Category Archives: Blog

Best in all legal news.

Disney Fights Unlicensed ‘Star Wars,’ ‘Frozen’ Characters at Children’s Birthday Parties

Yes, Hollywood studios tend to be fiercely protective of their intellectual property. These studios will often sue over unlicensed merchandise in the marketplace. Usually, these cases go away quickly and quietly. The defendants tend not to have the resources to fight back. Settlements and stipulated judgments are the norm. Well, not this time.

On Friday, summary judgment papers came in a lawsuit that Disney has filed in New York against Nick Sarelli, who runs an operation called Characters for Hire, LLC.

Disney alleges that Sarelli has a “knock-off business … built upon the infringement of Plaintiffs’ highly valuable intellectual property rights,” including the fictional characters Darth Vader, Iron Man and Elsa and Anna from Frozen. Disney is upset how this company “provides unlicensed and poor quality appearances and performances” by actors dressed as “iconic characters for themed events, such as children’s parties.”

The lawsuit claims that the costumed actors appearing at these events and the advertising associated with this enterprise represent a violation of both its copyrights and trademark rights.

Anyone who has ever visited Times Square in New York City might wonder about the costumed characters taking pictures with tourists for money. The New York Police Department once even tried to get Disney to crack down. Disney didn’t take the bait, but for whatever reason, Mickey Mouse has put its foot down for Characters for Hire.

Read Full – http://www.hollywoodreporter.com/thr-esq/disney-fights-unlicensed-star-wars-frozen-characters-at-childrens-birthday-parties-1049247

Hollywood Confronts a Copyright Argument With Potential for Mass Disruption

 9:50am PT by Eriq Gardner

Who really owns the CG characters in blockbuster films like ‘Avengers’ and ‘Night at the Museum’? On Monday, a judge was told it’s not the studios.

Are some of Hollywood’s biggest movies from the past decade — Guardians of the GalaxyAvengers: Age of UltronDeadpool and Night at the Museum, among others — all copyright infringements because they were allegedly created with stolen technology? The question seems outlandish, and yet, that’s exactly what a California federal judge was told on Monday in a case that can’t be shrugged off as a crank even if it is now treading on some fantastic territory including a scholar’s search for hidden codes in the Hebrew Bible.

Rearden LLC is the plaintiff. The firm was founded by Silicon Valley entrepreneur Steve Perlman, who claims to own software called MOVA, which captures facial expressions to create photorealistic computer graphic effects. Rearden also alleges its technology was stolen by a former colleague before eventually landing in the hands of a Chinese firm. After the FBI investigated economic espionage, Rearden sued this Chinese company and won an injunction. Now, Rearden is suing the customers of the stolen technology — DisneyFox and Paramount — who find their blockbusters the subject of bold intellectual property claims.

In response to the lawsuit, the studios have contended that that the copyright, trademark and patent claims fail as a matter of law. This story will focus on the mind-blowing copyright arguments.

At this stage of the dispute, the studios can’t dispute the truth of the allegations — not only did they use stolen technology, they did so knowingly. But Disney, Fox and Paramount ask, so what? Whatever shows up onscreen is primarily the product of human input, namely film direction and an actor’s performance. The technology company simply can’t own the output.

“Indeed, if Rearden’s authorship-ownership theory were law, then Adobe or Microsoft would be deemed to be the author-owner of whatever expressive works the users of Photoshop or Word generate by using those programs,” wrote Kelly Klaus, attorney for the defendants, who also nodded to an 1884 Supreme Court opinion, Burrow-Giles Lithographic Co. v. Sarony.

Full Read – http://www.hollywoodreporter.com/thr-esq/hollywood-confronts-a-copyright-argument-potential-mass-disruption-1049516

O.J. Simpson’s Former Attorney F. Lee Bailey Gets Bad News About His SAG-AFTRA Pensions

F. Lee Bailey was once so famous that he’d regularly appear on television and even played himself in a movie. He did so much screen work that he evidently entitled himself to money in retirement. It wasn’t much, but under heavy debt, it’s become important. Now, however, the same week that his former client O.J. Simpson was released from prison, a bankruptcy judge is allowing the Internal Revenue Service to enforce federal tax liens on more than $1,000 a month in pensions from the SAG-AFTRA.

Bailey, 84, is now disbarred after a scandal erupted over misappropriated funds tied to a French smuggler he had been representing. He runs a consulting business in an apartment above a salon. He’s in bankruptcy thanks to more than $5 million the government asserts he owes in tax debt.

Read Full – http://www.hollywoodreporter.com/thr-esq/oj-simpsons-attorney-f-lee-bailey-gets-bad-news-his-sag-aftra-pensions-1045756

Via Brasil Steakhouse Celebrates 9th Anniversary With Brazilian Culture & Free Champagne!

Contact: Anna Gomes

Phone: 702-884-5364

Email: anna@viabrasilsteakhouse.com

Web: http://www.viabrasilsteakhouse.com/

Via Brasil Steakhouse Celebrates 9th Anniversary With Brazilian Culture & Free Champagne!

Summerlin, Las Vegas, NV – On Monday, October 23, 2017 starting at 5pm, Via Brasil Steakhouse will be hosting their 9th anniversary party with not just great traditional Brazilian cuisine but they’re bringing out traditional Samba Dancers and music throughout the night. The owners have also decided to provide Free Champagne for everyone from 7pm to 9pm because it’s a party and they would love for you to come and celebrate.

Via Brasil Steakhouse is one of the best Brazilian steakhouse restaurants in the Las Vegas, that fuses traditional recipes with a heartwarming lively atmosphere that truly feels as though you were dining in a churrascaria in the heart of Brazil. The specialty is of course the all you can eat churrasco with a wide variety of 21 meats cooked to perfection.

Everyone who joins their 9th year anniversary party will also receive a gift; a $50 dining card for their next visit as a token of their appreciation.

If that sounds good, well it tastes even better, so come on by October 23rd with your friends and family after work and be a part of the Via Brasil Steakhouse family.     

Located at 1225 S. Fort Apache Rd. in Las Vegas. Via Brasil Steakhouse is a 375 seat, family owned Churrascaria or Brazilian Steakhouse, with a tradition of excellence dating back to 1978 when the original Via Brasil was opened in New York City. Since opening the Las Vegas location 9 years ago, they have won the “Best of Las Vegas” awards in 2010, 2014 and 2015 and have continued to further cement their name as one of the best restaurants in Las Vegas and is here to stay. Everyone who joins their 9th year anniversary will also receive a gift; a $50 dining card for their next visit as a token of their appreciation for making Las Vegas their 2nd and favorite home.

Killing of ‘Narcos’ scout resurfaces Escobar trademark feud

  @CNNMoneySeptember 22, 2017: 6:45 PM ET

Pablo Escobar, one of the world’s wealthiest and most notorious drug lords, met his end nearly a quarter-century ago, but his legacy continues to cast a shadow over the Netflix drama “Narcos.”

On September 11, Carlos Munoz Portal, a location manager for the Netflix television series “Narcos,” was found dead. He had suffered multiple gunshot wounds in a car on a dirt road outside Mexico City, near a site he was scouting for future episodes of the TV show.

n the wake of Portal’s death, Pablo Escobar’s brother is bringing his year-long trademark dispute with Netflix back into the headlines through an interview he gave The Hollywood Reporter (THR). In that interview, speaking of “Narcos,” which based its first two seasons on Pablo Escobar’s life, he reportedly said he would “close their little show” if the streaming service did not reach a settlement agreement with him.

Roberto De Jesus Escobar Gaviria is Pablo Escobar’s brother and former accountant. He is also the founder of holding company Escobar Inc.. In July of 2016, his company requested $1 billion compensation from Netflix for what it contends are intellectual property violations. It claims the streaming service has reaped substantial financial benefits from the popular global series by using Escobar’s name and story.

Read Full – http://money.cnn.com/2017/09/22/media/narcos-escobar-suit/index.html