitive damages, tom cruise, valkyrie, workers compensation laws

Kate Hudson is facing a hairy lawsuit!

In this complaint filled with 17 causes of action, Los Angeles-based 220 Laboratories claims that Kate and her hairstylist stole its secret ingredient list to manufacture and distribute a line of eco-friendly hair care products recently featured on the Home Shopping Network. In an effort to wash this suit right out of her hair, Kate’s reps released this statement to E! News:

“Kate and her attorneys are only just learning of the complaint, as Kate has not yet been served…Kate does not know the plaintiffs and has never met with them or spoken with them. Her representatives believe that the claims are baseless and without merit and intend to vigorously defend the lawsuit.”

Popsquire’s perspective…

Based on the allegations in the complaint, the plaintiffs may have agreed to conduct business and provide “confidential” ingredients without a written agreement in place. Although oral contracts can be enforced, it’s not a good idea when so-called trade secrets are involved. If you maintain that something is a trade secret, keep it a secret and don’t let anyone know the secret without an iron-clad, written confidentiality agreement!

As the parties straighten this out, Popsquire will keep you posted. Stick around!

Technorati Tags: 220 laboratories, babaii, breach of oral contract, david babaii, eco friendly hair care, kate hudson, pop culture law, trade secrets

Popsquire presents yet another loud collision between pop culture and law…

A Los Angeles court ruling ruling today could affect the highly anticipated 2009 release of Watchmen! Earlier this year, Fox filed a lawsuit against Warner Bros. to stop Watchmen’s release, claiming that it — not Warner Bros. — held the distribution rights to any movie made from the original graphic novel. Today, a Los Angeles judge denied a Warner Bros. motion to dismiss the lawsuit.

Next steps for the parties likely will be the discovery process in which they exchange information and depose witnesses. And, for Popsquire followers, the next steps include a snarky, cynical chuckle. According to Variety, Fox’s legal team says it isn’t looking for monetary compensation and, instead, only wants to prevent the film from being released.

Uh-huh.

Technorati Tags: 20th century fox, breach of contract, copyright infringement, fox, larry gordon, pop culture law, quitclaim, warner bros., watchmen

Sprinkles is red velvet angry!

A Hollywood staple, Sprinkles Cupcakes, is suing competitor Famous Cupcakes for trademark infringement in a federal lawsuit filed Thursday in Los Angeles. Sprinkles claims that Famous is incorporating Sprinkles’ “nested circle design” on packaging, store decor, and “each and every page” of its website. Sprinkles also contends that Famous has not responded to repeated requests to “promptly stop using its trademarked design.”

Popsquire’s perspective…

Trademark infringement generally is based on whether there is a likelihood of confusion that consumers will believe the products originated from the trademark owner. Popsquire has examined the Famous website, however, and is not confused. Although Famous offers various designs for the tops of the cupcakes, including baby feet and animals, there don’t appear to be any “nested circle designs” on “each and every page of the website.”

Of course, if both companies want to send over a few dozen cupcakes, Popsquire will examine the evidence in more detail!

Technorati Tags: baking, famous cupcakes, Food, pastries, pop culture law, red velvet, sprinkles cupcakes, trademark infringement

Vanessa Hudgens is being sued for upwards of $5 million!

Johnny Viera dba Johnny On The Spot Productions claims she breached: (1) a May 2005 agreement, allegedly approved by the LA Superior Court, to launch her career and split her earnings 50/50; and (2) a May 2006 settlement agreement – entered after terminating Viera’s services — by failing to pay him under the terms of the settlement.  The claims set forth in the complaint include breach of contract, breach of fiduciary duty, fraud, and defamation, among others.  In short, Johnny wants to be paid On The Spot!

Popsquire’s perspective…

In May 2005, Vanessa was still a minor, i.e., younger than 18.  It generally is advisable to seek approval of entertainment industry contracts from the California courts when dealing with minors.  Here, the plaintiff claims he did so and was approved.  Management contracts, however, typically call for 10-15% of an artist’s earnings, not 50%.  As a result, Popsquire worries that the court was asleep when/if it approved such an arrangement involving Vanessa!

To all artists out there, Popsquire dedicates the Maroon 5 song, “Wake Up Call.”  It is of utmost importance to seek good legal advice before entering into any contractual or financial arrangement that affects your career.  A lawyer rarely would condone a 50/50 split…

Technorati Tags: breach of contract, contracts with minors, defamation, fraud, johnny on the spot productions, johnny viera, management contract, minor, pop culture law, talent management, vanessa hudgens