On June 8, 2015, the New York County Supreme Court dismissed with prejudice eight of twelve state law claims brought by a producer seeking damages for the purportedly unauthorized use of his music in a world-wide production of Peter Pan. Craig Barna and Bronsand Music Inc. v. Cathy Rigby, Tom McCoy, McCoy Rigby Entertainment, and … Continue Reading
The Fifth Circuit recently distinguished Second Circuit precedent in determining what scientific discourse may constitute false advertising. In Eastman Chemical Company v. Plastipure, Incorporated; Certichem, Incorporated, 2014 WL 7271384 (5th Cir. Dec. 22, 2014) (“Eastman Chemical”), plaintiff alleged that defendants made false scientific statements about plaintiff’s product, “Tritan,” following a scientific study of Tritan. Those … Continue Reading
Although trumpeted in the legal and fashion press as a major counterfeiting victory on summary judgment, absent the severe sanctions imposed on the defendants in River Light V, L.P. and Tory Burch LLC v. Lin & J International, Inc., 2014 WL 6850966 (S.D.N.Y. Dec. 4, 2014) (“Tory Burch”), plaintiffs might not have prevailed at all … Continue Reading
