LexisNexis® Legal Newsroom
Mealey's IP/Tech - Karaoke Trademark Dispute Survives Motion To Dismiss

CHICAGO - Allegations that the operator of Chicago's Mecca Supper Club infringed the "Sound Choice" trademark will proceed in Illinois federal court, according to an April 21 ruling (Slep-Tone Entertainment Corp. v. Elwood Enterprises Inc., No. 13-7346, N.D. Ill.).

Mealey's PI/Product Liability - 3rd Circuit Overturns Decision For Defendant In Premises Liability Case

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on April 15 revived a woman's personal injury claims brought against a movie theater, concluding that there was enough evidence regarding the defendant's actual notice of a dangerous condition in its bathroom to allow the case to proceed (Eileen Sheil v. Regal Entertainment Group, No. 13-2626, 3rd Cir.; 2014 U.S. App. LEXIS 6980).

Mealey's IP/Tech - Guccione Collection Reaches Deal With 'Penthouse' Entity Dismissing Claims

WILMINGTON, Del. - The Guccione Collection (TGC) LLC and Friend Finder Networks (FFN) Inc. on April 8 agreed to dismiss the adversary proceeding filed by TGC in the Chapter 11 bankruptcy of PMGI Holdings Inc., the parent company for adult entertainment empire carrying the name "Penthouse," in which TGC had sought declaratory relief and unspecified damages related to intellectual property. The one-paragraph stipulation filed in the U.S. Bankruptcy Court for the District of Delaware provided no information on the agreement the parties reached (The Guccione Collection LLC v. Friend Finder Networks Inc. [In Re: PMGI Holdings Inc.], No. 13-12404, Chapter 11, D. Del. Bkcy.).

Mealey's Bankruptcy - Guccione Collection Reaches Deal With 'Penthouse' Entity Dismissing Claims

WILMINGTON, Del. - The Guccione Collection (TGC) LLC and Friend Finder Networks (FFN) Inc. on April 8 agreed to dismiss the adversary proceeding filed by TGC in the Chapter 11 bankruptcy of PMGI Holdings Inc., the parent company for adult entertainment empire carrying the name "Penthouse," in which TGC had sought declaratory relief and unspecified damages related to intellectual property. The one-paragraph stipulation filed in the U.S. Bankruptcy Court for the District of Delaware provided no information on the agreement the parties reached (The Guccione Collection LLC v. Friend Finder Networks Inc. [In Re: PMGI Holdings Inc.], No. 13-12404, Chapter 11, D. Del. Bkcy.).

Mealey's IP/Tech - Federal Circuit Affirms: Amazon.com Does Not Infringe Patents

WASHINGTON, D.C. - A Delaware federal judge properly construed certain claim terms in a dispute over two on demand entertainment viewing patents, the Federal Circuit U.S. Court of Appeals ruled April 8 (United Video Properties Inc., et al. v. Amazon.com Inc., et al., No. 13-1396, Fed. Cir.).

Mealey's Bankruptcy - Liquidation Plan Reduces Philadelphia Casino's Tax Debt By More Than $5.93M

PHILADELPHIA - Bankrupt casino operator Philadelphia Entertainment and Development Partners LP (PEDP) on April 2 filed a disclosure statement for a Chapter 11 plan of liquidation in the U.S. Bankruptcy Court for the Eastern District of Pennsylvania that would reduce the amount of real estate taxes it owes to the City of Philadelphia by $5,936,921 (In Re: Philadelphia Entertainment and Development Partners LP, No. 14-12482, Chapter 11, E.D. Pa. Bkcy.).

Mealey's Labor & Employment - Chuck E. Cheese Removes Wage Violations Class Complaint To Federal Court

SAN FRANCISCO - A family restaurant and fun center chain removed a wage-and-hour class complaint to California federal court on March 27 based on diversity jurisdiction pursuant to the Class Action Fairness Act (CAFA) (Franchesca Ford, et al. v. CEC Entertainment, Inc., et al., No. 14-1420, N.D. Calif.).

Mealey's Litigation Procedure - Chuck E. Cheese Removes Wage Violations Class Complaint To Federal Court

SAN FRANCISCO - A family restaurant and fun center chain removed a wage-and-hour class complaint to California federal court on March 27 based on diversity jurisdiction pursuant to the Class Action Fairness Act (CAFA) (Franchesca Ford, et al. v. CEC Entertainment, Inc., et al., No. 14-1420, N.D. Calif.).

Mealey's IP/Tech - Supreme Court Denies Certiorari In Dispute Over Copyright Damages

WASHINGTON, D.C. - Efforts by a composer to obtain profit damages from World Wrestling Entertainment (WWE) Inc.'s inclusion of his copyrighted work in the broadcast of a pay-per-view event were unsuccessful March 31, when the U.S. Supreme Court denied his petition for certiorari (Anthony Lawrence Dash v. Floyd Mayweather, Jr., et al., No. 13-867, U.S. Sup.).

Mealey's Bankruptcy - Judge Denies Motion To Compel 'Girls Gone Wild' To Surrender Property

LOS ANGELES - The federal bankruptcy judge presiding over the Chapter 11 case of GGW Brands LLC, the parent company for the producer of adult entertainment company that produces videos carrying the name "Girls Gone Wild," on March 24 denied the motion of one of GGW's affiliates that sought an order compelling the debtor to surrender commercial property (In Re: GGW Brands LLC, No. 13-15130, Chapter 11, C.D. Calif. Bkcy.).

Mealey's IP/Tech - 'Twilight' Trademark Infringement Counterclaims Won't Be Dismissed

NEW YORK - The producer and distributor of the popular "Twilight" film series may proceed with allegations that a retailer infringed the "Twilight" trademarks with its "Twilight Woods" and "Twilight Crush" personal care products, a New York federal judge ruled March 21 (Bath & Body Works Brand Management Inc. v. Summit Entertainment LLC, No. 11-1594, S.D. N.Y.; 2014 U.S. Dist. LEXIS 37700).

Mealey's Bankruptcy - 'Girls Gone Wild' Trustee: Motion To Compel Surrender Of Property Should Be Denied

LOS ANGELES - The Chapter 11 trustee in the bankruptcy proceeding of GGW Brands LLC, the parent company for the producer of adult entertainment company that produces videos carrying the name "Girls Gone Wild," on March 6 filed a brief in the U.S. Bankruptcy Court for the Central District of California opposing a motion to compel GGW to surrender commercial property that operates as the company's office (In Re: GGW Brands LLC, No. 13-15130, Chapter 11, C.D. Calif. Bkcy.).

Mealey's IP/Tech - Copyright Allegations Can Be Amended, New York Federal Judge Rules

CENTRAL ISLIP, N.Y. - Allegations of copyright infringement levied against Black Entertainment Television (BET) Inc., Apple Inc. and others that aired a "bio-documentary" detailing a plaintiff's life story were dismissed Feb. 14 by a New York federal judge (Charles Williams v. Black Entertainment Television Inc. et al., No. 13-1459, E.D. N.Y.).

Mealey's Labor & Employment - New York Federal Judge: Court Retains Jurisdiction Over State Wage Claims

NEW YORK - A federal court has original jurisdiction over New York state law wage claims filed by a class of adult entertainers based on the Class Action Fairness Act (CAFA), a New York federal judge ruled Jan. 28 (Sabrina Hart, et al. v. Rick's NY Cabaret International, Inc., et al., No. 09-3043, S.D. N.Y.; 2014 U.S. Dist. LEXIS 10346).

Mealey's Banking & Finance - 'Girls Gone Wild' Founder: Marketing Division Wrongly Forced Into Bankruptcy

LOS ANGELES - The founder of bankrupt GGW Brands LLC, the producer of adult entertainment videos that carry the name "Girls Gone Wild," on Jan. 30 filed a brief in the U.S. District Court for the Central District of California contending that the bankruptcy court's decision to force its affiliate GGW Marketing LLC into Chapter 11 bankruptcy was not valid (R. Todd Neilson v. Path Media Holdings LLC, et al. $(In Re: GGW Brands LLC$), No. 13-07666, Chapter 11, C.D. Calif.).

Mealey's Litigation Procedure - New York Federal Judge: Court Retains Jurisdiction Over State Wage Claims

NEW YORK - A federal court has original jurisdiction over New York state law wage claims filed by a class of adult entertainers based on the Class Action Fairness Act (CAFA), a New York federal judge ruled Jan. 28 (Sabrina Hart, et al. v. Rick's NY Cabaret International, Inc., et al., No. 09-3043, S.D. N.Y.; 2014 U.S. Dist. LEXIS 10346).

Mealey's Bankruptcy - 'Girls Gone Wild' Founder: Marketing Division Wrongly Forced Into Bankruptcy

LOS ANGELES - The founder of bankrupt GGW Brands LLC, the producer of adult entertainment videos that carry the name "Girls Gone Wild," on Jan. 30 filed a brief in the U.S. District Court for the Central District of California contending that the bankruptcy court's decision to force its affiliate GGW Marketing LLC into Chapter 11 bankruptcy was not valid (R. Todd Neilson v. Path Media Holdings LLC, et al. [In Re: GGW Brands LLC], No. 13-07666, Chapter 11, C.D. Calif.).

'Girls Gone Wild' Trustee: 'Prompt' Asset Sale Needed In Light Of 'Interference'

LOS ANGELES - The trustee in the Chapter 11 bankruptcy case of GGW Brands LLC, the parent of the adult entertainment company that produces videos carrying the name "Girls Gone Wild," on Jan. 16 filed a status report in which he says he is pursuing a "prompt" asset sale process in light of "interference" by GGW's founder and president (In Re: GGW Brands LLC, No. 13-15130, Chapter 11, C.D. Calif. Bkcy.).

'Penthouse' Parent Company: Former Adviser's Claim For $3.43M Should Be Expunged

WILMINGTON, Del. - The adult entertainment company that produces material carrying the name "Penthouse" on Jan. 13 filed a brief in the U.S. Bankruptcy Court for the District of Delaware contending that claims asserted against its bankruptcy estate by its former financial adviser for $3,430,900 should be "denied and expunged" (In Re: PMGI Holdings Inc., No. 13-12404, Chapter 11, D. Del. Bkcy.).

9th Circuit Revives Competition Law Claims Involving Sony's PS3 'Other OS'

SAN FRANCISCO - Plaintiffs adequately allege that Sony Computer Entertainment America LLC's advertising that its PlayStation 3 would permit an "other OS" feature it eventually killed would confuse consumers, a Ninth Circuit U.S. Court of Appeals panel held Jan. 6 in reinstating California unfair competition law (UCL) claims (In re Sony PS3 'Other OS' Litigation, No. 11-18066, 9th Cir.).

'Penthouse' Reorganization Wrongly Releases Parties In IPO Action, Investors Say

WILMINGTON, Del. - A principal in an investment company that is the lead plaintiff in a class action against one of the affiliates of bankrupt PMGI Holdings Inc., the parent company of adult entertainment empire carrying the name "Penthouse," on Dec. 9 filed an objection to PMGI's plan of reorganization, contending that it improperly releases individuals responsible for violating securities laws during an initial public offering (IPO) of common stock (In Re: PMGI Holdings Inc., No. 13-12404, Chapter 11, D. Del. Bkcy.).

9th Circuit Reverses Injunction In Trademark Dispute Over 'The Platters'

SAN FRANCISCO - Although upholding a federal judge's finding that two defendants failed to meet their burden of proving trademark abandonment, the Ninth Circuit U.S. Court of Appeals on Dec. 2 nonetheless reversed a preliminary injunction barring those defendants from using "The Platters" trademark (Herb Reed Enterprises LLC v. Florida Entertainment Management Inc., No. 12-16868, 9th Cir.).

Warner Brothers Wins Dismissal Of Massachusetts Copyright Case

BOSTON - Allegations by a screenwriter that Warner Brothers Entertainment Inc. and Langley Park Pictures (Warner Brothers, collectively) will infringe his copyright were rejected Nov. 29 by a Massachusetts federal judge (Michael P. Kenney v. Warner Brothers Entertainment Inc., et al., No. 13-11068, D. Mass.).

Bankruptcy Judge: Attorney For 'Girls Gone Wild' Must Return $18,788 To Trustee

LOS ANGELES - The federal bankruptcy judge presiding over the Chapter 11 case of GGW Brands LLC, the adult entertainment company that produces videos carrying the name "Girls Gone Wild," on Nov. 20 ordered GGW's attorney to return $18,788 of a $20,000 retainer (In Re: GGW Brands LLC, No. 13-15130, Chapter 11, C.D. Calif. Bkcy.).

Magistrate Judge Denies Plaintiffs' Request For Evidentiary Sanctions

CHICAGO - A federal magistrate judge in Illinois on Nov. 12 refused to strike a defendant's answer and affirmative defenses to a breach of contract suit and denied a request to preclude the defendant from offering any evidence in support of his claims as a sanction for his failure to bring requested documents with him to his deposition (Robert P. Maher, et al. v. The Rowen Group Inc., d/b/a Playroom Entertainment, et al., No. 12 C 7169, N.D. Ill.; 2013 U.S. Dist. LEXIS 160939).