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Fresh Filings

By Entertainment Law & Finance Staff
October 01, 2024

Entertainment conglomerate WarnerMedia has been sued by Sky UK, Spy Italia and Spy Deutschland Fernsehen for breach of contract in New York Southern District Federal Court. The suit, brought by Davis Polk & Wardwell and Herbert Smith Freehills, accuses the defendant of breaching an agreement to provide original content from HBO Max to the plaintiff as co-funding and co-production opportunities. According to the complaint, the defendant failed to offer the minimum four qualifying series per calendar year and did not submit an upcoming Harry Potter television series for the plaintiff's consideration. The case is Sky UK Ltd. v. WarnerMedia Direct LLC, 1:24-cv-07335. Music group Deftones filed a trademark infringement lawsuit in Illinois Northern District Federal Court over the alleged sale of counterfeit goods. The suit, filed on the band's behalf by TME Law, pursues claims against unidentified online retailers. The case is Deftones v. The Partnerships and Unincorporated Associations Identified On Schedule A, 1:24-cv-09073. Global Merchandising Services and Iron Maiden Holdings filed a trademark infringement lawsuit in California Southern District Federal Court over the alleged sale of counterfeit goods. The court action, filed by attorney Kenneth A. Feinswog, pursues claims against independent unlicensed peddlers and manufacturers. The case is Global Merchandising Services Ltd. v. Various John Does, 3:24-cv-01726. Entrepreneur and Shark Tank member Lori Greiner, Blue Water Ventures and the Harry Walker Agency have been sued in New York Supreme Court, New York County, for conversion, tortious interference and breach of contract. The suit, filed by Baker & Hostetler on behalf of spa and salon software provider Zenoti, accuses Greiner of backing out of an agreement to be the keynote speaker at Zenoti's Innergize conference and refusing to refund Zenoti's deposit. According to the complaint, the defendants falsely claimed that the plaintiff used Greiner's name and likeness for certain promotional materials without obtaining her approval. The case is Soham Inc. v. Greiner. Comcast, Day of the Fight Inc. and other defendants were named in a slip-and-fall personal injury lawsuit in New Jersey Superior Court, Mercer County. The suit was brought by Saltz Mongeluzzi Bendesky on behalf of a make-up artist/hair stylist who allegedly fell and dropped on concrete surface below a walkway while working on a film set. The case is James v. Oak View Group D/B/A Ovg360, MERL001900-24. Goldin Auctions, Chris Belanski and Kelvin Ramirez have been sued in Florida Circuit Court, Miami-Dade County, for alleged trespass and conversion in connection with a dispute over the ownership of a home-run ball that had been hit into the left-field seats at a Miami Marlins v. Los Angeles Dodgers baseball game. The lawsuit was brought by Kelley Uustal on behalf of Max Matus, a fan who attests that he caught the ball at the game before Belanski forcibly took it from him. The suit asserts that the plaintiff is the rightful owner of the "irreplaceable" ball and challenges the defendants' attempt to sell it at a minimum of $500,000 per Goldin Auctions' suggested opening bid. The case is Matus v. Goldin Auctions LLC, 2024-018488-CA-01. The National Collegiate Athletic Association (NCAA) is being sued in Ohio Court of Common Pleas, Cuyahoga County, in connection with the organization's alleged failures to combat the debilitating long-term dangers surrounding concussion-related injuries. The action, brought by Barkan Meizlish DeRose Cox and attorney David Langfitt on behalf of Yvette Schmitz, arises from former Notre Dame football player Steven T. Schmitz's disability and subsequent death. The lawsuit contends that the NCAA failed to educate Schmitz or enforce rules regarding the risks of brain damage caused by concussive injury. The case is Schmitz v. National Collegiate Athletic Association, CV-24-104438. Celebrity news agency BackGrid USA sued Interview Magazine for copyright infringement in New York Southern District Federal Court. The suit, brought by One LLP, accuses the defendant of posting the plaintiff's copyrighted photo of musical artist Grimes on Instagram without permission to promote a news article. The case is BackGrid USA Inc. v. Interview Inc., 1:24-cv-07254. Manuel Sosa was hit with a copyright infringement and trade secret lawsuit in Florida Southern District Federal Court. The action, brought by Whiteford, Taylor & Preston and Lash & Goldberg on behalf of Banilla Games and Grover Gaming, accuses the defendant of using and distributing unauthorized copies of the defendant's copyrighted Fusion 4 game. The case is Banilla Games Inc. v. Sosa, 1:24-cv-23682. Clara Cabrera a/k/a Clarita La Magnifica, an artist with roles in adult movies and music videos, was hit with a defamation lawsuit in Florida Circuit Court, Miami-Dade County. The lawsuit was brought by VPP Law Firm on behalf of Tatiana Guiribitey, a Cuban-American businesswoman who accuses the defendant of publishing two videos where she falsely claimed that the plaintiff has ties to Cuba's communist government. The case is Guiribitey v. Cabrera, 2024-018333-CA-01. CBS, Paramount Global and other defendants were named in a copyright infringement lawsuit in Texas Eastern District Federal Court. The action was brought by Bruster PLLC and Wisnia PC on behalf of Hiram Humberto Alarid Felix, the author of the novel Una Misión De Fe. The suit accuses the defendants of displaying and distributing an allegedly derivative film of the plaintiff's novel without authorization. The case is Felix v. Bleecker Street Media LLC, 2:24-cv-00775. Paramount Global, Paramount Pictures and other defendants were hit with a copyright infringement lawsuit in New York Southern District Federal Court. The action, filed by Taubman Law on behalf of author Michelle Lynn, accuses the defendants of misappropriating themes, plot points and specific language from the plaintiff's book Silver Lights and film adaption Ever After Drama for their psychological thriller Apartment 7A. The case is Lynn v. Paramount Global, 1:24-cv-07219. Former NFL running back and Heisman Trophy winner Reggie Bush filed an antitrust lawsuit against the University of Southern California, the National Collegiate Athletic Association and the Pac-12 Conference in California Superior Court, Los Angeles County. The suit, brought by McCathern LLP, seeks to recover unpaid compensation for the commercial use of Bush's name, image and likeness. Bush and other student athletes were barred from receiving financial compensation for name, image and likeness until the NCAA changed its rules in 2021. The case is Bush v. National Collegiate Athletic Association, 24STCV24615. Kari Whitman, an interior designer for celebrities and other high-end clientele, is being sued for fraud, breach of contract and conversion in California Superior Court, Los Angeles County. The suit, brought by Venable on behalf of actress Kinder Hunt and Jeff Butler, accuses the defendant of fraudulently charging the plaintiffs over $5.5 million for design services at the plaintiffs' residence. The complaint further accuses the defendant of poor workmanship. The case is Butler v. Kari Whitman Interiors LLC. NCMF LLC, host of the annual North Coast Music Festival in Chicago, sued ticketing company Lyte, Antony Taylor and Daniel White for conversion and breach of contract in New York Supreme Court, New York County. The suit, brought by Connell Foley, accuses the defendants of failing to pay ticket and fee revenues to the plaintiff under a ticket-brokerage agreement and diverting all revenues to their own accounts. The suit comes on the heels of a report on Billboard.com that Lyte was shutting down and that efforts were underway to find a potential buyer. The case is NCMF LLC v. Lyte.Musical artist Jason DeFord a/k/a Jelly Roll and merchandising company Manhead LLC filed a trademark lawsuit in New York Southern District Federal Court. The suit, brought by attorney Kenneth A. Feinswog, sought to enjoin bootleggers from selling unauthorized t-shirts, posters and other merchandise outside of Madison Square Garden during Jelly Roll's Sept. 27 concert. The case is Manhead LLC v. Does, 1:24-cv-07148. American actress and singer Jennifer Lilley Wayne p/k/a Jen Lilley filed a copyright infringement lawsuit in California Central District Federal Court in connection with her original story A Paris Proposal. The action, brought by the Law Offices of Roderick J. Lindblom, contends that Crown Media Holdings and producer Jeffery Beach blatantly copied elements of the story and excluded Lilley from the production of a related film despite contrary agreements. The case is Wayne v. Crown Media Holdings Inc., 2:24-cv-08005. Universal Music Group, Cornell Iral Haynes Jr. p/k/a Nelly and other defendants were hit with a copyright infringement lawsuit in New York Southern District Federal Court. The action, which arises from the creation of record album Country Grammar, was filed by the Law Offices of Gail M. Walton on behalf of the music group St. Lunatics. The suit contends that the defendants registered the album with the U.S. Copyright office falsely identifying themselves as the composers and creators of eight original musical compositions, and seeks around $50 million in royalties and fees. The case is Harper v. Universal Music Group, 1:24-cv-07098. Roblox Corp. and game designer Alex Binello have been sued for copyright infringement lawsuit in California Northern District Federal Court. The case was filed by Petruccelli, Martin & Haddow and Hatch Law on behalf of composer Aaron Robinson. The suit accuses the defendants of the unauthorized use of the plaintiff's recording of "Maple Leaf Rag" in its interactive game Meep City. The case is Robinson v. Binello, 5:24-cv-06501. AMC Entertainment and GLAS Trust have been sued in New York Supreme Court, New York County, by Deutsche Bank, Olifant Fund and other creditors for breach of contract. The suit, brought by Paul Weiss Rifkind Wharton & Garrison, accuses the defendants and certain junior creditors of engaging in an unlawful refinancing and restructuring transaction to the detriment of senior creditors in violation of an Intercreditor Agreement. The case is A Holdings – B LLC v. GLAS Trust Company LLC. Universal Music Group, Def Jam Records and hip-hop artist Lil Migo were sued in California Superior Court, Los Angeles County. The suit, filed by Mosley & Associates and Law Offices of Sidney A. Robbins on behalf of Patricia Hobbs, arises from the allegedly unauthorized use of a voicemail message recorded and sent by the plaintiff to a third party. The suit contends that the defendants' use of the recording, which was sampled on the defendants' song "Cheated," amounts to misappropriation of likeness. The case is Hobbs v. Smith, 24STCV24031. Mini Nation Pictures sued Kelcie Stranahan for fraud in California Superior Court, Los Angeles County. The suit, brought by attorney Scott A. Meehan, arises from an agreement between the parties whereby the defendant represented in writing that she would appear as a cast member in a feature film scheduled to be shot in September 2024. The plaintiff accuses the defendant of breaching her agreement and knowingly making representations of her availability she knew were false. The case is Mini Nation Pictures LLC v. Stranahan. Netflix and South Korean director and screenwriter Hwang Dong-hyuk have been hit with a copyright infringement lawsuit in New York Southern District Federal Court. The complaint, brought by Kirsch & Niehaus on behalf of Soham Shah, contends that the defendants' television series Squid Game infringes upon the copyrights for the plaintiff's 2009 Hindi-language Indian film Luck. The case is Shah v. Netflix Inc., 1:24-cv-06925. An actress employed as an extra on the film Megalopolis sued film director Francis Ford Coppola, production company American Zoetrope and two Hollywood casting agencies in Georgia Superior Court, Fulton County. Lauren Pagone, who is represented by Radford Scott LLP, alleges that Coppola hugged and groped her without consent, and that the director created an uncomfortable sexual atmosphere during a Studio 54-esque club scene that involved partial nudity. Pagone alleges that there was no intimacy coordinator present for filming and that Coppola told her to sit on his lap and "call me Uncle." The case is Pagone v. Coppola, 24CV011373.

— This column was curated using Law.com Radar.

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