Some time ago, celebrity boutique and paparazzi-magnet Kitson had a legal dispute with Us Weekly magazine over payment for a book party the store threw for an Us editor. It was settled for a small chunk of change and a standard non-disparagement clause over the lawsuit. Us Weekly had the last laugh, however; it stopped covering the store in its magazine, to the point of cropping out the Kitson logo when publishing photos of celebrities shopping there. Or it thought it had the last laugh, because Kitson is now suing Us Weekly claiming a legal right to the publicity the magazine is withholding and alleging $10,000/week in damages from the loss of publicity. The Jossip blog has the complaint and somewhat more detail than the mainstream press account. (Andrew Blankstein, “Celebrity Boutique Sues Us Weekly, Saying Lack of Coverage Is Hurting Business”, LA Times, Sep. 12) (via Romenesko).
Archive for the ‘Uncategorized’ Category
The war over “W”
The wildly popular oval “W” stickers sported nationwide by supporters of President Bush’s 2004 re-election bid are at the center of a federal copyright case in Texarkana. This week, a judge set a Nov. 7 trial date.
Jerry Gossett of Wichita Falls claims the stickers are based on his idea, which he copyrighted in 2001. He accuses the Republican National Committee and campaign material maker Spalding Group of stealing his concept after he pitched it to them.”
A plaintiff’s expert has estimated damages at $100 million, defense attorneys said….
Texarkana, where Bill Clinton appointee David Folsom presides as the federal judge, has a reputation as a plaintiff-friendly venue, but Altman [Gossett attorney William Altman of Wichita Falls] said he simply sought a speedy docket.
(Mark Babineck, “Designer of a Bush logo seeks a ‘W’ in courtroom”, Houston Chronicle, Sept. 9).
Neglect your kid now, sue for $5 M later
Reader D.B. of Cincinnati writes, regarding “not about the money” lawsuits (Sept. 1, Sept. 7, etc.):
You may be interested in the tragic story from Cincinnati. Three year old Marcus Fiesel was taken from his mother. She had three children by three fathers and they lived in a flea infested place which was smeared with feces and lacked food. She told police that the children were “their problem” now. The children were put into foster care. Marcus was placed in a home where he should not have been, as the foster father had a police record that was not discovered. His foster mother pretended to faint at a local park, and when she awoke she said Marcus was missing. There was a huge community search, but Marcus was never found. Later police discovered that the foster parents had wrapped him in a blanket and left him in a hot closet for 2 days while they attended a family reunipn.Then the foster father burned his body. The birth mother is suing everyone she can for $5 million and saying it is “not about the money.” There is outrage in Cincinnati first over the circumstances of his death and now over this outrageous lawsuit. The Cincinnati press has covered the story for the last 2 weeks with almost daily updates. Here is a report on the lawsuit and a Cincinnati Enquirer editorial.
Update: Sept. 26.
Airline sued over singer’s performance
“Passengers on a flight from France to Mauritius have filed suit against Air France after musician Bonnie Tyler performed a song at the request of the co-pilot. … The complaining passengers reportedly claimed they were traumatized by the experience and had feared for their safety during the celebration.” (“Passengers complain after Tyler sings”, UPI, Sept. 3). Flyertalk pages us (Sept. 5) and David Lat also notes the case (Sept. 6).
Update: anti-milk suit dismissed
A federal judge in the District of Columbia has dismissed a lawsuit against dairy manufacturers filed by the animal-rights group that calls itself the Physicians Committee for Responsible Medicine (PCRM). The lawsuit claimed that it was legally wrongful for producers not to label dairy products to warn of the risk of lactose intolerance (“District Court Dismisses Anti-Dairy Lawsuit”, USAgNet/Wisconsin Ag Connection, Sept. 5). Ted covered the suit Jun. 21, 2005; see also May 28, 2004. Bill Childs comments on the dismissal (Aug. 23) and also has details of a ruling by the Michigan Supreme Court (over two dissents) that a hair oil manufacturer did not have to warn of the dangers of ingesting its product.
Think different—think litigious
Apple—usually the victim of plaintiffs’ attorneys (e.g., May 23; Feb. 2; Oct. 27; Aug. 9, 2005, etc.)—has decided to glorify one, Mark Lanier, with a three-page puff piece co-advertising Lanier and Mac computers. The story falsely portrays the multi-millionaire as a “David” going up against a Goliath, falsely claims he won two Vioxx cases (one of his “wins” was for fifteen dollars), and falsely claims he received a $250 million “judgment” in a Vioxx case (not so). For more on how Lanier really operates, see today’s Point of Law post and Point of Law’s Vioxx litigation coverage. (h/t W.F.)
“As so often, aggressive IP lawyers trumped smart business strategy”
Virginia Postrel says Marvel Comics did itself no favors recently by taking a tough negotiating stance over The Atlantic’s proposed cover use of one of its images. (Sept. 6). I had no idea anyone was asserting trademark rights over the word superhero. (Corrected Sept. 10 to fix error about how The Atlantic was going to use the image — see comments.)
$2 million 9/11 fee under fire
“Laura Balemian, whose husband Edward J. Mardovich died in the World Trade Center, received one of the largest awards paid out by the September 11th Victim Compensation Fund: $6.7 million. But she in turn paid out what is almost certainly the highest legal fee. While the vast majority of victims were represented before the fund pro bono or for a nominal fee, Balemian paid her lawyer, Thomas J. Troiano, a one-third contingent fee, or over $2 million.” In an affidavit, 9/11 fund special master Kenneth Feinberg calls Troiano’s fee “shocking and unconscionable”, and says that fund guidelines recommend that attorney fees be kept under 5 percent of family recoveries; Troiano, however, says Mrs. Balemian knew what she was getting into and that his efforts produced outstanding results. (Anthony Lin, “Attorney’s $2 Million 9/11 Fee Called ‘Shocking, Unconscionable'”, New York Law Journal, Aug. 29; Alfonso A. Castillo, “9/11 widow battles over attorney’s fee”, Newsday, Sept. 1; MyShingle, Aug. 28).
Update: Story also covered in this American Justice Partnership publication (PDF).
Second British gambling CEO detained
“The chairman of British betting company Sportingbet, Peter Dicks, was detained by American authorities in the early hours of today in what is being seen as a further crackdown on online gambling. The detention of Mr Dicks, 64, comes just two months after David Carruthers, the chief executive of BetOnSports was arrested in Texas on alleged fraud and racketeering charges. Mr Carruthers, who has maintained his innocence, was on his way to the company’s offices in Costa Rica.” (Miles Costello, “Sportingbet boss detained in US”, Times Online (UK), Sept. 7). For our earlier coverage, see my Times Online column on Carruthers’ arrest as well as Jul. 20 and Jul. 27.
Speak freely, until Friday
“As of Friday, when the 60-day blackout period for ‘electioneering communications’ by nonprofit interest groups begins, political speech will enjoy less protection than dirty movies. While a sexually explicit film is protected by the First Amendment if it has some socially redeeming value, an ‘electioneering communication’ is forbidden even if it deals with important and timely public policy issues.” (Jacob Sullum, syndicated/Reason.com, Sept. 6).