FAME APPEAL

The implications of this lawsuit could send shock waves to Pinterest, Flickr and other image hosting sites. Perfect 10, an adult entertainment company ( not worth visiting), alleges that Tumblr failed to respond to repeated requests for takedowns of their copyrighted photographs. In addition Perfect 10 states that “Tumblr employees have posted infringing content to Tumblr’s servers to help start the business.”
In addition to pornographic material Tumblr is full of photo’s that are copyright protected. Remember that the right to reproduce copyright protected work must be given by the copyright …

Now we’ve been experiencing some awesome weather this Spring season, nonetheless cold season is not over according to Hip Hop mogul Kanye West. Kanye’s new tune;”Theraflu; “relates” to the over-the-counter product used to help relieve cold and flu symptoms that millions of consumers rely on. Is this the beginning of a legal cold for Kanye West, (being that he has a new beau) or does the cough medicine enjoy the free advertising?
The issue here is whether a company will take affirmative steps to break an association with a celebrity when it wants to ensure  …

Russian media holding UTV, which owns Muz-TV  (Russian version of MTV) , has filed a $1.8 million lawsuit with a Miami court, claiming losses from Miami based New Wave Entertainment ( NWE ) over a canceled appearance at Moscow Music Awards by popular singer Lady Gaga. (read complaint below)
NWE Talent  Entertainment claimed that they could get Lady Gaga & Akon to perform at the awards show for the a down payment of $1.5 Million!
“ZAO TV Service (Muz-TV) and the American NWE Talent Agency & Management Company reached agreement that the …

Max Gregory Warren (stage name Maxamillion) has filed lawsuit against Cameron Jabril Thomaz “Wiz Khalifa” for copyright infringement in Pennsylvania Eastern District court. Warren registered his song “Pink N Yellow” and received copyright certification in Feb. 2008 (see exhibit A in complaint below). Listen to Pink N Yellow here Allegedly the tune in Khalifa’s Black and Yellow is derived from the Warren’s melody in Pink N Yellow.
Simply stated once you own the copyright to a musical work, others must get yourr permission before they create a work derived from you …

Thank you so much for following Fame Appeal legal blog. I appreciate your support as this blawg is nearing its second anniversary next month. Graduating law school and becoming a lawyer has really made 2011 a special year for me. How has 2011 been a special year for you? I have many things in store for 2012 that I am sure you will enjoy. I always love to get to know my readers so keep in touch, follow me via twitter @fameappeal or you can shoot me an e-mail at …

In a distribution deal gone bad Babygrande Records owes it at least $200,000 in royalties for promoting rapper Wiz Khalifa’s 2009 album “Deal or No Deal,” which has sold more than 100,000 copies. Malbon Brothers Farms, (btw gr8 company to work for) a marketing firm, says it signed an agreement with Babygrande Records in May 2009 to distribute “Dopium,” an album by a Wu-Tang Clan member.
The agreement provided that Babygrande (who needs to update their website) would pay Malbon Brothers 90 percent of net profits from the commercial use of “Dopium.” …

The Victoria’s Secret fashion show aired last night on CBS and as usual it is always a spectacle of physical and artistic perfection. I thought it would be befitting to dedicate this post to legal protection for fashion models both in an agency and freelance.  A fashion model uses his/her appearance and natural chemistry to sell goods or services. Often times Models feel they are getting the short end of the bargain and I thought the following may help out.
1. Things you should pay attention to when signing a modeling …

The usual expression of Ultimate Fighting is tight fitting Affliction t-shirts worn by huge brawny athletes (plentiful at Jersey Shore). Recently Ultimate Fighting Champions (UFC) has entered the ring with New York state. UFC  is suing to overturn New York’s ban on live bouts, saying the 1997 law runs roughshod over its freedom of expression, a novel argument that likens MMA (mix martial arts) to live ballet, music or theater.
“This is the first time to my knowledge that a professional athlete is claiming a First Amendment right to communicate with …

I can’t tell you how many times I have to remind businesses, young and old, that they must purchase any confusingly similar domains which  bad faith competitors may use to take away their traffic. Known as, cybersquatting, this is a legal violation where someone with bad faith creates a domain in order profit from the goodwill of a trademark belonging to someone else. The cybersquatter then offers to sell the domain to the person or company who owns a trademark contained within the name at an inflated price.(wiki) Fashion and …

 
Trade dress is the distinctive packaging or design of a product that promotes the product and distinguishes it from other products in the marketplace — for example, the shape of a perfume bottle. Trade dress can be protected under trademark law if a showing can be made that the average consumer would likely be confused as to product origin if another product were allowed to appear in similar dress.
Since 2010 Victoria’s Secret has been fighting to protect the trade dress of its Secret Garden body lotion product line. The battle …