Bit Parts

The U.S. District Court for the District of Nevada denied a motion to reconsider its previous ruling that allowed Korean artist 'Rain' to continue to use that name in the United States. Rain Corp. v. JYP Entertainment Ltd. (JYPE), 03:07-CV-00081-LRH-RAM. The plaintiff, which produces and performs as the Beatles tribute group 'Rain,' based its reconsideration motion on a letter it received from JYPE after the court's earlier ruling, which had denied a preliminary injunction against the Korean performer. Rain Corp. claims the letter was an admission there was a likelihood of confusion from Rain Corp. and JYPE both using 'Rain.' But the Nevada district court found: 'The bulk of the letter contends that JYPE has rights in the mark 'Rain' and demands that Plaintiff stop use of that mark where JYPE has registered the mark. ' The fact that JYPE concluded the letter by stating that it was for discussion and settlement purposes only does not detract from the fact that letter demands, in no uncertain terms, that Plaintiff 'immediately cease and desist all its activities under the mark 'Rain' or any confusingly similar variation thereof.'

Beginning Jan. 1, 2008, California's descendible right-of-publicity law, Calif. Civ. Code Sec. 3344.1, will apply to the wills of celebrities who died before the state statute originally took effect on Jan. 1, 1985. Under SB 771, signed into law by Gov. Arnold Schwarzenegger, the retroactive right will extend back 70 years from 1985. The California legislation, drafted by Sen. Sheila James Kuehl (D-Santa Monica), a former actress, was in response to recent federal court rulings in California and New York that the will of Marilyn Monroe, who died in 1962, failed to transfer any post-mortem publicity rights. Critics of SB 771 claim that it will interfere with parties who have been exploiting names and likenesses of celebrities who died before 1985. The new law may not help the estate of Monroe if a court decides that her domiciliary was New York, which currently has no descendible right of publicity, instead of California, where she
died.

Talent Agencies Act/Arbitration Clauses