Podcasthon, Trademark Showdowns, BOI Turmoil & More

Apr 23

The latest Entertainment Law Update Podcast with music lawyer Tamera Bennett and film attorney Gordon Firemark covers the biggest headlines in copyright, trademark, and entertainment law—from federal courtroom wins and regulatory investigations to AI's role in expert testimony and bar exam controversy.

Podcasthon and MusiCares: Podcasting for Good

Entertainment Law Update joined over 1,000 global podcasts in the third annual Podcasthon, spotlighting charitable causes through podcasting. This episode features MusiCares, a nonprofit aiding music professionals with health, financial, and addiction recovery services. Guest Theresa Wolters, VP of Health and Human Services, discussed the organization's programs and community impact. Learn more at www.musicares.org.

Beneficial Ownership Reporting Suspended Amid Legal Whiplash

The status of Beneficial Ownership Information (BOI) reporting under the Corporate Transparency Act (CTA) remains in flux. After being reinstated by the U.S. District Court in Smith v. U.S. Department of the Treasury, No. 6:24-cv-00336 (E.D. Tex. Feb. 18, 2025), the Treasury suspended enforcement again on March 2, 2025, with revisions promised.

Sony Prevails in “Ultra” Trademark Dispute

Sony Music Entertainment secured a partial win in Ultra Records LLC v. Ultra Int’l Music Publ’g LLC, No. 1:24-cv-09149 (S.D.N.Y. 2025), regarding the “Ultra” trademark. The court found trademark dilution but not consumer confusion, ordering Patrick Moxey’s publishing company to stop using the name within 180 days. This case underscores the importance of clarity in trademark licensing and joint venture agreements within the entertainment sector.

Pepperdine v. Netflix: Waves Trademark Case Rejected

Pepperdine University’s trademark claims against Netflix’s Running Point were dismissed under the Rogers v. Grimaldi test, which protects expressive works that use third-party trademarks. The court found that Netflix’s fictional “Waves” team was not explicitly misleading and was a protected creative reference. The podcast revisited prior cases of third-party trademark use in audio visual works, including the HBO series Ballers using NFL logos without licensing those rights and Virag, S.R.L. v. Sony Computer Ent. Am. LLC, No. 3:15-cv-01729-LB (N.D. Cal. 2015), where real-world trademarks are used in the video game Gran Turismo. Read more about the legacy and application of Rogers v. Grimaldi from trademark and IP lawyer Tamera H. Bennett.

Expert Disqualified after Microsoft Copilot Oops

In Matter of Weber, 2024 NY Slip Op 24258 (N.Y. Sur. Ct., Saratoga Cty, Oct. 10, 2024)., a financial expert’s testimony was rejected for a variety of reasons, one of which was the experts reliance on Microsoft Copilot for damage calculations. The judge’s ruling emphasizes that open-sourced AI tools like Microsoft Copilot, are unreliable sources for expert witnesses, primarily because they are not easily verifiable.

FCC Targets iHeartMedia Over Alleged Payola

On February 24, 2025, the FCC launched an investigation into iHeartMedia over possible payola practices—pressuring artists to perform for free in exchange for favorable airplay. The inquiry raises significant issues under broadcast disclosure laws and could influence future radio and streaming promotion regulations. iHeart has publicly denied the claims but has yet to respond in detail.

These cases and much more on this Episode of Entertainment Law Update with inherited copyright lawyer Tamera Bennett and film, TV, and podcast lawyer Gordon Firemark.

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Episode 178

Tamera H. Bennett

Tamera H. Bennett is a wife, mom, lawyer, mediator, blogger, podcaster, and legal writer. For two decades she’s helped clients protect what they create by practicing trademark, copyright and entertainment law in Texas and Tennessee.

Tamera has co-hosted more than 85 episodes of the Entertainment Law Update Podcast since 2009. And, she’s been honored to write for BILLBOARD magazine and the TEXAS LAWYER.

In the summer of 2015, Tamera backpacked 100 miles over 10 days with her son's Boy Scout Troop. Tamera walked her first half-marathon in 2012 and walked the Cowtown Half Marathon in February 2016 and February 2017 with a PR each time. You can visit Tamera’s blog at createprotect.com and follow her on Twitter @tamerabennett.

http://www.tbennettlaw.com

Tamera Bennett

Meet lawyer Tamera Bennett, your trusted advocate for trademark, copyright, and music law in the Dallas/Fort Worth area. Tamera gets it when her clients pour their heart and soul into their projects…she is just as passionate about using the law to protect her clients' intellectual property rights.

Tamera’s office might be in a “small town,” but her 25 years’ of legal experience allows her to counsel clients on deals in all the “big” cities.

Meet Tamera Bennett

Gordon Firemark

Gordon Firemark is an attorney whose practice is devoted to the representation of artists, writers, producers and directors in the fields of theater, film, television,and music. He is also the publisher of Entertainment Law Update., a newsletter for artists and professionals in the entertainment industries. His practice also covers intellectual property, cyberspace, new media and business/corporate matters for clients in the entertainment industry.

Meet Gordon Firemark