On behalf of Tom J. Manos, P.A. posted in Commercial Litigation on Friday, May 18, 2012
Given the vibrant economic climate and recreational opportunities in Miami, there are many luxury hotels to serve visitors to the area. Of course some of them are better appointed and managed than others. But one hotel management company was taken completely by surprise earlier this year when they were cast out by the owner of the hotel for alleged poor performance. After kicking the management company out, the owners installed a new management company to run the hotel.
But the former management company claims that the ouster was a complete surprise and has initiated commercial litigation alleging breach of contract by the owner. They specifically claim that they were never given written notice of any perceived problems nor any opportunity to correct any issues. The former management company also claims that the actions of the owner damaged their reputation.
On behalf of Tom J. Manos, P.A. posted in Contract Disputes on Wednesday, May 16, 2012
Paramount Pictures and the estate of author Mario Puzo are at odds over the publishing rights of the third book to follow the blockbuster novel, "The Godfather." Each party has filed a lawsuit, starting with litigation initiated last February by Paramount and followed in March by a countersuit filed by Anthony Puzo, the late author's son and executor.
The movie studio, owned by Viacom Inc., is reluctant to give up its perceived rights to a novel that kicked off one of the most successful and lucrative movies series of all time. Paramount wanted to halt this month's publication of "The Family Corleone," the third Godfather sequel. Studio officials said the book's release violated a contractual agreement the studio had with Mario Puzo that gave Paramount, not the author's estate, permission to authorize Godfather sequels.
On behalf of Tom J. Manos, P.A. posted in Intellectual Property on Friday, May 11, 2012
Even when a songwriter has completely finished writing a song it can be very difficult to tell whether or not it will be a commercial success. But it is long before the true value of a song is known that the author of the work has likely transferred the rights, it may have occurred before the writer ever even began.
In the 1970s copyright law was amended to provide creators of works of art "termination rights" after 35 years. Songs from the late 1975 are now passing the 35 year mark and subject to the exercise of termination rights that would allow the creators to reclaim them.
On behalf of Tom J. Manos, P.A. posted in Intellectual Property on Wednesday, May 9, 2012
The disheveled trench coat actor Humphrey Bogart wore in the fog-clouded last scenes of the 1942 movie "Casablanca" was made by the fashion company Burberry, based in England. Burberry recently created a social media website depicting the actor using a still photograph from the film, which may put the coat manufacturer in court.
Burberry wants a federal court to approve of the company's use of the trench-coat image in an online timeline. The late actor's heirs, who include Bogart's children and actress Lauren Bacall, filed a trademark infringement lawsuit against Burberry the same day.
The maker of the Bogart Burberry coat claims it has done no wrong. The coat maker apparently licensed the image it used from a photo agency. The clothing manufacturer stated it did not impinge on the rights or publicity rights of the Bogart Corporation and did not use the image to promote the sale of merchandise.
On behalf of Tom J. Manos, P.A. posted in Intellectual Property on Friday, May 4, 2012
A lawsuit against popular singer Selena Gomez (also widely known as Justin Bieber's girlfriend) accuses her of plagiarism in connection with a chorus in her 2010 recorded song "A Year Without Rain." The song is being used in an ad campaign planned for this month to promote a new Macys perfume fragrance.
The lawsuit was filed by a relatively unknown musical group called Luce, which contends that a chorus in her hit song was drawn from one they first used in "Buy A Dog," a 2005 single they released. They claim that the two choruses are almost identical. Approximately $1 million is reported to be at stake in the action. "A Year Without Rain" was released as the title track on Selena Gomez's second album. She regularly records with her own band, known as Selena Gomez & the Scene.
On behalf of Tom J. Manos, P.A. posted in Intellectual Property on Thursday, May 3, 2012
Different bands and labels may have a variety of approaches to how they manage their intellectual property. Everyone is familiar with the multitude of lawsuit filed by the RIAA against those suspected of illegally downloading music. Musicians not only put their heart and souls into their music, but for many of them it is their primary source of income. It is important that they are appropriately compensated by those whom consume their music.
While some artists and labels choose to vigorously protect their intellectual property, other musicians may prefer another approach. Regardless of how a rights owner chooses to manage their intellectual property, the keys factor is that they have the right to decide. That is why one band was very surprised when a lawsuit was filed in Florida seeking damages against individuals that had allegedly downloaded the band's music. The band had never even heard of the entity that filed the lawsuits.
On behalf of Tom J. Manos, P.A. posted in Business Torts on Thursday, April 26, 2012
A company filed a lawsuit against Black Velvet Entertainment and its chief, alleging that it falsely claimed to represent musicians and would book them for concerts. One of the singers the company said it represented was Kanye West.
In 2009, Black Velvet contacted the company and said that they would book a concert with Kanye West for $45,000. Eventually, Black Velvet "came clean" about not representing Kanye West, but would apply the money to book another concert. The company sent another $100,000 to Black Velvet for another concert, but learned that Black Velvet did not represent that singer, nor did it apply the $45,000 to the booking fee for the second concert.
On behalf of Tom J. Manos, P.A. posted in Commercial Litigation on Monday, April 23, 2012
National Football League wide receiver Randy Moss has made his way around the league and the country. He has used his remarkable athletic ability to make great plays on the field, often out-leaping and outrunning defenders for big plays. But off the field, Moss has not proven to be quite as fleet of foot, running into several obstacles that have not been as easy to overcome as an opposing cornerback.
As you may know, Moss spends the offseason training and working out South Florida. The Miami Herald reported recently that Moss has now filed a lawsuit against the owners of a barber shop in which he invested.
On behalf of Tom J. Manos, P.A. posted in Contract Disputes on Friday, April 20, 2012
Florida provides a great commercial filming industry, especially in areas that look like anywhere in America. In other words, houses that have no palm trees but have luscious lawns even during the winter months provide great location shoots for smaller contractors. Before a firm can shoot in a location, it must have permission from the owners of the property, or a lawsuit could ensue.
Most large film companies that use big-name actors and actresses generally create the scenes, but it could be cheaper for the smaller film studios to rent a home that fits their needs. The home the film studio chooses must look like it could be located anywhere in America -- the area should have oak trees, sunshine and even brick-lined roads.
On behalf of Tom J. Manos, P.A. posted in Contract Disputes on Monday, April 16, 2012
The NFL draft is set to start next week. While the Miami Dolphins will be among all the other teams jockeying for the best talent, once each team has made its picks a whole new round of negotiations begins as teams and players seek to come to an agreements regarding a contract. But these are not the only big money contracts associated with professional football. Licensing of team jerseys and other apparel is also big business.
Earlier this year, Reebok's long term deal with the NFL to make and sell team jerseys and other apparel expired. Nike is now the official apparel of the NFL. But Reebok's agreement allowed it to sell inventory that it had already produced but simply not sold at the time that the contract expired. One jersey that Reebok sold after the expiration of their licensing agreement was a Tim Tebow jersey with his new team, the Jets. The problem is that Tebow was not traded to the Jets until after the licensing agreement had expired.
