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Songwriter: "Jovi Sox Ripped Me Off!" (III)
Highest Court D. Massachusetts
Year Ended 2011
Plaintiffs Songwriter(s)
Defendants Bon Jovi
Boston Red Sox
Individual(s)
Lawyer(s)
Major League Baseball
Music Manager(s)
Music Publisher(s)
Sports Organization(s)
TBS, Inc.
Television Producer(s)
Time Warner, Inc.
Other No Other parties on file
Short Description This is the third installment in Plaintiff's litigation campaign, brought against Bon Jovi, the Boston Red Sox, Major League Baseball, TBS, Inc., and numerous other entities and individuals, in which Plaintiff alleged a Bon Jovi song about the Boston Red Sox, used by the Boston Red Sox, copied his earlier-released song about the same team. In the first suit, "Songwriter: 'Jovi Sox Ripped Me Off!' (I)," the court found there was no substantial similarity between Plaintiff's song and the alleged infringement. He sued once again under the Digital Millennium Copyright act, and lost (see Songwriter: 'Jovi Sox Ripped Me Off!' (II)"). In this case, Plaintiff brought suit against many of the same parties, but also included some new ones, alleging mostly identical claims. The court dismissed Plaintiff's action this time as well. The outcome would not be stayed awaiting appeal in his first suit, and the claims brought herein were so close (even if not identical) to the first suit, and the parties all could have been sued the first time around, that Plaintiff's suit was barred by the doctrine of res judicata. Even if he adjusted his action slightly, it was not so different that it should not have been brought the first time. Plaintiff was not sanctioned, however, but only admonished. - LSW

Legal Issues
Copyrights Infringement Copying & Distribution/Dissemination
General Affirmative Defenses Prior Pending Action & Abstention
    Res Judicata & Collateral Estoppel


Opinions Steele v. Ricigliano
2011 WL 1897654
D. Massachusetts , May 18, 2011 ( Civil Action No. 10_11458_NMG )


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Related Searches Parties
Bon Jovi ( Defendant )
Boston Red Sox ( Defendant )
Individual(s) ( Defendant )
Lawyer(s) ( Defendant )
Major League Baseball ( Defendant )
Music Manager(s) ( Defendant )
Music Publisher(s) ( Defendant )
Songwriter(s) ( Plaintiff )
Sports Organization(s) ( Defendant )
TBS, Inc. ( Defendant )
Television Producer(s) ( Defendant )
Time Warner, Inc. ( Defendant )

Legal Issues
Copyrights / Infringement / Copying & Distribution/Dissemination
General / Affirmative Defenses / Prior Pending Action & Abstention
General / Affirmative Defenses / Res Judicata & Collateral Estoppel

Courts
D. Massachusetts (highest court)


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