entertainment & related media: matters
Two Week Federal Trial - Trademark Infringement
Represented Ultra Enterprises, Inc. in a federal law suit against the largest independent electronic dance music ("EDM") record label in a trademark infringement and breach of contract action in the U.S. District Court for the Southern District of New York. Ultra Enterprises, Inc. is the owner of the trademark for the Ultra Music Festival, the award-winning Miami electronic dance music festival; the UMF Ibiza music festival; the UMF Brazil music festival; and other UMF events. After cross-examining the defendant's CEO and expert witness and delivering the closing arguments in a two week jury trial, the parties settled on very favorable business terms to our client that allow our client to use its protected marks world-wide, and creates an opportunity for the parties involved in the case to move forward and work together on future business endeavors.
1960's Singing Group - Trademark Infringement
Kelly v. Duprees MJA, LLC, 2012 U.S. Dist. LEXIS 40597 (D. N.J. March 23, 2012). Represented the Estate of Michael Arnone, a co-founder of the famous 1960's vocal harmony group The Duprees, and its assignee, Duprees MJA, in obtaining summary judgment dismissing all claims alleging fraud on the USPTO, common law trademark infringement and violation of the New Jersey "Truth in Music" Act. The case was brought by a former singer who had joined the Duprees group in 1964, two years after they already had their first major hits, and left the group in the late 1970s, never to perform again. The dismissal on the merits brings to a close a six-year battle over the rights to the DUPREES name and rejects the notion that early members of a performing group can claim rights in the group's name if they abandon the group without securing a partnership agreement to the contrary or a license.
Top Rank - Julio Cesar Chavez v. Sergio Martinez WBC
Representation of Top Rank in the Julio Cesar Chavez v. Sergio Martinez WBC middleweight championship bout held September 15, 2012 at the Thomas & Mack Center in Las Vegas and telecast on HBO pay-per-view.
Top Rank - Telecast Contracts
Legal representation of TopRank.TV including contracting with athletes and arenas, TV broadcasters, Home BOX Office and foreign broadcasters for live telecasts in all media including internet and online.
Plainfield Asset Management - Wake Music Catalog
Representation of Plainfield in selling the Wake Music Catalog—a catalog of approximately 4,000 songs, including hits by Jennifer Lopez and other internationally renowned recording artists.
Documentary Film - Copyright Infringement
Representation of the producers and director of a documentary film in an action for copyright infringement tied to the use of certain pre and post 1972 sound recordings as background music under public television compulsory license provisions of the Copyright Act. We negotiated an early settlement that was satisfactory to our clients with no economic impact.
Legends Hospitality LLC - Senior Secured Credit Facility
Representation of Legends Hospitality, LLC and Legends Premium Sales, LLC in connection with their senior secured credit facility consisting of a term loan and a revolving credit facility with a letter of credit and swing line subfacilities. Legends Hospitality provides sports and entertainment venues with food, beverage, merchandise and other hospitality services.
Yankee Global Enterprises LLC - Refinancing
Representation of Yankee Global Enterprises LLC in refinancing its senior credit facility consisting of a term loan and a revolving line of credit. Yankee Global Enterprises LLC is a holding company that invests in media and sports related businesses, including the New York Yankees.
Commercial Bank - Creative Unsecured Debt Restructuring
Representation of the private bank division of a major U.S. commercial bank in the restructuring of two unsecured loans to a famous Hollywood producer. We are securing a portion of the debt and creating documentation designed to generate cash to reduce the bank's exposure.
Representation of Legends Hospitality LLC—a joint venture among the Yankees, Dallas Cowboys and two private equity firms—in setting up business operations (which include running concession services at stadiums, arenas and other large venues), obtaining necessary permits and authorizations in the states in which it will provide these services, including New York, New Jersey, Pennsylvania, Texas and Florida, and protecting its intellectual property rights.
Top Rank - Television Deal
Representation of Top Rank, Inc. in negotiating and concluding an agreement for Fox Sports to televise a new boxing series, "Top Rank Live." The series features fight cards from around the U.S. and Mexico three times per month on Fox Sports en Español, with at least one event per month being carried by Fox Sports Net and its regional sports network affiliates.
Private Equity Fund - Music Industry Deal Restructuring
Representation of a private equity fund in the comprehensive restructuring of the acquisition financing for a music catalog. The restructuring involves the purchase of a music catalog in satisfaction of acquisition financing obligations, and also the funding of a music developer's participation in a new joint venture.
Top Rank - Miguel Cotto v. Antonio Margarito
Representation of Top Rank in the Miguel Cotto v. Antonio Margarito WBA welterweight championship, MGM Grand, Las Vegas, July 26, 2008, distributed by HBO Pay-Per-View Telecast.
Top Rank - Manny Pacquiao v. David Diaz
Representation of Top Rank in the Manny Pacquiao v. David Diaz WBC lightweight championship bout, Mandalay Bay Resort & Casino, Las Vegas, June 28, 2008, distributed by HBO Pay-Per-View Telecast.
Top Rank - Kelly Pavlik v. Gary Lockett
Representation of Top Rank in the Kelly Pavlik v. Gary Lockett WBC/WBO middleweight championship bout, Boardwalk Hall, Atlantic City, June 7, 2008, distributed by HBO Championship Boxing.
Sports Technologies - Joint Venture with Sports Illustrated
Outside general counsel to a joint venture between Sports Technologies, Sports Illustrated and Time Inc. Interactive. The joint venture was formed in connection with the sale of FanNation.com to Sports Illustrated to develop other related properties and technologies.
British Artist - Digital Copyright Infringement
Representation of a major British contemporary artist in shutting down websites hosted from within the US, including through issuance of DMCA "take down" notices, that display unauthorized copyrighted images and offer to make unauthorized reproductions of his works
Talent Management Services - Former Employee/Shareholder Litigation
Representation of a global recruitment and talent management services provider in litigation commenced by a former employee/shareholder claiming wrongful termination, fraud and damages in connection with the sale of the company subsequent to the employee's departure.
SportsNet New York - Term Loan Facility
Representation of a major regional sports network in a $200 million syndicated term loan facility and related joint venture matters with its two major cable television joint venture partners.
Investment Bank - Music Publisher Acquisition
Representation of an investment bank in its potential acquisition of a major music publishing company - the largest transaction in the history of the music publishing industry.
Joan Dangerfield - Ownership Dispute
Representation of Joan Dangerfield, widow of Rodney Dangerfield, in recovering her equity interest in her deceased husband’s corporation, the comedy nightclub Dangerfield’s.
Hedge Fund - Music Acquisition Financing
Representation of a Connecticut-based hedge fund and a Wall Street investment bank in connection with their joint acquisition financing and restructuring of a secured multi-draw term loan facility. A portion of the proceeds were used by the borrower, a global music publisher, to acquire an interest in the song catalogs of Kurt Cobain, John Lennon, Daryl Hall & John Oates; Holly Knight, an accomplished musician and songwriter who has written hits for Tina Turner, Pat Benatar and Aerosmith; Six Degrees; Blue October; The Matrix; and Daniel Johnston, among others.
New York Yankees - New Stadium Financing
Representation of the Yankees in the issuance of $960 million of municipal tax-free and taxable bonds by the New York City Industrial Development Agency, which will finance the lease of the site and construction of a new, state-of-the-art stadium. We leveraged the firm's broad expertise in real estate, construction, corporate and tax disciplines to complete this innovative financing structure.
Sega - Merger
Representation of Sega Corporation in its bid to merge its U.S. and European operations with a U.S. game software manufacturer.
New York Yankees - Online Sweepstakes
Representation of the New York Yankees in two online sweepstakes in conjunction with a major electronics corporation, including drafting the sweepstakes official rules and winners' affidavits and assisting with the bonding/security requirements.
Film Equipment Company - Equity Offering
Representation of a leading manufacturer of film and lighting equipment for the motion picture industry, and its selling stockholders, in connection with a $30 million secondary equity offering; a $15 million equity offering; and a $9 million secondary equity offering. (Prior firm experience)