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Representative Work

Arts, Entertainment and Sports

Chase Jarvis, et al. v. K2, Inc., et al.
George Clinton
Delilah Rene
DC3 Entertainment, LLC v. John Galt Entertainment, Inc., et al.
Courtney Love Cobain, et al. v. David Grohl, et al.
James A. Hendrix v. Leo Branton, Jr., et al.

Chase Jarvis, et al. v. K2, Inc., et al.
486 F.3d 526 (9th Cir. 2007)

Attorneys

Katherine Hendricks
J. Bowman Neely

Related Practices

Litigation and Alternative Dispute Resolution

Intellectual Property

Contracts, Unfair Competition and Other Business Disputes

Advertising, Marketing,
Publishing and Media


Arts, Entertainment and Sports

Business Transactions and Organizations

Chase Jarvis is an accomplished professional photographer who specializes in outdoor sports images. Over several years, he created more than 4,000 slides for K2, a seller of outdoor sporting goods such as skis, snowboards, skates and bikes. Uses of the images embodied in the slides were governed by a series of licenses. K2 lost significant numbers of Jarvis slides, failed to provide contractually required photo credits, and miscredited one image to another photographer. Jarvis’ images were used by K2 in ways not permitted by the licenses and after the applicable licenses expired, and K2 improperly provided images to third parties who then used the images.

On Jarvis’ behalf, Hendricks & Lewis filed an action against K2 for copyright infringement, breach of contract, conversion and violation of the Lanham Act. Hendricks & Lewis obtained a preliminary injunction precluding further use of the Jarvis images, engaged in discovery and pretrial motion practice, obtaining summary judgment on most of the liability issues. Hendricks & Lewis tried the case to the Court in March 2005. The Court found that K2 had lost 396 slides, failed to give credit in 105 instances, miscredited one image and entered comprehensive findings of fact and conclusions of law.

Although the court ruled in Jarvis’ favor in many respects and awarded him damages, Jarvis took issue with certain of the court’s rulings on damages and also as to the applicability of the collective works privilege under 17 U.S.C. § 201(c). On Jarvis’ behalf Hendricks & Lewis filed an appeal with the Ninth Circuit Court of Appeals, designated the record on appeal and briefed the issues and argued the appeal. In addition, Hendricks & Lewis coordinated with photography organizations that were interested in the Section 201(c) issues and wished to file amicus curie briefs.

The Ninth Circuit reversed the district court’s ruling as to Section 201(c) and remanded for determinations of willfulness, actual and statutory damages and attorneys’ fees.  On Jarvis’ behalf, Hendricks & Lewis fully briefed the issues on remand and as raised by the district court.


George Clinton (various cases and matters)

Attorneys

O. Yale Lewis, Jr.
Stacia N. Lay
J. Bowman Neely

Related Practices

Litigation and Alternative Dispute Resolution

Intellectual Property

Contracts, Unfair Competition and Other Business Disputes

Arts, Entertainment and Sports

Business Transactions and Organizations

George Clinton, the legendary “godfather of funk”, is a celebrated songwriter, performer, producer, recording artist and visual artist. Hendricks & Lewis represented him and his entities in trials and/or appeals in California, Tennessee, Michigan and Florida, most of which concerned his music and recordings and the royalties derived from them. After winning a summary judgment in a copyright infringement claim against Capitol Records in Federal District Court in California in 2007, Hendricks & Lewis ultimately obtained a favorable negotiated settlement with that international record company.

In addition to litigation matters, Hendricks & Lewis has assisted Mr. Clinton in a broad array of copyright, trademark and contractual issues.


Delilah Rene (various cases and matters)

Attorneys

O. Yale Lewis, Jr.
Katherine Hendricks
Stacia N. Lay

Related Practices

Litigation and Alternative Dispute Resolution

Intellectual Property

Contracts, Unfair Competition and Other Business Disputes

Arts, Entertainment and Sports

Business Transactions and Organizations

Following our representation of Delilah Rene, host of the popular internationally-syndicated radio program Delilah®, in a contentious litigation that resulted in a favorable settlement, we have continued to represent Ms. Rene and her business ventures in a variety of matters.  Since 2005, Hendricks & Lewis has provided general business advice to Ms. Rene,  her companies, and non-profit organization, including drafting incorporating documents, office and employee manuals, work for hire, confidentiality and licensing agreements, film, publicity and privacy rights releases.  We have also represented Ms. Rene and her production company in contract negotiations that have resulted in exciting new business and media opportunities.  In addition, we have drafted and prosecuted federal trademark applications for Ms. Rene and her companies and provided advice on protecting and managing intellectual property, including her literary works and visual art. 


DC3 Entertainment, LLC v. John Galt Entertainment, Inc., et al.
No. C04-2374C (W.D. Wash. filed November 24, 2004)

Attorneys

O. Yale Lewis, Jr.
Stacia N. Lay

Related Practices

Litigation and Alternative Dispute Resolution

Intellectual Property

Contracts, Unfair Competition and Other Business Disputes

Arts, Entertainment and Sports

Business Transactions and Organizations

DC3 Entertainment, LLC (“DC3”), a Washington entertainment company, was established with a goal of radically changing the way business is conducted in the music industry. In 2003, a California company, John Galt Entertainment, Inc. (“JGE”), assigned to DC3 JGE’s rights in a production agreement with Brian Judah, a promising young songwriter and recording artist. DC3 then entered into a recording and production agreement with Mr. Judah and began recording, using the producer services of a JGE producer. Subsequently, the JGE principals became co-presidents of DC3 and agreed to convey their songwriting copyrights and publishing interests in the Judah recordings to DC3. In 2004, the relationship between DC3 and the JGE principals ended and the JGE principals threatened, in part, to block DC3’s completion of the Judah album.

In November 2004, on behalf of DC3, Hendricks & Lewis filed a complaint in federal court in Seattle against JGE and its principals for a declaratory judgment, breach of contract, breach of the covenant of good faith and fair dealing, breach of fiduciary duty and injunctive relief. The defendants, in turn, asserted counterclaims and third-party claims for, among other things, breach of contract, an accounting and establishment of constructive trust for alleged royalties due on the Judah album, as well as discrimination and harassment on the basis of religion and sex, retaliation and wrongful termination.

Soon thereafter, Hendricks & Lewis obtained a preliminary injunction for DC3 that prohibited the defendants from transferring their copyright and publishing interests to third parties, as well as a declaratory judgment allowing DC3 to re-record the Brian Judah album without the producer services of JGE. Following an extensive motion practice that included two favorable partial summary judgment decisions and a two-week jury trial, DC3 received a favorable verdict.

See DC3 Entertainment, LLC v. John Galt Entertainment, Inc., No. C04-2374C, 2007 WL 30874 (W.D. Wash., Jan 4, 2007); DC3 Entertainment, LLC v. John Galt Entertainment, Inc., 412 F. Supp. 2d 1125 (W.D. Wash. 2006); DC3 Entertainment, LLC v. John Galt Entertainment, Inc., No. C04-2374C (W.D. Wash., Feb. 2, 2006); DC3 Entertainment, LLC v. John Galt Entertainment, Inc., No. C04-2374C (W.D. Wash., Dec. 6, 2005); DC3 Entertainment, LLC v. John Galt Entertainment, Inc., No. C04-2374C (W.D. Wash., Sept. 27, 2005).

Hendricks & Lewis also obtained the dismissal of a related contract case filed by JGE against Brian Judah in state court in California; conducted discovery that led to a favorable settlement in another case against DC3 and its principals for, among other things, fraud and breach of contract; and assisted DC3 in the creation of various business entities and related corporate transactions and the selection, acquisition, defense and/or transfer of trademarks and domain names.


Courtney Love Cobain, et al. v.
David Grohl, et al.

No. 01-2-13059-5SEA (Wash. Superior Court, King County, filed May 9, 2001)

Attorneys

O. Yale Lewis, Jr.
Katherine Hendricks

Related Practices

Litigation and Alternative Dispute Resolution

Intellectual Property

Contracts, Unfair Competition and Other Business Disputes

Privacy, Publicity, Life Story Rights and Defamation

Arts, Entertainment and Sports

Business Transactions and Organizations

Courtney Love is the widow of Kurt Cobain, a celebrated songwriter, performer, recording artist and visual artist.  Frances Bean Cobain is their daughter. In 2001, Ms. Love—on behalf of herself, Frances Bean Cobain and a California entity that had been established to receive payment for the benefit of Ms. Love and Frances Bean Cobain from revenues generated by the assets of the Kurt Cobain legacy—filed suit in state court in Seattle, Washington against (a) the surviving Nirvana band members Krist Novoselic and David Grohl; (b) an LLC of which Ms. Love and Messrs. Grohl and Novoselic were members and managers; and (c) Universal Music Group, Inc., for declaratory judgment, breach of fiduciary duty, oppression of minority shareholder, breach of the duty of good faith and fair dealing, rescission, breach of contract, judicial dissolution and preliminary injunction.

Shortly after the complaint was filed by Hendricks & Lewis, Ms. Love obtained a preliminary injunction against all of the defendants that, among other things, prohibited them from releasing a previously-unreleased song written by Kurt Cobain entitled “You Know You’re Right.” Subsequently, Hendricks & Lewis successfully resisted the defendants’ demand that Ms. Love undergo a psychiatric examination pursuant to the LLC agreement, and ultimately obtained a negotiated settlement that secured for Ms. Love and Frances Bean Cobain substantial and long-lasting financial and other benefits including: (a) a satisfactory restructuring of the Nirvana LLC; (b) ultimate control of the Cobain legacy, life story and movie rights; and (c) the possibility for significantly-enhanced, long-term income streams.

In addition, Hendricks & Lewis assisted in the negotiation and documentation of an agreement with Geffen Records to release a “Greatest Hits” album in 2002, a publishing agreement with Riverhead Press for the “Cobain Journals,” and the renegotiation of a music publishing agreement with EMI Records.


James A. Hendrix v. Leo Branton,
Jr., et al.

No. C93-537Z (W.D. Wash. filed April 16, 1993)

Attorneys

O. Yale Lewis, Jr.
Katherine Hendricks

Related Practices

Litigation and Alternative Dispute Resolution

Intellectual Property

Contracts, Unfair Competition and Other Business Disputes

Arts, Entertainment and Sports

Business Transactions and Organizations

The Hendrix litigation pitted Jimi Hendrix’s father, Al Hendrix, in a two-year struggle against a large and ever-changing cast of lawyers, accountants, professional managers, music executives and various national, international, and offshore corporations, partnerships and trusts. The objective was control of the Hendrix legacy, which Al Hendrix had allegedly sold in 1974 for an income stream of $50,000 a year. As a result of Hendricks & Lewis’s six-month investigation and legal assessment, and in response to recent news reports that MCA was acquiring the “Hendrix catalogue” from entities that claimed to own the Hendrix legacy pursuant to various agreements Al Hendrix allegedly signed in 1974 and thereafter, Hendricks & Lewis filed on behalf of Al Hendrix a suit in federal court in Seattle, Washington in the Spring of 1993, claiming an accounting, breach of fiduciary duty, fraud, negligent misrepresentation, legal malpractice, restitution based upon rescission of contract, securities law violations, violation of RICO, conspiracy to defraud, infringement of copyrights, unfair competition, conversion, infringement of rights of publicity and declaratory judgments.

After two years of intense and extensive international and multi-faceted discovery and motion practice that included multiple injunctions, discovery orders and interim appeals resolved by the Ninth Circuit, the parties entered into a mediated settlement. That settlement, which was read into the court record on May 2, 1995, conveyed to Al Hendrix “all rights, claims and interests in and to any and all parts of the properties described generally as the Jimi Hendrix legacy. These conveyances will include intellectual properties, physical properties, and all copies, reproductions, intangible rights and so forth associated with the Jimi Hendrix legacy.”

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