May 02, 2014

Moving PresLaw.info

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March 18, 2014

Factors Etc., Inc. v. Pro Arts, Inc. (The "In Memory" Poster Saga)

Overview

This seminal case involves the publishing and sale of a memorial poster, after Elvis' death, containing his picture. Plaintiff's claim to have the sole right to merchandise Elvis' name and image, and that the right to do so is descendible after his death. After six years of litigation the court finally finds in favor of the Defendants! This case also becomes entangled with the contemporaneous Creative Card Co. and Memphis Development Foundation cases. As well as Right of Publicity issues, this case also contains a great deal of Civil Procedure.

Note: Factors Etc. were the official licensees of Elvis' name and image. The licensor was Boxcar Enterprises (co-defendants), owned and operated by "Colonel" Tom Parker (56%), with Elvis and Tom Dishkin, President of Boxcar, being minority shareholders (22% each). Elvis had contracted with Boxcar for this right in return for royalty payments.

January 18, 2014

When Elvis Met Nixon: The Documents (Part Three) - Meeting Agenda

Egil Krogh
This memorandum, hastily compiled by Nixon aide, Egil Krogh, to present to the President essentially constituted a possible meeting agenda between President Nixon and Elvis.

As with Dwight Chapin and H. R. Hadelman, who were also involved in the Nixon meeting, Krogh was also ultimately imprisoned for his role in the Watergate scandal.

Ironically, at the time of writing, Krogh currently serves as Senior Fellow on Ethics and Leadership at the Center for the Study of the Presidency and Congress and Counselor to the Director at the School for Ethics and Global Leadership.

Of note in the agenda are points III.E.3 and III.E.4, which suggest discussing the creation of a Rock Musical and Elvis album entitled "Get High on Life." Not one of Krogh's better ideas, I think!

January 11, 2014

Curtin v. Star Editorial Inc. (1998)

Overview: In this case, plaintiff, James Curtin is suing Star Magazine for copyright infringement, breach of contract, and unjust enrichment over Star Magazine's use of photographs from Mr. Curtin's book, "Elvis and the Stars."

In the complaint, Curtin acknowledges that only one of his photographs was actually copied (though cropped) and the other photographs were merely similar to those in his book.

The defendant, on the other hand, moves to have the case dismissed in accordance with Rule 12(b)(6) of the Federal Rules of Civil Procedure.

The court's rulings are divided, sometimes in favor of the plaintiff and sometimes in favor of the defendant. The rulings also include some amusing Elvis-related humor!