In October 2016, the creators of the classic mockumentary film This Is Spinal Tap filed suit against a group of defendants including the French mass media conglomerate Vivendi S.A. alleging that Vivendi engaged in anticompetitive business activities to defraud the Spinal Tap creators of profits earned from the movie. On August 28th of this year, U.S. District Judge Dolly Gee of the Central District of California allowed the case to move forward by denying a motion filed by defendants to dismiss the case based on the economic loss rule, a rule that otherwise operates to require recovery of damages under contract rather than for an action for fraud. Judge Gee also determined that copyright reversion claims presented a sufficiently ripe controversy for consideration by the court.
The post Judge Denies Motions to Dismiss Fraud, Copyright Claims in ‘This Is Spinal Tap’ Lawsuit appeared first on IPWatchdog.com | Patents & Patent Law.
Recent Posts
- Federal Circuit Finds No Due Process Violation Stems from Inconsistent Positions on Patent Ownership at PTAB, ITC
- UPC Issues First Permanent SEP Injunction: The Ramifications of Philips v. Belkin | IPWatchdog Unleashed
- Thaler Tells SCOTUS Refusing Copyright to AI-Generated Works Endangers Photo Copyrights, Too
- Amici Urge SCOTUS to Address Uncertainty Around ‘After-Arising Technology’ Question
- Other Barks and Bites for Friday, October 10: SCOTUS Invites SG’s Views on RiseandShine’s Trademark Issues; MPA Urges OpenAI to Address Sora 2 Infringement; and UPC to Add Third Panel to Court of Appeal