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Sports Report
Broadcast Rights/Choice of Forum
The U.S. District Court for the Western District of Kentucky found that its district was the proper forum to hear a dispute over the international broadcast rights to a fight in Louisville, KY, between English heavyweight boxer Danny Williams and former-heavyweight-champion Mike Tyson. Straight-Out Promotions LLC v. Brearly (International) Ltd., 3:04CV-473-H. Negotiations between Straight-Out and foreign broadcast distributor Brearly included several distribution agreements, e-mails and a letter of modification from Brearly. The district court noted: “The parties never mutually executed or mutually accepted a written agreement containing a forum selection clause [which Brearly claimed stipulated Gilbraltar]. Indeed, it is not clear whether relations between the parties is governed by any one written agreement or whether an e-mail contains the only known agreed-upon terms. That cannot be known until a trial of this case. … [T]he weight of the evidence in the record supports the conclusion that there was no meeting of the minds on any of the written distribution agreements much less a forum selection clause. … Venue is proper in this district both because a substantial part of the events giving rise to the dispute occurred in Louisville and because Brearly was subject to personal jurisdiction at the time the action was commenced.”
Right of Publicity/Photo Release Form
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