Amethyst Kelly, professionally known as Iggy Azalea v. Primco Management Inc., a Delaware corporation; ESMG Inc., a Nevada corporation; Top Sail Productions LLC, a California limited liability company; Maurice Williams a/k/a Maurice Lasel a/k/a Nuwine a/k/a Wine-O a/k/a Jefe Wine a/k/a Hefe Wine, d/b/a Wine Enterprises Inc., a/k/a "wineenterprises
Published: Feb. 14, 2015 | Result Date: Jan. 12, 2015 | Filing Date: Jan. 1, 1900 |Case number: 2:14-cv-07263-BRO-SH Bench Decision – Injunction
Court
USDC Central
Attorneys
Plaintiff
Howard E. King
(King, Holmes, Paterno & Soriano LLP)
Stephen D. Rothschild
(King, Holmes, Paterno & Soriano, LLP)
Defendant
Robert S. Besser
(Law Offices of Robert S. Besser)
Facts
Amethyst Kelly also known as Iggy Azalea sued Primco Management Inc., ESMG Inc., Top Sail Productions LLC, and Maurice Williams doing business as Wine Enterprises Inc., in connection with a Recording Agreement. Williams and James McMillan filed a cross-claim against Kelly for declaratory judgment.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that Williams, whom she used to date, accessed her computers and released songs and music that incorporated plaintiff's original works. Plaintiff alleged that defendant Williams had no authority to access her works or to use her works, her likeness, and her image. Plaintiff disputed that she signed a Recording Agreement and further Kelly alleged defendant Williams forged the Recording Agreement with Kelly.
Plaintiff asserted causes of action for copyright infringement, declaratory judgment, violation of California Civil Code Section 3344, misappropriation of common law right of publicity, trademark infringement, trademark dilution, violation of California Business and Professions Code Section 17200 et seq., rescission and restitution, and conversion. Plaintiff also sought an injunction, seeking to enjoin defendants from further infringement.
DEFENDANT'S CONTENTIONS:
Defendants alleged that they had the right to use plaintiff's works, likeness, and image pursuant to the parties' Recording Agreement.
Result
The district court granted Kelly's motion for a preliminary injunction, and required her to post a $20,000 bond. Defendants were temporarily enjoined from distributing Kelly's work or exploiting her name, likeness or identity.
Other Information
FILING DATE: Sept. 17, 2014.
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