RONNIE VAN ZANT, INC. v. CLEOPATRA RECORDS, INC.

Docket No. 17-2849.

906 F.3d 253 (2018)

RONNIE VAN ZANT, INC., Gary R. Rossington, Johnny Van Zant, Barbara Houston, as the Trustee of the Allen Collins Trust, Alicia Rapp, as the Personal Representative of the Estate of Steven Gaines, Corinna Gaines Biemiller, as the Personal Representative of the Estate of Steven Gaines, Plaintiffs-Appellees, v. CLEOPATRA RECORDS, INC, Cleopatra Films, a division of Cleopatra Records, Inc, Defendants-Appellants,

United States Court of Appeals, Second Circuit.

Decided: October 10, 2018.


Attorney(s) appearing for the Case

Evan M. Mandel , ( Rishi Bhandari , on the brief), Mandel Bhandari LLP, New York, NY, for Defendants-Appellants Cleopatra Records, Inc. and Cleopatra Films.

Richard G. Haddad , ( Sandor Frankel , Pauline McTernan , on the brief), Otterbourg P.C., New York, NY, for Plaintiffs-Appellees Ronnie Van Zant, Inc., Gary R. Rossington, Johnny Van Zant, Barbara Houston, Alicia Rapp, and Corinna Gaines Biemiller.

( Nathan Siegel , L. Danielle Toaltoan , Davis Wright Tremaine LLP, New York, NY, for amici curiae A&E Television Networks, LLC, Home Box Office, Inc., Metro-Goldwyn-Mayer Studios Inc., NBCUniversal Media, LLC, Paramount Pictures Corporation, Sony Pictures Entertainment Inc., Twentieth Century Fox Film Corporation, Univision Communications Inc., and Warner Bros. Entertainment Inc., in support of Defendants-Appellants.)

( Bruce D. Brown , Gregg P. Leslie , Caitlin Vogus , The Reporters Committee for Freedom of the Press, Washington, D.C., for amici curiae The Reporters Committee for Freedom of the Press, American Society of News Editors, The Associated Press Media Editors, Association of Alternative Newsmedia, The Association of American Publishers, Inc., Discovery Communications LLC, Dow Jones & Company, Inc., First Amendment Coalition, First Look Media Works, Inc., The International Documentary Association, The Investigative Reporting Workshop, MPA — The Association of Magazine Media, National Press Photographers Association, and The Tully Center for Free Speech, in support of Defendants-Appellants.)

Before: NEWMAN, HALL, and CARNEY, Circuit Judges.


Background

The Lynyrd Skynyrd band. Lynyrd Skynyrd was a rock band founded in the 1960s by Ronnie Van Zant ("Ronnie"), Gary R. Rossington, and Allen Collins. "The name Lynyrd Skynyrd was chosen as a spoof on the name of their high school gym teacher and is pronounced [as if it were spelled] Leonard Skinnerd." Grondin v....

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