Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Entertainment Law & FinanceKickerFeaturesTopicsCommercial LawLitigationSectionsNewsLJN Newsletters

Bit Parts

By Stan Soocher

False Endorsement/No Preemption

The U.S. District Court for the Central District of California ruled that musician Jose Estrada's right-of-publicity claims under California common law and Calif. Civ. Code '3344 over the unauthorized use of his recording of his song “La Bamba” in a TV commercial and a TV program weren't preempted by the Copyright Act. Estrada v. Toyota Motor Sales U.S.A. Inc., CV 08-05992 GAF. “Indeed, the crux of Estrada's allegations is the false message, i.e., false endorsement, that the commercial engendered, not merely the reproduction and distribution of the song,” the district court noted in part. The court found, however, that Estrada must amend his '3344 claim to allege the defendants' “knowing use” and a “direct connection” of the use with the commercial purpose. The district court also ruled that Estrada, known as “Skeey,” could proceed with a false endorsement claim under '43(a) of the Lanham Act over the use of “La Bamba,” which he describes as his “signature song.”

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.