Hollywood Docket Dec. 5, 2007
Improper distribution of Thelonius Monk recordings allegedOre v. Thelonius Records, Case No. 07-CV-10681 (USDC, S. N.Y.), filed Nov. 29.
Claims: Anti-Bootlegging Act violations, copyright infringement.
Allegations: Between 1961 and 1963, the late jazz pianist Thelonius Monk surreptitiously recorded at least 11 live performances of his eponymous jazz quartet without the consent of other band members. Bassist John Ore and drummer Frankie Dunlop allege Monk's son and Thelonius Records are illegally distributing those recordings through their Web sites, including Dunlop's original song "Hot Licks on Drums." Defendants also have teamed up with Hyena Records to sell "Monk 'Round the World," a CD featuring three bootlegged recordings, through internet retailers.
Filing attorneys: Michael Salzman of Hughes Hubbard & Reed in New York; Patrick Perkins of Perkins Law Office in Cold Spring, New York.
Makeeva v. Leo Burnett Detroit, Case No. BC381431 (Los Angeles Superior Ct.), filed Nov. 28.
Claims: Negligence, negligent hiring/supervision.
Allegations: The Leo Burnett advertising agency hired fashion model Ganna Makeeva to appear in a 2006 Super Bowl commercial for the Cadillac Escalade. The commercial, entitled "Chrome Couture," was set at a futuristic fashion show. During filming at an aircraft hangar, Makeeva, while blinded by the lights of camera flash, fell through a hole in the "catwalk," suffering a knee injury that has required surgery. "Defendants were aware that the 'catwalk' was defective" and ignored the warnings of another production employee who had previously fallen through the same hole.
Filing attorney: Stanton Stein of Dreier Stein & Kahan in Santa Monica, Calif.