Popsquire

In a recent interview, Chris Ciccone reveals that lawyers didn’t think it was “wise” to include this story about Demi Moore in his Madonna tell-all:

Yeah — and she’s (Demi) dancing up on me and humping me from behind. The one part that’s not in the book is that she was lactating at the time and she was squirting breast milk at my lesbian friends. My friend Michelle called me the next morning and asked me, “How do I get breast milk out of my black dress?” and I said “How the fuck would I know? Call Demi.” It was hysterical. There are no pictures of it but it actually happened. The lawyers didn’t think it was wise for me to print that — so there’s your juicy tidbit.

Listen to your lawyers, Chris!  This kind of story easily could invite a claim for invasion of privacy.  While we await legal action, enjoy this Kelis hit, “Milkshake.”

Technorati Tags: breast milk, chris ciccone, demi moore, invasion of privacy, lactate, lactation, madge, madonna, madonna tell-all book, out magazine interview, pop culture law, Privacy

Sienna Miller is suing to two British newspapers and a photo agency for publishing semi-nude pics of her hanging with married actor, Balthazar Getty. In London’s High Court, Sienna seeks recourse for invasion of privacy, according to People. Since the photos emerged, Balthazar has announced that his marriage is ending. Um, duh!

For some reason, Popsquire just can’t stop singing Justin Timberlake’s “What Comes Around…”

Technorati Tags: balthazar getty, invasion of privacy, lawsuit, london's high court, pop culture law, semi-nude pictures, sienna miller, the sun

Rapper 50 Cent smells something rotten at Taco Bell!

He’s suing the chalupa chain for trademark infringement and misappropriation of his right to publicity, among other claims. Click here to read the lawsuit, but here’s enough information to get you through any dinner conversation. 50 alleges:

1. Taco Bell drafted a “faux” letter purportedly addressed to 50, asking him to change his name for one day from “50 Cent” to “79 Cent,” “89 Cent,” or “99 Cent” in order to publicize the fast food chain’s value menu.
2. The letter went out to the national press, instead of to the rapper. The media then ran the letter, providing millions of dollars in free publicity without licensing the rapper’s trademarked name.
3. Taco Bell knew it may have had to pay 50 a multi-million dollar fee to get his endorsement. Instead, Taco Bell “chose to steal his endorsement and to enjoy all the publicity of being associated with a mega-star while bearing none of the costs.”

Popsquire’s perspective…

A smart celebrity keeps an eye out for unauthorized uses of his name and/or likeness. Although magazines generally don’t have to pay celebs to run pictures of them associated with news, advertising triggers a whole other set of rules. To use a celeb’s picture to endorse a product without permission (and without a fee) can be considered a trademark infringement and a misappropriation of the celebrity’s name and likeness.

Popsquire gives Taco Bell credit for attempting to find a clever way around asking 50 for an endorsement deal, but the strategy may ultimately backfire…kinda like the results of some of its menu items!

Technorati Tags: 50 cent, curtis jackson, in da club, lawsuit, pop culture law, rap music, taco bell, trademark infringement

A federal court judge in Los Angeles is allowing TMZ to re-post snippets of Mini Me’s sex tape, after the court previously ordered the footage to be taken down.

This decision comes after the woman in the sex tape told the court: (1) the video was created with her camera; and (2) she gave TMZ permission to broadcast snippets of the tape.

The judge still barred TMZ’s co-defendant, Kevin Blatt, who previously distributed “One Night in Paris,” from distributing or taking orders for the 50-minute sex tape.

Technorati Tags: copyright infringement, invasion of privacy, kevin blatt, lawsuit, mini me, one night in paris, sex tape, verne troyer

Verne Troyer (aka “Mini-Me”) is suing TMZ for $20 million, alleging: (1) copyright infringement; (2) violation of privacy; (3) trademark infringement; (4) violation of right to publicity; and (5) misappropriation of name and likeness.

In short, Verne claims that TMZ violated his rights by publishing and airing portions of his sex tape.  Verne claims the tape was stolen and ended up in the hands of Kevin Blatt, who previously distributed “One Night in Paris” and now is a co-defendant alongside TMZ.  Click here to read the complaint.

Popsquire’s perspective…

Although sex tapes pop up frequently in Hollywood and don’t result in litigation, a stolen sex tape can present serious legal problems.  If the tape is not yours, then it may be stolen.  If it is stolen, then you don’t own the copyright and cannot expect to publish it without possible ramifications.

However, if you publish a newsworthy snippet, as did TMZ, then the “fair use” doctrine may provide a decent defense to some of the claims.

Although Popsquire is siding with TMZ on this one, you won’t find a link to the sex tape on this blog.  It’s just not Popsquire’s thing!  Is it yours?

Technorati Tags: celebrity, copyright, fair use, mini me, sex tape, tmz, verne troyer

Hush little store/don’t say a word/cuz Tom is gonna send you some legal words!

Attorneys for Tom Cruise and Katie Holmes recently sent this letter to Petit Tresor, a luxury baby boutique, instructing the retailer to shut up about how much the couple may have spent on Suri. According to the letter, disclosures that the couple have spent between $350,000 and $400,000 at the store in the past two years are false and invade their privacy rights.

Popsquire’s perspective…

While a retailer certainly can be held liable for disclosing false information about consumers’ spending habits for marketing purposes, TomKat’s assertion that the store has violated the couple’s right to privacy may not be so clear cut.

The California Financial Information Privacy Act (FIPA), which provides numerous privacy protections to California consumers, generally applies to “financial institutions” and not small retailers who don’t issue credit cards. Therefore, although it certainly may constitute bad business and poor public relations, Tresor may not have run afoul of the law in every way that Tom’s legal team claims.

Like a good lawyer, Popsquire always sees many sides to a story. Stick around!

Technorati Tags: baby, cease and desist, katie holmes, law, life & style, luxury, petit tresor, pop culture, retail, suri cruise, tom cruise

Lawanda Jackson, a UCLA Medical Center administrative specialist, has been indicted in federal court for “wrongfully obtaining of individually identifiable health information for commercial advantage.”

Translation: This lady allegedly was selling celebrity medical information to an undisclosed “media outlet” for a total of $4,600.

Refresher: UCLA employees previously were disciplined and/or fired for divulging private medical information about Britney Spears and Farrah Fawcett.

Question: Is Popsquire the only one who thinks this lady deserves to go to jail both for selling info and for selling out so cheaply?!?

In honor of Lawanda, let’s sing along to Lionel Richie’s hit, “Penny Lover.” Sing!

Technorati Tags: indictment, lawanda jackson, medical information, ucla

Although appearing in the infamous 2006 Heath Ledger drug video, a woman has filed a lawsuit as “Jane Doe” against the men who filmed and distributed the footage to Entertainment Tonight. While you can read the entire lawsuit for fraud and invasion of privacy here, it can be summed up at paragraph 25 of the complaint as follows:

In short, employees of Splash drugged Mr. Ledger, a known drug user, and then videotaped him without his consent for the purpose of damaging his reputation and to make money. Plaintiff was also victimized and duped by Defendants so that Defendants could create a story by getting this actor to take drugs and then secretly film him and exploit his illness.

Popsquire’s perspective…

Jane Doe’s attorneys clearly wish to paint her as the victim in a plot to exploit Heath Ledger, but Popsquire sees it differently. By seeking to recover “ill-gotten gains,” Jane Doe really is looking to share in any profits from the video.

If she really was opposed to supplying Ledger with drugs or filming his use, then she could have stepped in at the time and stopped the activities back in 2006. However, she did nothing!

Unless Jane Doe intends to donate any money she gains to charity or a drug rehabilitation center, Popsquire cannot get behind her on this one. She’s nothing but a Karma Chameleon!

Technorati Tags: cocaine, darren banks, entertainment, eric munn, gary morgan, heath ledger, jane doe, kevin smith, pop culture law, splash, tonight, video tape

Check out the Pop’s Hollywood 411 appearance from yesterday! Popsquire and Rob Lowe are all the rage.

Technorati Tags: breach, chef, confidentiality, defamation, hollywood 411, law, lawsuit, nanny, pop culture, popsquire, rob lowe, sheryl lowe, tv guide

Now that you’ve caught up with all three lawsuits filed by Rob Lowe this week, you must be dying to know what happens next.  Unfortunately, not much is likely to happen immediately, but here’s a quick run down of the general stages of litigation that may play out, depending on how far the cases proceed.

(1) Pleadings: The complaint is filed and served. The defendant generally has at least 30 days to respond either by denying the allegations or moving to dismiss the case.

(2) Discovery: This is where all parties exchange documents, take depositions, and learn as much information as they can about the other’s position. The discovery phase often represents at least 80% of any litigation.

(3) Trial: If the case is not settled or dismissed during the discovery stage, it goes to trial.

Believe it or not, a typical entertainment litigation from pleadings through trial can cost a party more than $300,000 in legal fees!

Technorati Tags: confidentiality agreement, defamation, jessica gibson, laura boyce, law, peter clements, pop culture, rob lowe, sheryl lowe

Rob Lowe kept Popsquire quite busy yesterday. Suing three of his former employees, Rob has placed celeb confidentiality agreements at the center of pop culture/law collision. To quench your desire for more information, Popsquire dug up this lengthy and interesting article about celebrity confidentiality agreements.

While you sit down to read, enjoy this Black Eyed Peas hit!

Technorati Tags: celebrity, chef, confidentiality agreement, law, nanny, pop culture, Privacy, rob lowe, sheryl lowe

Oprah’s Montecito neighbor, Rob Lowe, is keeping Popsquire busy today!

In addition to the lawsuit against former nanny, Laura Boyce, Rob and his wife also are suing (1) another former nanny (Jessica Gibson) as well as (2) a former chef (Peter Clements). According to Rob, these former employees allegedly revealed “confidential” information about the Lowe family and spread nasty rumors.

The nanny…

Rob claims she “made false statements to others to suggest that she had a personal and inappropriate relationship with [him] and, on at least one occasion, bragged about giving [him] massages during one of the family trips.” In addition, Rob claims that Gibson told others repeatedly that she was “romantically interested in [him] and stated she wished he would divorce Sheryl Lowe.” Click here to read the complaint yourself.

Popsquire’s perspective…

Telling someone that you are romantically interested in Rob Lowe does not constitute defamation. Think about it — that would make millions of people liable for defamation! On the other hand, stating that you give Rob massages during family trips might constitute defamation, depending on the situation and, of course, if it’s a false statement.

The chef…

Although lacking specifics about how the chef defamed the Lowe’s or breached a confidentiality agreement, the allegations detail the chef’s alleged wrongdoing that led to his termination, including, among other things: (1) having sex in Rob’s bed; (2) stealing prescription drugs; and (3) overcharging for food. Click here to read the allegations yourself.

Popsquire’s perspective…

Rob better be sure that the details about the chef’s wrongdoing are true. If not, Rob may be facing a defamation lawsuit himself. Remember, as discussed aqui, defamation involving a non-celeb is easier to prove!

Rob certainly has gone on the offensive. Either he has something to hide and is using litigation to scare these former employees, or he is doing everything he can to protect his family and promote truth.

What do you think? While you ponder, enjoy this Notorious B.I.G. classic, “Mo’ Money, Mo’ Problems.”

Technorati Tags: chef, confidential, defamation, domestic workers, jessica gibson, law, lawsuit, nanny, peter clements, pop culture, rob lowe, sheryl lowe

Rob Lowe and his wife, Sheryl, are slapping their nanny…with a lawsuit. Filed yesterday, the lawsuit seeks damages from the former nanny, Laura Boyce, for: (1) breach of contract; (2) defamation; (2) breach of duty of loyalty; (4) breach of fiduciary duty; (5) intentional infliction of emotional distress; (6) negligent infliction of emotional distress; (7) intentional misrepresentation; and negligent misrepresentation.

In short, the Lowe’s claim that, despite signing a confidentiality agreement, the nanny divulged confidential information and spread nasty rumors about them.

Popsquire’s perspective…

1. The Lowe’s don’t specify the content of the rumors or purported confidential information in the allegations. The Lowe’s better prepare to divulge these specifics if they want to get anywhere with the lawsuit. Plus, don’t you just want to know?!
2. It’s somewhat risky for the Lowes to sue in conjunction with their confidentiality agreement. If the court finds that the agreement is not enforceable — which is entirely possible — the nanny might spill all the beans without any consequences.

What are the Lowes so concerned about? Are they hiding something? Or, are they simply doing what they need to protect their family? Popsquire will peep around for more information. Stick around!

Technorati Tags: celebrity lawsuit, confidential, laura boyce, law, nanny defamation, pop culture, rob lowe, sheryl lowe

Popsquire pop quiz…

What do Farrah Fawcett and Britney Spears have in common, other than perfect 10 bodies?

According to the LA Times, both have been the unfortunate victims of privacy breaches by UCLA Medical Center employees. As faithful Popsquire followers like you already know, UCLA recently fired 13 employees for divulging Britney Spears’ private medical information. It turns out, however, that UCLA previously had terminated another employee for snooping through Farrah Fawcett’s files as well.

Popsquire warns…

Although federal law (HIPAA) requires health care providers to protect patient privacy, don’t count on it! Unfortunately, doctors’ offices and hospitals are known to be the source of a lot of identity theft incidents.

Technorati Tags: Britney Spears, farrah fawcett, health care, hipaa, hospital, law, medical privacy, pop culture, ucla

According to this complaint filed in Los Angeles Superior Court, Travis Barker is suing Rockstar Beverage for: (1) invasion of privacy;(2) commercial misappropriation; and (3) unfair competition.  Basically, Travis says that Rockstar Beverage posted a picture on its website showing him drinking a Rockstar energy drink, allegedly receiving a celebrity endorsement without paying for it.   

Popsquire’s perspective…

Although pictures of celebs appear on websites all the time, there is a difference between posting a celeb picture for commercial use versus editorial/news use, the former typically requiring consent by and payment to the celeb.

Popsquire’s prediction…

This one will settle soon!

Technorati Tags: blink 182, commercial misappropriation, energy drink, invasion of privacy, law, lawsuit, los angeles, pop culture, rockstar, superior court, travis barker, unfair competition