LexisNexis® Legal Newsroom
“Extra Element” Victory on State Law Claims for White House/Black Market and Chico’s - FREE DOWNLOAD: Opinion - White House/Black Market, et al. v. Cache INC., et al.

On July 27th, Judge Paul G. Gardephe of the Southern District of New York granted White House/Black Market, Inc.'s motion to remand its suit against Cache, Inc., Rabia Farhang and Christine Broad [also referred to as Christine Board] to the New York Supreme Court. Plaintiffs brought claims for...

Ninth Circuit finds publicity claim preempted by Copyright Act and grants infringement standing to performer as company’s sole employee: Jules Jordan v. 144942 Canada Inc. (Aug. 16, 2010)

Gasper, an adult movie actor, was the president and sole shareholder of Jules Jordan Video (JJV), the creator of the videos in which Gasper appeared. Gasper and JJV filed a copyright action against defendants, alleging that they had copied and sold copyrighted adult DVDs owned by JJV or Gasper and...

9th Circuit Rejects Copyright Preemption of California Breach of Implied Contract/Breach of Confidence Claims; Reaffirms State Law Protections for Writers Submitting Material to Producers

Recently, the Ninth Circuit upheld breach of implied contract (a/k/a a Desny claim) and breach of confidence claims that were filed by plaintiffs, who had unsuccessfully pitched a ghost tracking series to defendant NBC. NBC, despite passing on plaintiffs' idea, produced a series entitled, Ghost...

Keller and Heckman LLP: FDCA and FDA REGS Preempt Lanham Act; Cal. Ad Law Clarified

The Ninth Circuit today [May 17] issued its long-awaited opinion in Pom Wonderful LLC v. The Coca Cola Co [ enhanced version available to lexis.com subscribers ].* BACKGROUND Pom marketed a pomegranate-blueberry juice blend. Coca Cola marketed a juice blend named and labeled as "Pomegranate...

New York Court Rejects Paramount’s Preemption Argument in “The Godfather” Copyright Case

The Southern District of New York recently refused to dismiss a breach of contract counterclaim asserted by the Estate of Mario Puzo against Paramount Pictures. Paramount Pictures Corp. v. Puzo, 2012 U.S. Dist. LEXIS 139827 (S.D.N.Y. Sept. 26, 2012) [ enhanced version available to lexis.com subscribers...