LexisNexis® Legal Newsroom
Mealey's Trade Secret - Magistrate Judge Recommends That Trade Secrets Complaint Be Substantially Denied

DENVER - A live-music and entertainment company cannot seek damages against its former employee for violation of Colorado's trade secret statute because, although it has shown that the former employee possessed the company's trade secret information and obtained it by improper means, it has failed to plead actual misappropriation, a federal magistrate judge in Colorado ruled June 14 in recommending that the defendant's motion to dismiss be granted in part and denied in part (KAABOOWorks Services LLC v. Brian Pilsl, No. 17-2530, D. Colo., 2018 U.S. Dist. LEXIS 99931).

Mealey's Litigation Procedure - Miramax, Disney, Others Sued By Class Of Women For Weinstein Assaults

NEW YORK - Miramax Film NY LLC, The Walt Disney Co., Disney Enterprises and others facilitated and concealed numerous sexual assaults and attempted sexual assaults by producer Harvey Weinstein, three woman who had or wanted to make deals in the entertainment industry allege in a class complaint filed June 1 in the U.S. District Court for the Southern District of New York (Caitlin Dulany, et al. v. Miramax Film NY LLC, et al., No. 18-4857, S.D. N.Y.).

Mealey's IP/Tech - California Federal Judge Denies Dismissal Of Copyright Dispute Over Bots

LOS ANGELES - In a 39-page order issued May 29, a California federal judge rejected efforts by the operators of alleged "bots" to obtain dismissal of copyright infringement allegations levied in connection with their mass purchase of tickets for live entertainment events (Ticketmaster L.L.C. v. Prestige Entertainment West Inc., et al., No. 17-7232, C.D. Calif., 2018 U.S. Dist. LEXIS 89347).

Mealey's IP/Tech - 9th Circuit Upholds Dismissal Of Trademark Dispute Over 'Sqrat'

SAN FRANCISCO - In an April 25 holding, the Ninth Circuit U.S. Court of Appeals ruled in favor of Fox Entertainment Group Inc., upholding a dismissal by a California federal judge of allegations that the film studio infringed trademark rights in a half-squirrel, half-rat character known as "Sqrat" (Ivy Silberstein and Silberstein & Silberstein LLC v. Fox Entertainment Group Inc., et al., No. 16-55318, 9th Cir., 2018 U.S. App. LEXIS 10447).

Mealey's Antitrust/Unfair Competition - Judge Allows Investor To Amend UCL, Fraud Complaint To Add Defendant

SAN DIEGO - After finding that there was no undue delay by an investor who alleges that the manager of a nightclub development company violated California's unfair competition law (UCL) and committed securities fraud by inducing him into investing money for the development of a club, a California federal judge on Feb. 21 granted him leave to amend his complaint to name another manager as a defendant (Matthias Mueller v. San Diego Entertainment Partners LLC, et al., No. 16cv2997, S.D. Calif., 2018 U.S. Dist. LEXIS 28013).

Mealey's IP/Tech - Missouri Federal Judge Dismisses Service Mark Claims By Karaoke Company

ST. LOUIS - Allegations of service mark infringement against four defendants were dismissed by a Missouri federal judge on Jan. 23, based upon findings that a karaoke licensing company is unlikely to succeed on the merits of its claims (Phoenix Entertainment Partners LLC v. Sports Legends LLC, et al., No. 17-1209, E.D. Mo., 2018 U.S. Dist. LEXIS 10381).

Mealey's IP/Tech - 11th Circuit Affirms: Former Member Has No Right To 'Commodores' Mark

ATLANTA - The 11th Circuit U.S. Court of Appeals on Jan. 9 found that when Thomas McClary departed the Grammy Award-winning band The Commodores in 1984, he forfeited his common-law rights to use and profit from "The Commodores" trademark (Commodores Entertainment Corporation v. Thomas McClary, et al., No. 16-15794, 11th Cir., 2018 U.S. App. LEXIS 518).

Mealey's PI/Product Liability - Louisiana Appeals Panel Affirms Summary Judgment In Hotel Slip And Fall Suit

SHREVEPORT, La. - A panel of the Second Circuit Louisiana Court of Appeal on Dec. 13 affirmed a trial court's decision to grant summary judgment to hotel in a suit where a woman who injured herself in her room's bathroom after being scared at seeing an infestation of ants because the woman could not prove that the hotel knew or should have known about the infestation (Deborah Kennedy v. Red River Entertainment of Shreveport LLC, No. 51,760-CA, La. App., 2nd Cir., 2017 La. App. LEXIS 2317).

Mealey's Litigation Procedure - Adult Film Firm May Subpoena ISP For File Sharer's Identity

SAN DIEGO - An adult entertainment firm has sufficiently established a prima facie copyright infringement case against a John Doe online file sharer, a California federal magistrate ruled Dec. 7, granting the plaintiff's motion to conduct expedited discovery on the Doe's internet service provider (ISP) to identify the defendant for litigation purposes (Strike 3 Holdings LLC v. John Doe, No. 3:17-cv-02312, S.D. Calif.).

Mealey's IP/Tech - Adult Film Firm May Subpoena ISP For File Sharer's Identity

SAN DIEGO - An adult entertainment firm has sufficiently established a prima facie copyright infringement case against a John Doe online file sharer, a California federal magistrate ruled Dec. 7, granting the plaintiff's motion to conduct expedited discovery on the Doe's internet service provider (ISP) to identify the defendant for litigation purposes (Strike 3 Holdings LLC v. John Doe, No. 3:17-cv-02312, S.D. Calif.).

Mealey's Litigation Procedure - Dave & Buster's $7.4M ERISA Settlement Denied By New York Federal Judge

NEW YORK - A New York federal judge, in an order filed Dec. 1, declined preliminary approval of a class settlement worth up to $7,425,000 offered by Dave & Buster's Inc. to end claims that the nationwide restaurant/entertainment chain violated the Employee Retirement Income Security Act by reducing the hours of its work force in 2013 to avoid the costs associated with providing health insurance to its full-time employees in compliance with the Patient Protection and Affordable Care Act (ACA) (Maria De Lourdes Parra Marin v. Dave & Buster's, Inc., et al., No. 15-3608, S.D. N.Y.).

Mealey's Health Law - Dave & Buster's $7.4M ERISA Settlement Denied By New York Federal Judge

NEW YORK - A New York federal judge, in an order filed Dec. 1, declined preliminary approval of a class settlement worth up to $7,425,000 offered by Dave & Buster's Inc. to end claims that the nationwide restaurant/entertainment chain violated the Employee Retirement Income Security Act by reducing the hours of its work force in 2013 to avoid the costs associated with providing health insurance to its full-time employees in compliance with the Patient Protection and Affordable Care Act (ACA) (Maria De Lourdes Parra Marin v. Dave & Buster's, Inc., et al., No. 15-3608, S.D. N.Y.).

Mealey's Labor & Employment - Dave & Buster's $7.4M ERISA Settlement Denied By New York Federal Judge

NEW YORK - A New York federal judge, in an order filed Dec. 1, declined preliminary approval of a class settlement worth up to $7,425,000 offered by Dave & Buster's Inc. to end claims that the nationwide restaurant/entertainment chain violated the Employee Retirement Income Security Act by reducing the hours of its work force in 2013 to avoid the costs associated with providing health insurance to its full-time employees in compliance with the Patient Protection and Affordable Care Act (ACA) (Maria De Lourdes Parra Marin v. Dave & Buster's, Inc., et al., No. 15-3608, S.D. N.Y.).

Mealey's Litigation Procedure - Judge Certifies Investor Class In Securities Suit Against SeaWorld, Others

SAN DIEGO - Lead plaintiffs in a securities class action lawsuit against SeaWorld Entertainment Inc. and certain of its current and former executive officers over their alleged concealment of the negative impact the document "Blackfish" had on the company's business and financial condition have met all statutory requirements to certify the class of investors, a federal judge in California ruled Nov. 29 in certifying the class (Lou Baker v. SeaWorld Entertainment Inc., et al., No. 14-2129, S.D. Calif., 2017 U.S. Dist. LEXIS 196235).

Mealey's Insurance - Judge Certifies Investor Class In Securities Suit Against SeaWorld, Others

SAN DIEGO - Lead plaintiffs in a securities class action lawsuit against SeaWorld Entertainment Inc. and certain of its current and former executive officers over their alleged concealment of the negative impact the document "Blackfish" had on the company's business and financial condition have met all statutory requirements to certify the class of investors, a federal judge in California ruled Nov. 29 in certifying the class (Lou Baker v. SeaWorld Entertainment Inc., et al., No. 14-2129, S.D. Calif., 2017 U.S. Dist. LEXIS 196235).

Mealey's PI/Product Liability - Judge: No Coverage For Claims Alleging HIV Infection From Adult Film Work

OAKLAND, Calif. - A California federal judge on Nov. 27 found that the State Insurance Compensation Fund has no duty to defend against underlying claims that adult film stars became infected with the human immunodeficiency virus (HIV) while they were performing in films that were being produced by the insured, finding that the non-intentional tort claims are preempted by the exclusive remedy provision of workers' compensation and the intentional tort claims are barred under a policy exclusion (Seneca Insurance Company Inc. v. Cybernet Entertainment LLC, et al., No. 16-06554, N.D. Calif., 2017 U.S. Dist. LEXIS 194441).

Mealey's Insurance - Judge: No Coverage For Claims Alleging HIV Infection From Adult Film Work

OAKLAND, Calif. - A California federal judge on Nov. 27 found that the State Insurance Compensation Fund has no duty to defend against underlying claims that adult film stars became infected with the human immunodeficiency virus (HIV) while they were performing in films that were being produced by the insured, finding that the non-intentional tort claims are preempted by the exclusive remedy provision of workers' compensation and the intentional tort claims are barred under a policy exclusion (Seneca Insurance Company Inc. v. Cybernet Entertainment LLC, et al., No. 16-06554, N.D. Calif., 2017 U.S. Dist. LEXIS 194441).

Mealey's Securities/D&O Liability - Judge Refuses To Dismiss Securities, UCL Claims Asserted By Club Investor

SAN DIEGO - After finding that the manager of a nightclub development company fraudulently induced an investor into investing money for the development of a new club, a California federal judge on Aug. 7 refused to dismiss the investor's claims for violation of California's unfair competition law (UCL) and securities fraud (Matthias Mueller v. San Diego Entertainment Partners LLC, et al., No. 16cv2997, S.D. Calif., 2017 U.S. Dist. LEXIS 77643).

Mealey's Antitrust/Unfair Competition - Judge Refuses To Dismiss Securities, UCL Claims Asserted By Club Investor

SAN DIEGO - After finding that the manager of a nightclub development company fraudulently induced an investor into investing money for the development of a new club, a California federal judge on Aug. 7 refused to dismiss the investor's claims for violation of California's unfair competition law (UCL) and securities fraud (Matthias Mueller v. San Diego Entertainment Partners LLC, et al., No. 16cv2997, S.D. Calif., 2017 U.S. Dist. LEXIS 77643).

Mealey's Insurance - Panel Says It Lacks Jurisdiction To EntertainAppeal Of Hurricane Wilma Suit

MIAMI - A Florida appeals panel on July 26 held that it lacks jurisdiction to hear a homeowners insurer's appeal of a Hurricane Wilma coverage dispute, dismissing the appeal (Gulfstream Property & Casualty Insurance Co. v. David Coley, No. 3D16-885, Fla. App., 3rd Dist., 2017 Fla. App. LEXIS 10651).

Mealey's IP/Tech - Panel: Complaint Against Digital Media Firm Properly Struck Under Anti-SLAPP Law

LOS ANGELES - Finding that an online entertainment company's trade libel suit against a digital media firm was based directly on the contents of its communications, a California appeals panel on June 29 affirmed a trial court's ruling striking the suit under the state's Strategic Lawsuit Against Public Participation statute (anti-SLAPP statute), also finding that underlying issues of internet copyright and adult content were matters of public interest that merited protection under the statute (FilmOn.com v. DoubleVerify Inc., No. B264074, Calif. App., 2nd Dist., 2017 Cal. App. Unpub. LEXIS 4477).

Mealey's Labor & Employment - Split 6th Circuit Affirms NLRB Ruling Rejecting Arbitration Agreement

CINCINNATI - A split Sixth Circuit U.S. Court of Appeals panel on May 25 upheld a ruling by the National Labor Relations Board (NLRB), which found that an employer violated the National Labor Relations Act (NLRA) by requiring employees to sign off on an agreement that barred them from pursuing class action litigation or collective arbitration of work-related claims (National Labor Relations Board v. Alternative Entertainment, Inc., No. 16-1385, 6th Cir., 2017 U.S. App. LEXIS 9272).

Mealey's Antitrust/Unfair Competition - 9th Circuit Affirms Dismissal Of Conspiracy Claims Against Regal Entertainment

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on May 23 affirmed a district court's dismissal of claims asserted by a movie theater owner against a competitor, finding that since its claims for violation of the Cartwright Act failed, its other causes of action for violation of California's unfair competition law (UCL) and interference also failed (Starlight Cinemas v. Regal Entertainment Group, No. 15-55217, 9th Cir., 2017 U.S. App. LEXIS 8978).

Mealey's Securities/D&O Liability - Judge Dismisses Securities Claims Related To Allegedly Fraudulent Club Investment

SAN DIEGO - A California federal judge on May 22 dismissed an investor's claims for violation of California's unfair competition law (UCL) and securities laws, finding that he failed to show that he was fraudulently induced into investing in the development of a nightclub (Matthias Mueller v. San Diego Entertainment Partners LLC, et al., No. 16cv2997, S.D. Calif., 2017 U.S. Dist. LEXIS 77643).

Mealey's Antitrust/Unfair Competition - Judge Dismisses Securities Claims Related To Allegedly Fraudulent Club Investment

SAN DIEGO - A California federal judge on May 22 dismissed an investor's claims for violation of California's unfair competition law (UCL) and securities laws, finding that he failed to show that he was fraudulently induced into investing in the development of a nightclub (Matthias Mueller v. San Diego Entertainment Partners LLC, et al., No. 16cv2997, S.D. Calif., 2017 U.S. Dist. LEXIS 77643).