‘Pimpin’ ain’t pretty: Rapper loses copyright case against YouTube, others

From Westlaw Journal Intellectual Property:  A federal court has dismissed a Tennessee rapper’s claim that another rapper and YouTube infringed her song’s copyrighted name and trademarks in an Internet music video, ruling that she failed to present sufficient supporting evidence.

The U.S. District Court for the Western District of Tennessee dismissed the case, saying Pamela Moses failed to state a claim for relief and failed to show the court had personal jurisdiction over the rapper-defendant.

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Hey, hey, Bengals don’t pay, cheerleader claims in class action

From Westlaw Journal Entertainment: A cheerleader for the Cincinnati Bengals National Football League team has filed a federal class-action complaint alleging the team does not pay even the minimum wage to squad members in violation of federal and state wage-and-hour laws.

In her complaint filed Feb. 11 in the U.S. District Court for the Southern District of Ohio, former Ben-Gals squad cheerleader Alexa Brenneman seeks unpaid wages, unspecified damages, and injunctive relief barring the team from retaliating against her and other putative class members.

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Supreme Court asked to uphold New Jersey sports gambling law

From Westlaw Journal Entertainment: New Jersey Gov. Chris Christie, two state legislators and a horse racing industry group are asking the U.S. Supreme Court to overturn a federal appeals court decision striking down the Garden State’s sports wagering law.

Christie said in a petition for certiorari filed Feb. 12 that the 3rd U.S. Circuit Court of Appeals erred when it decided that the federal Professional and Amateur Sports Protection Act of 1992, 28 U.S.C. § 3701, preempted New Jersey’s law authorizing sports betting at casinos and racetracks.  PASPA banned sports gambling in most states.

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Supreme Court need not review claim construction ruling, generic drug companies say

Teva Pharmaceuticals’ certiorari petition asking the U.S. Supreme Court to decide an appellate court’s proper scope of review of factual findings on claim constructions in a patent case is premature and should not be granted, several generic drug companies say.

Sandoz Inc., Momenta Pharmaceuticals Inc., Mylan Pharmaceuticals Inc., Mylan Inc. and Natco Pharma Ltd. argue in their brief that Teva’s petition should be denied because the U.S. Court of Appeals for the Federal Circuit has not yet decided the issue.

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Dessert for dinner? That’s fraud, government says

Owners of an Idaho company that provides home-delivered meals to eligible Medicaid beneficiaries fraudulently submitted bills for payment for meals that often consisted only of dessert, the federal government and the state of Idaho allege in a federal complaint.

Robert and Mariann Griffith, owners of Homestyle Direct LLC also never bothered to check if recipients of the meals they provided were still living in their homes or had died, according to the complaint filed in the U.S. District Court for the District of Idaho.

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Appeals court affirms dismissal of FCA suit against Minnesota hospital

The 8th U.S. Circuit Court of Appeals has affirmed the dismissal of a False Claims Act complaint by a former administrator of a Minnesota health care provider, but on entirely different grounds than those cited by the District Court judge.

U.S. District Judge Michael J. Davis of the District of Minnesota dismissed Michael Dunn’s complaint against North Memorial Health Care and North Memorial Medical Center because it failed to state a claim for a regulatory violation of the False Claims Act.

Former Rutgers coach denies player’s abuse claims

A former men’s basketball coach at Rutgers University has denied allegations in a federal court lawsuit that he physically and psychologically abused a learning-disabled student basketball player.

Mike Rice, fired from Rutgers after reports of his alleged abuse against Rutgers student-athletes were aired by ESPN in April 2013, filed the answer Jan. 23 in response to a complaint by former varsity basketball player Derrick Randall.

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Judge tosses ‘Avatar’ copyright claims against James Cameron

A federal judge has tossed a copyright infringement lawsuit filed by a science fiction writer alleging director James Cameron stole two of his screenplays for the blockbuster movie “Avatar.”

Bryant Moore, who sought over $2 billion in damages, did not establish that Cameron or his production company, Lightstorm Entertainment, had access to his copyrighted screenplays or that “Avatar” was substantially similar to his works, according to Judge Roger W. Titus of the U.S. District Court for the District of Maryland.

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Judge balks at AARP’s $2 million award request against infringer

A federal judge has granted AARP a default judgment against an insurance broker accused of trademark infringement but denied the organization’s demand for $2 million in statutory damages.

The nonprofit AARP, which promotes the interests of people aged 50 and over, failed to establish that it was entitled to the maximum statutory damages award for willful infringement under the Lanham Act, 15 U.S.C. § 1117(c), U.S. District Judge Colleen Kollar-Kotelly of the District of Columbia said.

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Wake up and smell the ‘Charbucks’ — Starbucks loses trademark appeal

After 12 years of litigation and two previous trips to a federal appeals court, Starbucks has lost its attempt to enjoin a New Hampshire coffee roastery from using the “Charbucks” name for its products.

The 2nd U.S. Circuit Court of Appeals once again ruled that Starbucks failed to demonstrate that the use of “Charbucks” by Wolfe’s Borough Coffee Inc., which does business as Black Bear Micro Roastery, was not likely to dilute the more famous “Starbucks” trademarks.

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