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Lawsuit

FOX News Loses Copyright Lawsuit Against TVEyes

fox-news-occupy-wall-street-occupysomething

Last July, the head honchos at FOX News caught an ill wind blowing about a Connecticut-based company called TVEyes, which was recording snippets of the network and selling it to others. They were like any other media clipping service, but because people used TVEyes’ product to criticize FOX News, Rupert Murdoch wanted to shut ‘em down.

The lawsuit accuses TVEyes of misappropriating “the entirety of the works that Fox News has developed at great expense and to reproduce, to distribute, to publicly perform and/or to publicly display verbatim copies of the works” without authorization.

And in the spirit of Public Enemy, the company decided to “Fight the Power.” Fast forward to yesterday when TVEyes did the unthinkable: They ‘brought the noise’ and beat FOX News.

Here’s what happened. Read more

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Of Mice and Men: Disney Prevents Deadmau5 From Trademarking Two Peculiar Ears

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From the “What in the world took so long” department, today brings us some legal ruminations via one successful trance music prodigy named Deadmau5. To his parents, the rodent-monikered dance hall wunderkind is Joel Zimmerman of Toronto, Ontario, Canada. To the rest of us, he wears a mouse head and two digitally enhanced ears.

For more than a decade, this has been Zimmerman’s shtick — he shows up in concert, never to be seen sans mouse head, and plays his curly tail off. Oh sure, there is a stark similarity between his outfit and that of another notable mouse, but nothing has been said. Not once, until now.

Finally.

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People Magazine Sued for Discrimination

whitetalkblacktalkOften in the hallways of schools or reality TV, you will hear some dolt saying something that involves little intelligence, like, “Man, she doesn’t sound black.

As if someone who sounds black must reverberate like Barry White. Conversely, someone who “sounds white” should have a douchey resonance, speak in text lingo, and use the word “bro” without a hint of irony.

You wonder why we bring this up? Enter into the fray People magazine, which used the topic to earn itself a nice lawsuit. Read more

Will the YouTube/Michelle Phan Lawsuit Change the Influencer Game?

Michelle Phan

In case you missed it: Michelle Phan, the “make-up demonstrator and entrepreneur” who became a prime influencer by posting short YouTube videos with titles like “Beach Beauty Essentials” and “How to Take the Perfect Selfie”–and earning nearly seven million followers in the process–got sued last week.

The suit, which could be worth several million dollars, stemmed from the fact that Phan allegedly used music by Ultra Records artist Kaskade in her clips without permission.

Phan is at the forefront of the social media influencer movement, earning more than $5 million in 2012 thanks to brand deals and appearing in ads for YouTube itself. The suit filed against her marks something of a first and raises some big questions about the future of one of the hottest trends in marketing.

Will it change the way the influencer game works?

Eric Dahan, the CEO of Instabrand.com, who spoke to us about using influencers to market to Millennials last month, has some thoughts after the jump.

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FedEx Responds to Indictment for Shipping Items From Illegal Online Pharmacies

fedex truckFedEx is facing a 15-count indictment including a conspiracy to distribute controlled substances charge, stemming from allegations the shipping company did not heed warnings from US drug officials that illegal online pharmacies were using the company’s services to ship prescription drugs. FedEx SVP Patrick Fitzgerald says the company will plead not guilty.

According to the indictment, FedEx had been warned as far back as 2004 about these illegal online pharmacies. “In one instance,” reports The New York Times, “FedEx knew the Drug Enforcement Administration had shut down one pharmacy, but continued to ship packages from its affiliates.” The company is accused of coming up with other ways to get these packages to recipients, including deliveries to parking lots and vacant homes.

Fitzgerald posted an extended response to the indictment on the FedEx website, using a hot keyword in its defense: “privacy.”

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Fan Caught Sleeping through Yankees/Red Sox Game Sues MLB and ESPN for $10 Million

Yankees fan caught sleeping suing ESPN for $10 million | New York Post

It’s embarrassing to be caught with your pants down (or, in this case, your very droopy eyelids), but one baseball fan who caught some flack for catching some Z’s at a recent Yankees vs. Red Sox game isn’t taking the criticism lying down — perhaps because he sleeps sitting up.

During a recent game between the two rival teams, Yankees fan Andrew Rector was filmed snoozing in his seat at Yankee Stadium. In response, Rector has filed a $10 million defamation suit against the team, ESPN and the MLB, stating that the ESPN commentators who covered the game — Dan Shulman and John Kruk — hurled an “avalanche of disparaging words” in his direction.

According to Rector’s typo-filled suit, Shulman and Kruk’s nationally-broadcasted “false statements” include suggestions that Rector is “not worthy” to be a Yankee fan, “is a fatty cow that need two seats at all time and represent symbol of failure,” and is “a confused individual that neither understands nor knows anything about history and the meaning of rivalry between Red Sox and New York Yankee.” Read more

Lawsuit Blames Woman’s Injuries on ‘Shocking and Menacing’ Dexter Ad

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We thought Dexter‘s MO was to generally avoid harming the innocent, but one woman is claiming otherwise.

In a lawsuit that names Showtime, The City of New York, and The Manhattan Transportation Authority, Ajanaffy Njewadda asserts that her recent tumble down a flight of stairs at the Grand Central subway terminal — which resulted in a concussion and a broken ankle — was caused by the “shocking and menacing” ad for “Dexter” that was plastered to the stairs at the time.

Njewadda claims that the image of actor Michael C. Hall with his face wrapped in cellophane startled her so badly that she lost her footing and fell, sustaining the injuries.

To be honest, ever since we told you about the TNT/Purell ads urging subway riders to avoid becoming victims of a (fictional) global pandemic, we were kind of wondering when someone would freak out about one of the over-the-top brand takeovers that have been happening in the Grand Central Terminal — we just didn’t expect it to be one we had already completely forgotten about.

U.S. Patent Office Kills Washington Football Team’s Trademark Status

Tampa Bay Buccaneers v Washington RedskinsThe unofficial “People vs. Daniel Snyder” case continued its devolution today with news that the U.S. Patent Office had withdrawn the registration belonging to They-Who-Must-Not-Be-Named.

This means that the team no longer has exclusive rights to its name or trademark (pending appeals that will probably never end).

So even if/when Snyder’s team bows to popular pressure and changes the name, some “Dukes of Hazzard” types will be able to produce and profit from related merchandise without suffering under the full force of the law. We look forward to calling them “bootleggers.”

The board’s bold statement after the jump.

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THIS JUST IN: Canadian Supreme Court Hearts Internet Trolls

THIS JUST IN 2Discussions about offering the full slate of human rights to certain undesirables began with prisoners. Then, the debate extended to deadbeat dads. A small group of people began using that argument for reality stars.

And now, that heated discussion has Internet trolls in its cross hairs. They create a fake profile, use a fake email, keep the egg head avatar, develop a catchy name like “YourMom” and proceed to hurl hate bombs in your direction.

Today, even the worst trolls have a home. If you want to travel north of the border, don’t get those Canucks miffed because the Canadian Supreme Court could care less about your feelers or their anonymity.

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Detroit’s Gamble Could Be the PR Move Motor City Needs

motor city casino

Is this Detroit’s final bet for a fixed city?

Back in December, we brought you a story concerning the dire need for PR in Detroit. A plea to the public may be the only thing to rescue this once thriving epicenter of commerce and really fine music.

The government has failed it. The auto industry has failed it. And now the folks of Detroit are $18 million in debt with only one ironic source of hope — gambling.

According to the Wall Street JournalDetroit’s three casinos pull in some nice coin, which is what was offered as collateral in the 2009 negotiations with some big banks to secure lower interest rates on its excruciating debt. And that forces us to re-ask the same question: where is the PR?

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