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COVID-19 Insurance Coverage Affirmed for Cancellation of Tina Turner Musical
The New York Appellate Division, First Department, affirmed a New York County Supreme Court decision that "plaintiff's losses resulting from the cancellation of its Broadway show during the COVID-19 pandemic did not fall within the communicable disease exclusion in the insurance policy." The appellate court found: "[G]iving the exclusion a strict and narrow construction, and resolving any ambiguities against defendant, we find that it precluded from coverage losses resulting from quarantine or travel advisory orders issued by a national or international body or agency in response to a communicable disease … As plaintiff's losses stemmed from Executive Orders issued by the New York State Governor and New York City Mayor banning performances and gatherings in theaters, the exclusion did not apply." Tina Turner Musical LLC v. Chubb Insurance Company of Europe, 16804 (2022).
MTV Floribama Shore Overcomes Trademark Infringement Claim
The U.S. Court of Appeals for the Eleventh Circuit decided that the Jersey Shore reality series spin-off MTV Floribama Shore didn't infringe on the trademark for the plaintiffs' "Flora-Bama Lounge, Package and Oyster Bar" long located on the Florida-Alabama border. MGFB Properties Inc. v. Viacom Inc., 21-13458 (2022). Analyzing the Lanham Act (15 U.S.C. §1051 et seq.) issue under Rogers v. Grimaldi, 875 F.2d 994 (2d Cir. 1989), the Eleventh Circuit noted: "The relationship between the series title and the series content itself is well above the artistic relevance threshold. 'Floribama' describes the subculture profiled in the series and the geographic area exemplified by the subculture." The appeals court added: "Here, there is no evidence Defendants held the series out as endorsed or sponsored by Plaintiffs, nor did they explicitly state that the series was affiliated with Plaintiffs. To the contrary, Viacom chose a title that includes its own house mark (MTV) and the name of one of its iconic franchises (Shore).
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