Judge Gardephe

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In a decision issued last Friday, Judge Gardephe dismissed President Trump’s lawsuit against journalist Bob Woodward, publisher Simon & Schuster, and parent company Paramount Global. The lawsuit sought to assert copyright ownership over audio recordings of Woodward’s interviews with Trump, which were later released as the audiobook The Trump Tapes.  Trump alleged that he was either a joint author or held a copyright interest in his responses during the interviews, and that the release of The Trump Tapes and related works violated his rights. He also asserted state law claims for unjust enrichment, breach of contract, and accounting.Continue Reading Judge Gardephe Dismisses Trump’s Copyright Suit Over “The Trump Tapes”

In an opinion yesterday, Judge Gardephe dismissed a complaint (see our prior coverage here) brought by Liberty Tax Service against the makers of the TV show “Better Call Saul” for depicting an allegedly similar business, “Sweet Liberty Tax Services,” as a criminal enterprise. In the show, the business is run by Craig Kettleman, who had been convicted of embezzlement in an earlier season but then opened “Sweet Liberty Tax Services” with his wife after being released from prison.

Under Second Circuit law, using a mark in this way is protected so long as it is artistically relevant and not explicitly misleading. Judge Gardephe agreed with the Defendants that the “Sweet Liberty” name was artistically relevant insofar as it was intended to be “richly ironic”:Continue Reading Judge Gardephe: Better Call Saul’s Fictional “Sweet Liberty” Tax Firm Does Not Infringe Rights of Similarly-Named, Real Business

In a trademark infringement complaint filed on Monday, Liberty Tax Service sued the makers of the TV show “Better Caul Saul” for depicting an allegedly similar business, “Sweet Liberty Tax Services,” as essentially a criminal enterprise:
Continue Reading Tax Preparation Firm Sues the Makers of “Better Caul Saul” For Depiction of Similarly-Named, but Crooked, Fictional Firm

Judge Gardephe last week ruled that the non-disclosure and non-disparagement clauses found in the employment agreements for Donald Trump’s 2020 presidential campaign were void and unenforceable.  The action originally arose when the Trump campaign commenced an arbitration proceeding against a former staffer, claiming that she had breached the non-disclosure and non-disparagement clauses by filing a complaint alleging sex discrimination claims in New York state court.  The present complaint was brought as a putative class action by former employees of the campaign, who sought a declaration that these provisions of the employment agreement were unenforceable.

Judge Gardephe granted the plaintiffs’ motion for summary judgment, and focused on the breadth of the non-disclosure provision as a basis for finding it unenforceable:
Continue Reading Judge Gardephe: Trump Campaign NDAs Are Unenforceable

In an opinion Monday denying a motion for a new trial in a car accident case, Judge Gardephe rejected the plaintiff’s argument (among others) that Judge Gardephe made unfairly biased comments during the trial.  While Judge Gardephe acknowledged there were times that counsel “strained the patience of the Court,” those did not take place before the jury.  Judge Gardephe then listed various ways in which plaintiff’s counsel was unprofessional, including:
Continue Reading Judge Gardephe: “Degrading” For Counsel to Refer to Female Adversary By Her First Name Before Jury

Today, Judge Gardephe dismissed with prejudice the amended complaint brought by two prominent “anti-aging” doctors against the nonprofit consumer advocacy website “Quackwatch.”  Last year, Judge Gardephe dismissed the original complaint, containing defamation claims based on an article reporting that the plaintiffs had agreed to pay fines to the Illinois licensing authorities for improperly using the term “M.D.” after their names (see our coverage here).  Plaintiffs’ amended complaint claimed that the defendant, a retired doctor who operates the “Quackwatch” site, had secretly contacted government officials in China and Malaysia to scuttle the plaintiffs’ valuable government contracts based on the allegedly defamatory article on “Quackwatch.”
Continue Reading Judge Gardephe Dismisses Renewed Defamation Claims by Anti-Aging Doctors Labeled as “Quacks”

In an opinion yesterday, Judge Gardephe dismissed a defamation complaint brought by two prominent doctors who practice “anti-aging” medicine (see coverage of them in the New York Times here) over an article on a nonprofit consumer advocacy website called “Quackwatch” reporting that they had agreed to pay fines to the Illinois licensing authorities for…

In an opinion this week, Judge Gardephe granted the plaintiffs’ motion to dismiss their own federal trademark claims, but found that the defendants’ declaratory judgment counterclaims were enough to preserve federal jurisdiction.  Defendant Chobani had alleged that the dismissal of the federal law claims was simply a tactic for the plaintiffs to attempt to defeat federal subject matter jurisdiction and effectively move the case to state court.
Continue Reading Judge Gardephe Allows Plaintiff to Dismiss Own Federal Patent Claims Against Chobani But Preserves Federal Jurisdiction