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REMARK, LLC v. ADELL BROADCASTING CORP.

Nos. 11-2349, 11-2442.

702 F.3d 280 (2012)

REMARK, LLC, Plaintiff-Appellee/Cross-Appellant, v. ADELL BROADCASTING CORPORATION, d/b/a/ WADL-TV, Defendant-Appellant/Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 18, 2012.

Attorney(s) appearing for the Case

ARGUED: William J. McHenry , Farmington Hills, Michigan, for Appellant. Todd Rhys Mendel , Barris, Sott, Denn & Driker, PLLC, Detroit, Michigan, for Appellee. ON BRIEF: Mark A. Cantor , Robert C.J. Tuttle , Chanille Carswell , Brooks Kushman P.C., Southfield, Michigan, for Appellant. Todd Rhys Mendel , Barris, Sott, Denn & Driker, PLLC, Detroit, Michigan, for Appellee.

SUTTON, J., delivered the opinion of the court, in which GRIFFIN, J., joined, and WHITE, J., joined in the result. WHITE, J. (pp. 285-86), delivered a separate concurring opinion.

OPINION

SUTTON, Circuit Judge.

Remark advertises radio stations with television commercials featuring women lip-syncing radio content. When Adell ran similar ads for television station WADL, Remark threatened to sue. The parties appeared to resolve this initial tempest through a settlement. Adell tried to back out of the settlement, however, prompting Remark to follow through on its threat and to sue to enforce the settlement. The district court determined...

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