Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Bit Parts
Boots Litigation Involving John Wayne's Persona To Be Heard in California, Instead of Texas
The U.S. District Court for the Western District of Texas will let a dispute over the alleged unauthorized use of John Wayne's persona to market boots be first heard by a California court. On April 28, 2017, JWE filed suit in California's Orange County Superior Court alleging multiple unauthorized uses of the late actor's persona to promote Lucchese's boot products, which Wayne often wore and publicly praised. Four hours after JWE filed its lawsuit, Lucchese filed a declaratory action in the Western District of Texas asking for what District Judge Philip R. Martinez described as “extremely broad pronouncements regarding [Lucchese's] current, past, and future rights to use John Wayne's name, image, and likeness.” Granting JWE's motion to dismiss the Texas action, District Judge Martinez decided: “Lucchese's generic requests for federal declaratory relief in the Federal Suit do not predominate over its own parallel state claims, which mirror JWE's claims in the State Suit. Further, JWE suggests and Lucchese does not contest that Lucchese can bring defenses under federal or state law in the State Suit …” Judge Martinez added, “Regardless of the specific law governing the dispute, both parties would likely produce substantially similar evidence, witnesses, and arguments in either lawsuit.” Lucchese Inc. v. John Wayne Enterprises LLC (JWE), 17-CV-135 (W.D.Tex.).
Distinguishing Between Burden of Proof for California Statutory and Common Law “Likeness” Violation Claims
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?