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Prince Lawsuit Text Has Anyone Read this? It's the facts from a federal court opinion dealing w/ prince in 1999:
Nelson, the parties contend, is a well known entertainer and celebrity who, among other things, associates his persona with a symbol for which he claims to have registered copyright. In addition to his more immediate entertainment activities, Nelson or those associated with him operate a web site. Defendants publish Uptown, an unofficial "fan" magazine, and operate a web site, both devoted to Nelson. Without getting into detail unnecessary to resolution of the issue now before the Court, plaintiffs here sue defendants for copyright and trademark infringement and on other theories, the gist of the case being that the defendants are improperly making unauthorized use of Nelson's name, likeness, photographs and other intellectual property. More broadly, plaintiffs contend that defendants have "created an entire business based on exploiting [Nelson]'s image and persona to their own economic benefit." Defendants have counterclaimed for abuse of process and declaratory relief. On or about May 21, 1999, defendants noticed Nelson's deposition. The notice provided that the examination would be recorded on videotape and audiotape. Plaintiffs acknowledge that defendants are entitled to a live deposition of Nelson. They resist only its videotaping, arguing that defendants' real motive for videotaping Nelson's testimony is to generate more content for their conventional and web publishing activities, more publicity for themselves, and greater economic returns. In short, they apprehend that any videotape of the deposition will be used "to usurp from the public figure [Nelson] the very business opportunities that give rise to the interest [that would be] reported about." In other words, they contend that a videotape would serve no legitimate litigation purpose, that the effort to create such a record of the deposition is commercially motivated, and that the creation and dissemination of such a tape would undermine plaintiffs' own commercial interests--interests for which they seek the Court's protection. There is a substantial factual basis for plaintiffs' concerns. Attachment A to plaintiffs' letter to the Court demonstrates that this lawsuit is a principal focus of the defendants' web site. The pleadings, defendants' notice of Nelson's deposition, and press releases concerning the case all are on line. Moreover, when asked during the conference call whether defendants would agree that they would not disseminate or make other non-litigation use of a videotape of the deposition, defendants' counsel responded that he was not authorized to do so. Thus, there is every reason to believe that defendants' motive in seeking to videotape the deposition is at least in part to generate notoriety for themselves and their business ventures by making non-litigation use of the videotape, although the Court to be sure has no basis for questioning their counsel's representation that he believes that the videotape would be useful at trial as well. --I've found about 12 cases w/ Prince in it - and others dealing w/ Paisley park in various matters | |
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