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May 19, 2016

Nina D. Boyajian

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Boyajian represented electro-pop group LMFAO after rapper Rick Ross sued over alleged copyright infringement. Ross claimed the phrase "everyday I'm shufflin'" from LMFAO's 2010 "Party Rock Anthem" ripped off his famous three-word phrase "everyday I'm hustlin'" from his 2006 hit "Hustlin'." Boyajian focused discovery on copyright ownership issues and identified three inconsistent Hustlin' copyright registrations.

U.S. District Judge Kathleen M. Williams of Miami agreed with Boyajian's request to seek guidance from the Register of Copyrights, who confirmed Boyajian's contention that none of the three registrations validly identified any of the plaintiffs. That left the plaintiffs without standing to sue, and the judge dismissed the case in early April. Roberts v. Gordy, 13-cv-24700 (S.D. Fla., filed Dec. 31, 2013)

"A tremendous victory, though we would have had a great time trying the case," Boyajian said.

In another case, ABC's reality show, "Shark Tank," Boyajian's client, came under attack by a Florida personal injury lawyer who claimed ABC's parent, Sony Pictures Entertainment Inc., pressured "Shark Tank" personalities to back out of promised appearances at a speaking tour the lawyer had organized. The lawyer sued for $50 million, claiming tortious interference with his contracts. Boyajian's countersuit alleged trademark violations for the lawyer's use of the "Shark Tank" name, logo and trade dress.

"We talked to our talent and tried to figure out what had happened," Boyajian said. "We decided his goals were self-promotion, and our people decided they did not want to be involved."

Boyajian moved for a directed verdict after three days of plaintiffs' testimony. The judge granted the motion, and Boyajian settled on the trademark claims.

In pro bono work, Boyajian represented a women's rights activist from the Democratic Republic of the Congo who sought asylum in the U.S. The woman is now a U.S. citizen.

- John Roemer

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