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Photographer: "Marley Photos Are Mine!"
Highest Court California Court of Appeal
Year Ended 2010
Plaintiffs Photographer(s)
Defendants Individual(s)
Music Merchandiser(s)
Other Marley, Bob
Short Description In a different case, "Bob Marley Bootleggers Busted," Defendant A.V.E.L.A., a music merchandiser, was sued by the exclusive licensee of Bob Marley's publicity rights and trademarks for improperly using Marley's likeness and names on various merchandise. This related case was brought by the photographer who provided the infringing photographs to A.V.E.L.A. After the first lawsuit erupted, A.V.E.L.A. withheld royalty payments to Plaintiff, alleging any payments he was due to receive were offset by their litigation costs from the Marley lawsuit. Plaintiff alleged that Defendants' legal issues were unrelated to his own responsibilities under the parties' agreements, and costs should not have been counted against him. Plaintiff asked for and was granted a preliminary injunction preventing A.V.E.L.A. from using moneys owed to Plaintiff to cover legal costs from the other suit. On appeal, the injunction was affirmed. The injunction was not overly broad; though the licensing agreement dictated amounts Plaintiff was to be paid, Defendants were not able to show that these were the only amounts he would be granted if successful. Furthermore, the appellate court did not find the trial court abused its discretion in finding both that Plaintiff would suffer irreparable harm without injunctive relief and that there was a reasonable probability that Plaintiff would prevail on his claim. - LSW

Legal Issues
Business Associations Corporations Director & Shareholder Liability
Civil Procedure Interlocutory Orders Preliminary Injunction
Contracts Breach Good Faith & Fair Dealing
    Payment & Performance
Torts Economic Torts Fraud, Misrepresentation & Inducement
  Negligence Negligent Misrepresentation
  Property Torts Conversion
Trademarks & Unfair Competition State Statute/Common Law Unfair & Deceptive Trade Practices


Opinions Rabanne v. Valencia
2010 WL 3760239
California Court of Appeal , September 28, 2010 ( No. D056016 )


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Related Searches Parties
Individual(s) ( Defendant )
Marley, Bob ( Other )
Music Merchandiser(s) ( Defendant )
Photographer(s) ( Plaintiff )

Legal Issues
Business Associations / Corporations / Director & Shareholder Liability
Civil Procedure / Interlocutory Orders / Preliminary Injunction
Contracts / Breach / Good Faith & Fair Dealing
Contracts / Breach / Payment & Performance
Torts / Economic Torts / Fraud, Misrepresentation & Inducement
Torts / Negligence / Negligent Misrepresentation
Torts / Property Torts / Conversion
Trademarks & Unfair Competition / State Statute/Common Law / Unfair & Deceptive Trade Practices

Courts
California Court of Appeal (highest court)


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