Imagine the following scenario taking place on the world stage:

Scene 1: Employees of one of the world’s largest oil companies are found to be in league with a right-wing film producer in an effort to produce a documentary aimed at helping the company fend off a lawsuit in a third-world country’s court that, if lost, could cost the company more than U.S. $100 million.

Scene 2: New York-based lawyers, said to be working on behalf of thousands of poor plaintiffs in their suit against the oil company, ask a U.S. federal court judge to order the right-wing film producer to provide his court with outtakes from the documentary, and the judge says, “Yes.”

Scene 3: Recognizing that the outtakes are now part of the official court record, members of the news media request copies of them. In turn, the federal judge orders that copies of the outtakes should not only be provided to members of the media requesting them but to members of the general public.

Scene 4: After obtaining the outtakes, members of the media spend countless hours airing video snippets, painting the “Big Oil” company in the worst light possible and, in so doing, aiding and abetting the plaintiffs in the lawsuit.

Unfortunately, a real-world scenario diametrically opposite the one described above seems to be taking place now. Below is a list of the players involved: (more…)

Since when can you be sued for using a font? The Vandals, an L.A. based punk band, learned the answer to this question when they parodied Variety’s iconic logo for their 2004 album “Hollywood Potato Chip.” The word Variety, or a newspaper image was nowhere to be found. The Vandals weren’t mocking Variety in any way. The album cover merely used a font similar to Variety’s logo, as an example of Hollywood-ism. Perhaps if they had used the Hollywood sign’s Helvetica font instead, they might have got away with it. But Variety sent them a cease-and-desist letter claiming trademark infringement.

At their own expense, the Vandals had the cover replaced with one that didn’t use the offending font. Everything was hunky-dory until March 24th when the Vandals were hit with a lawsuit filed in the Delaware courts. According to The Wrap, Henry Horbaczewski, counsel for Variety’s owner said: “We sued them, and they accepted a settlement agreement in which they promised to stop misusing our mark, because we wanted to stop the misuse, not their money. They then ignored their agreement.”

Here’s the problem, the Vandals changed the art. But copies of the old cover art are floating around somewhere on the net, which is nigh impossible to redact. In fact, the very article I linked to shows the old and new covers. Variety isn’t willing to reveal where this infringement took place. So this is essentially a nuisance/intimidation suit, the kind meant to squeeze money from some soft targets who can ill afford an extensive legal battle that they would probably win. Since lawsuits are usually unpredictable, most people settle. Which is something sue happy sharks have known for years. That’s why there are so many frivolous lawsuits in the land. Usually it’s individuals going after companies for some coin. (more…)

Press Release:

Plaintiff, Master Sgt. Jeffrey S. Sarver, is, in fact, the film’s main character “Will James” or “Blaster One” [which was Master Sgt. Sarver's "call signal" during his tours of duty in Iraq]. 

Screenwriter Mark Boal with Director Katherine Bigelow

The suit alleges that the screenwriter of “The Hurt Locker,” Mark Boal, was allowed, as part of an armed services press program, to be embedded in Master Sgt. Sarver’s unit. Virtually all of the situations portrayed in the film were, in fact, occurrences involving Master Sgt. Sarver that were observed and documented by Screenwriter Boal.  Master Sgt. Sarver also coined the phrase, “The Hurt Locker” for Boal.

Ultimately, a magazine article about Master Sgt. Sarver, written by Screenwriter Boal, appeared in Playboy Magazine. That story was later adapted by Boal for the screenplay of “The Hurt Locker.” The suit alleges that the film’s makers falsely claim that the characters portrayed in the film are fictional when, in fact, the film’s main character “Will James,” IS Master Sgt. Sarver. (more…)

RANCHO SANTA FE, CA – Carrie Prejean’s attorney, Charles S. LiMandri announced today that the former Miss California USA is filing a complaint in the Superior Court of California against Miss California USA officials Keith Lewis and Shanna Moakler, and publicist Roger Neal.  The complaint cites damages to Miss Prejean including libel, public disclosure of private facts, religious discrimination, intentional infliction of emotional distress, and negligent infliction of emotional distress.  

Miss Prejean was fired from her role as Miss California USA in June of this year, following several months of controversy over her answer at the Miss USA pageant regarding same-sex marriage. Lewis claimed Miss Prejean’s termination was due to a violation of contract.  Miss Prejean’s complaint will refute that allegation, and demonstrate that both the chronology and factual evidence clearly show she lived up to all her contractual obligations, but was fired, harassed and publicly attacked solely due to her religious beliefs. 

Charles S. LiMandri, attorney for Miss Prejean, released the following statement regarding the complaint:  (more…)

Nobody wants to be mocked.  And if you’re a rock star, surrounded by sycophants for the better part of 35 years, it must be especially hard to deal with being mocked.  It makes sense, then, that Don Henley does not like the parody of his song “Boys of Summer,” penned by Chuck DeVore, a Republican candidate for the U.S. Senate, and Justin Hart, his advisor.  But Henley’s copyright-infringement lawsuit is far bigger than one rock star or his feelings.  Henley’s lawsuit undermines the First Amendment right to speak freely.  

Don Henley makes no effort to hide his political leanings.  In addition to performing at scores of fundraisers, Henley has given about $750,000 to partisan, liberal causes, including $10,000 to Barack Obama and $9,000 to DeVore’s soon-to-be opponent, Barbara Boxer.  Henley also exploits his music to advance a liberal, political agenda. 

Henley’s “Boys of Summer” is no exception.  On the surface, “Boys of Summer” is a wistful look at an old romance, a fling between two kids, now grown, who have moved on with their lives.  But the song also has a clear political message.  Henley says that the second verse of the song-the one with the famous line about seeing “a Dead Head sticker on a Cadillac”-was about the essential failure of Sixties’ politics: “I don’t think we changed a damn thing, frankly….  After all our marching and shouting and screaming didn’t work, we withdrew and became yuppies and got into the Me Decade.”  (more…)

Since yesterday evening, when news of lawsuit filed against me by aging liberal rockers Don Henley and Mike Campbell first broke, online comments to me have been running hot and heavy.  Fairly emblematic of the “fan” mail: “i hope you get in a car wreck and die.” 

Understanding that the DailyKos crowd can never be quieted (save for my untimely demise in a speeding vehicle), I do think it important to set forth what we did with the two parody songs I wrote to be sung in style of Don Henley’s works. 

 
I penned “After the Hope of November is Gone” based on Mr. Henley’s “The Boys of Summer” with parodic eye.  One can clearly see my intended skewering of Henley and his ilk’s well known liberalism in the lines:  (more…)