Cameo Clips

The U.S. District Court for the Southern District of New York declined to apply an exception to the first-filed rule that would have allowed an Indiana federal court to decide a legal dispute over “Bette Davis Eyes” jewelry that was earlier filed in New York federal court. Erickson Beamon Ltd. v. CMG Worldwide Inc., 12 Civ. 5105. In June 2012, the jewelry maker Erickson Beamon, which claimed its products were named after the Kim Carnes song “Bette Davis Eyes,” had filed for a declaratory judgment that it wasn't infringing the publicity or trademark rights of actress Bette Davis' estate. The estate's agent CMG Worldwide in turn sued Erickson Beamon in Indiana in November 2012, then moved to have the New York case dismissed.

Where there are concurrent cases in different jurisdictions, the first court in which a federal case is filed generally has first right to rule on the dispute. But New York federal District Judge Naomi Reice Buchwald noted there is “an exception to the first-filed rule where declaratory actions are filed in response to demand letters that give specific warnings as to deadlines and subsequent legal action.” However, Judge Buchwald emphasized: “The [Sept.] 13, 2011 cease and desist letter sent to plaintiff [Erickson Beamon] by counsel for defendants [CMG and Bette Davis' estate] is insufficient, on its own, to warrant dismissal under the improper anticipatory action exception to the first-filed rule. That letter contained no specific warning of impending litigation, but rather threatened pursuit of other legal options in the most general terms.”

Maryland Federal Court Issues Ruling in Dispute over Boxer Roberto Duran's Life Story

The U.S. District Court for the District of Maryland decided that an agreement governed by Maryland law granting boxer Roberto Duran's rights of publicity to his manager could be enforceable, even though Maryland has not recognized such rights. JW & JJ Entertainment v. Sandler, 8:13-cv-01609. Duran entered into a management contract with Mark Sandler in 1995. The agreement in part gave Sandler “the exclusive right worldwide to use the name 'Roberto Duran' or any form thereof and any image or likeness of Duran in any form” and further stated that the boxer “expressly gives to Sandler the rights to Duran's life story.” Sandler later terminated the contract and in 1997 obtained a default judgment for breach of contract against Duran. In 2007, Duran granted “exclusive life story rights” to Compadre LLC, which latter transferred those rights to JW & JJ Entertainment. JW & JJ filed a declaratory suit regarding its rights after Sandler threatened to sue if JW & JJ continued production on a movie about Duran.

District Judge Alexander Williams Jr. wrote that whether “the Agreement validly gives Sandler Duran's movie rights does not require the Court to determine that the right to publicity, or a related right, exists at Maryland common law. ' [P]rivate parties have the right to enter into contracts that create benefits or burdens ' and allocate them among the parties thereto as they see fit.” But Judge Williams denied Sandler's motion to dismiss JW & JJ's claim that the story rights grant in the Duran-Sandler agreement wasn't exclusive. “[T]he Court is ruling on a Motion to Dismiss, and the Parties have yet to submit any such evidence. Therefore, construing Plaintiffs' Complaint in the most favorable light, Plaintiffs deserve the benefit of discovery regarding whether Duran gave Sandler exclusive rights to his life story,” the district judge noted.

New York Federal Court Refuses to Apply First-Filed Exception to Dispute Over “Bette Davis Eyes” Jewelry

The U.S. District Court for the Southern District of New York declined to apply an exception to the first-filed rule that would have allowed an Indiana federal court to decide a legal dispute over “Bette Davis Eyes” jewelry that was earlier filed in New York federal court. Erickson Beamon Ltd. v. CMG Worldwide Inc., 12 Civ. 5105. In June 2012, the jewelry maker Erickson Beamon, which claimed its products were named after the Kim Carnes song “Bette Davis Eyes,” had filed for a declaratory judgment that it wasn't infringing the publicity or trademark rights of actress Bette Davis' estate. The estate's agent CMG Worldwide in turn sued Erickson Beamon in Indiana in November 2012, then moved to have the New York case dismissed.

Where there are concurrent cases in different jurisdictions, the first court in which a federal case is filed generally has first right to rule on the dispute. But New York federal District Judge Naomi Reice Buchwald noted there is “an exception to the first-filed rule where declaratory actions are filed in response to demand letters that give specific warnings as to deadlines and subsequent legal action.” However, Judge Buchwald emphasized: “The [Sept.] 13, 2011 cease and desist letter sent to plaintiff [Erickson Beamon] by counsel for defendants [CMG and Bette Davis' estate] is insufficient, on its own, to warrant dismissal under the improper anticipatory action exception to the first-filed rule. That letter contained no specific warning of impending litigation, but rather threatened pursuit of other legal options in the most general terms.”