K&C Sports & Entertainment Law Weekly Roundup (March 5, 2024)

Sports:

• One day, Name, Image and Likeness may pivot away from collectives and pivot toward university-based funding. At least one prominent athletic department is preparing for the possibility. The University of Tennessee, which earlier this year was dealing with an NCAA investigation in NIL and recruitment, is now preparing to build a non-profit that could pay its student-athletes salaries if the need arises. Tennessee Preparing Foundation for NIL Pay Model – FanNation
• A suburban Long Island school district challenging the New York State Board of Regents’ ban on using Indigenous names, mascots, and logos is pushing back against an anticipated bid to dismiss the suit. In a court filing Friday, the Massapequa Union Free School District, in response to a letter the state of New York filed in February requesting a conference on an anticipated motion to dismiss, said it has plausibly alleged the ban — known as Part 123 — is unlawfully vague and overbroad. School District Fights NY’s Bid To Ax Native Mascot Ban Suit – Law360
• Attorneys for four Iowa State athletes who had been charged in a sports wagering case said Monday it was alarming that the Iowa Department of Public Safety commissioner expressed disappointment that prosecutors decided to drop the case. A Story County judge granted the county attorney office’s motion Friday to dismiss all charges because the Division of Criminal Investigation was found to have misused tracking software that detected open mobile betting apps in ISU athletic facilities. Iowa State athletes’ lawyers scoff at investigation leader’s disappointment in gambling case ending – AP News
• New York Attorney General Letitia James demanded that Nassau County Executive Bruce Blakeman rescind a ban on transgender athletes from competing in women’s and girls’ sports, saying the ban was a “discriminatory and transphobic executive order,” according to a press release Friday. NY Attorney General sends cease-and-desist order to county executive over transgender sports ban – CNN

Entertainment:

MUSIC

• Donna Summer’s estate sued rappers Kanye West and Ty Dolla $ign in CA federal court, accusing them of sampling, without permission, the late legendary disco singer’s 1977 hit “I Feel Love” in their collaborative track “Good (Don’t Die),” which is featured on their joint album, Vultures 1. Donna Summer estate sues Ye and Ty Dolla $ign, saying they illegally used ‘I Feel Love’ | AP News
• A CA federal jury found that Supertramp’s co-founder did not breach a 1977 agreement to share his songwriting royalties with three former band members, ending a weeklong trial that revealed decades of resentment between the aging rockers who were one of the biggest bands of the late 1970s. Supertramp’s Roger Hodgson prevails in royalties suit brought by former bandmates | Courthouse News Service
• Eagles singer and lyricist Don Henley took the stand this week in the criminal case against three men who allegedly tried to sell what prosecutors say were the rock star’s stolen draft lyric sheets, telling a state judge he never wanted anyone to see his creative “detritus.” Don Henley testifies in trial over Eagles ‘Hotel California’ lyrics | AP News
• A CA federal judge refused to end a proposed securities class action alleging Live Nation made misleading statements about its operations when news of alleged anticompetitive practices with Ticketmaster caused stock prices to drop, finding the suit describes “a materially different state of affairs” than what Live Nation claimed. Live Nation Antitrust: Judge Declines to Dismiss Investor Lawsuit (hollywoodreporter.com)
• A producer who worked on Diddy’s latest album said that he was sexually assaulted and harassed by the rapper and his friends while living and working with him, and also witnessed Diddy providing “laced alcoholic beverages” to minors and sex workers, according to a lawsuit filed in NY federal court. Sean ‘Diddy’ Combs accused of sexual assault by male producer (bbc.com) Meanwhile, in a separate case, a woman who anonymously sued Diddy must reveal her identity as she continues to litigate her claims that he and his record label’s longtime president trafficked and raped her when she was a teenager, a NY federal judge has ruled. Sean ‘Diddy’ Combs’ Sexual Assault Accuser Can No Longer Remain Anonymous (people.com)
• The entity that owns the intellectual property of the musical group Earth, Wind & Fire asked a FL federal judge to grant it a win on trademark infringement claims against a concert producer and a promoter, arguing their “Legacy Reunion of Earth, Wind & Fire Alumni” concerts created significant marketplace confusion. Trademark dispute over Earth, Wind & Fire tribute shows back in court (completemusicupdate.com)

FILM & TELEVISION

• The writer behind the 1989 movie Road House sued Amazon in CA federal court, alleging the company ignored his copyright for the screenplay and rushed to finish the movie before the rights reverted to him by using AI. ‘Road House’ Writer Sues Amazon Over Remake, Alleges AI Used To Finish Movie (deadline.com)
• A 9^th Circuit panel refused to revive a proposed class action alleging Netflix contributed to a spike in child suicides by pushing its 13 Reasons Why series about a young girl’s suicide onto vulnerable teenagers, saying the lead plaintiff’s estate waited too long to sue. Ninth Circuit Dismisses Suit Against Netflix Over ’13 Reasons Why’… (bnnbreaking.com)
• Former Vanderpump Rules cast member Rachel Leviss leveled revenge porn and invasion of privacy claims at cast members Tom Sandoval and Ariana Madix, claiming that sexually explicit videos of her were recorded without her consent and then distributed amid the show’s viral “Scandoval” cheating scandal. ‘Vanderpump Rules’ Lawsuit: Rachel Leviss Sues Tom Sandoval, Ariana Madix (deadline.com)
• An IL federal judge threw out a lawsuit by a woman who claimed a Netflix documentary about Kanye West was defamatory because it had footage of her dancing while intoxicated, ruling that “holding up a mirror isn’t defamation,” even if it is unflattering. Kanye West Music Video Model Loses Lawsuit Over “Jeen-yuhs” (allhiphop.com)

MEANWHILE, IN HOLLYWOOD…

• Attorneys for Sofia Vergara and a construction company told a Los Angeles judge that they have agreed to arbitrate all but one of the company’s claims that the actress and her partner owe $1.7 million for property renovations at a $26 million CA mansion. Sofia Vergara, Contractor Near Arbitrating Most Of $1.7M Suit – Law360
• A CA federal judge has kept alive a costume merchant’s malicious prosecution claim against singer and reality TV star Erika Girardi, saying the merchant showed evidence that Girardi had him wrongfully arrested and prosecuted on made-up fraud charges. Erika Jayne Girardi loses bid to strike Secret Service conspiracy lawsuit | Reuters