Legal
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Motown Records founder Berry Gordy Jr. is caught up in an ugly legal battle pitting his son against a former business advisor and romantic partner – a lawsuit he says is a “craven, desperate, and disgusting attempt” to “shake down” his family.
In a filing Monday in Los Angeles court, attorneys for Gordy demanded that he be dismissed from the case, arguing that the legendary record executive had been unfairly dragged into the litigation to distract from “wanton acts of embezzlement” committed by his son’s accuser.
“Extortion—though illegal and highly unethical—is a powerful weapon,” wrote Gordy’s lawyers Christopher Frost and John D. Maatta. “Nowhere is that more true than here.”
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Gordy founded Motown in 1959, paving the way for the influential soul music sound that came to bear the same name. He eventually signed the Supremes, Marvin Gaye, the Temptations and Stevie Wonder and many others to the label, before selling it off to MCA in 1988.
His strongly-worded response on Monday came amid a back-and-forth legal dispute between his son, Kennedy Gordy (better known by his stage name Rockwell), and Anita Hawker Thompson, who previously served as the CEO of Kennedy’s company, Rockwell Entertainment Enterprises.
Kennedy’s company sued Thompson last year, claiming that he suffers from “psychological impairments” and that Thompson had abused her power over him to steal $1.7 million in royalty payments that had been paid to the company.
Last week, Thompson responded by filing her own scathing countersuit, accusing Kennedy of subjecting her to “physical, sexual, and psychological abuse” during a years-long romantic relationship. In it, she also named the elder Gordy as a defendant, claiming he knew about his son’s abusive conduct and “tried to cover it up.”
But in Monday’s filing, Gordy’s attorneys blasted Thompson’s allegations as “a falsified, unverified narrative” that was aimed at distracting from the fact that she had “illegally abused her position of trust over Kennedy.”
“The response of Ms. Thompson [is] a craven, desperate, and disgusting attempt to further shake-down the Gordy family and to attempt to manufacture a fabricated claim to conveniently offset the claim for theft and conversion that she is facing — to which she has no legitimate legal or factual defense,” Berry’s attorneys write.
In her lawsuit last week, Thompson’s attorneys included pages of disturbing allegations of “intimate partner violence,” including that Kennedy “beat, kicked, punched, and raped” her and then used “threats of violence and deportation to secure her silence.” But in his response Monday, the attorneys for the elder Gordy say that those “fabricated events” could only have plausibly taken place in the 1980s – well past the statute of limitations for bringing them to court.
“Ms. Thompson and her counsel, well-aware that the fabrications complained of occurred over thirty years ago, do not mention any dates when the fabricated wrongs are alleged to have taken place,” Gordy’s lawyers write.
Attorneys for both Thompson and Kennedy did not immediately return requests for comment on Tuesday.
Pink has filed a legal action against Pharrell Williams over his efforts to secure a trademark on the term “P.Inc” – a case that comes just weeks after Pharrell was hit with a similar branding dispute case by a longtime friend.
In an action filed Thursday at a federal tribunal, lawyers for Pink (real name Alecia Moore) claim that the trademark Pharrell is trying to register is so similar to her stage name that it’s “likely to cause confusion, mistake and/or deception” among consumers who see it.
The case was filed by Pink’s company, Lefty Paw Print, which owns numerous trademark registrations to her name, against Pharrell’s company, PW IP Holdings. Reps for Pharrell did not immediately return a request for comment.
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The new legal battle comes less than a month after Pharrell was hit with the same type of trademark action by Chad Hugo, his longtime producing partner and childhood friend. Hugo claims that Pharrell is “fraudulently” seeking sole control over the trademarks to “The Neptunes” – the name of their prolific 2000s songwriting partnership – even though they have always split the group’s assets.
At the time, Pharrell’s reps said he had been “surprised” by Hugo’s accusations, and that his “Neptunes” trademark applications had been solely designed to “make sure a third party doesn’t get a hold of the trademark.” Hugo’s lawyers rejected that explanation, calling the trademark applications “a land grab in a long simmering dispute.”
At issue in the new case is an application to register “P.Inc” as a federal trademark, which his lawyers say he intends to use for a wide range of services, including “promotional marketing services in the field of music.” A trademark registration is what allows brands to place the (R) symbol next to their name, and makes it easier to sue people who use it without permission.
The application was filed last year by PW IP Holdings LLC, Pharrell’s company that also owns such trademark registrations for his band N.E.R.D., his Miami-based Goodtime Hotel, and numerous other brand names connected to the superstar.
Pink’s attorneys did not immediately return a request for comment on the dispute.
Even before Pink filed her case on Thursday, Pharrell’s application for the “P. Inc” trademark had already drawn legal opposition from another entity that has prominently used the name “Pink” for its goods.
That would be Victoria’s Secret, which since 2002 has sold a line of PINK lingerie and apparel. The retail giant filed its own case against Pharrell’s company last month, making similar arguments that Pharrell’s trademark would be confusingly similar to its own name.
“Opposer’s use of its ‘Victoria’s Secret PINK’ and ‘PINK’ marks predates applicant’s filing date,” the company’s lawyers wrote in a March 21 filing. “Applicant’s mark is highly similar to, and is the phonetic equivalent of, opposer’s ‘PINK’ marks.”
Ye has been named as a suspect in a battery case in Los Angeles, according to multiple reports.
TMZ first reported Wednesday night (April 17) that the rapper, formerly known as Kanye West, is being accused of punching another man in the face after he allegedly “grabbed” Ye’s wife, Bianca Censori. According to TMZ, West allegedly responded by striking the man.
Yeezy’s chief of staff Milo Yiannopoulos claimed in a statement to FOX 11 that Censori was “physically assaulted” and “sexually assaulted” by the man accusing West.
“‘Grabbed’ is grossly inadequate as a description of what happened. Bianca was physically assaulted,” Yiannopoulos said. “The assailant didn’t merely collide into her. He put his hands under her dress, directly on her body, he grabbed her waist, he spun her around and then he blew her kisses. She was battered and sexually assaulted.”
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Yeezy and his wife reportedly left the scene of the alleged altercation before the police arrived. The victim did not need treatment for his injuries suffered, according to TMZ.
LAPD officer Drake Madison confirmed to Billboard that officers arrived at a hotel on Sunset Boulevard in West Hollywood on April 17 around 12:30 a.m. PT for a battery investigation and that a battery report was then completed. However, Madison did not confirm whether Ye is a suspect. As of press time, no charges have been levied against Ye.
Billboard has reached out to West’s reps for further comment.
FOX 11‘s Matthew Seedorff shared on X that he saw detectives investigating outside a Los Angeles hotel possibly tied to the alleged altercation.
BREAKING: Kanye West is being investigated by Los Angeles Police as a suspect in a battery case. We saw LAPD detectives outside the hotel today. TMZ confirms West is accused of punching a man in the face late Tuesday night that allegedly “grabbed or pushed his wife”. pic.twitter.com/tbNFs0d08X— Matthew Seedorff (@MattSeedorff) April 18, 2024
Last year, the rapper was sued by a paparazzo over a phone-throwing incident. Photographer Nichol Lechmanik filed a lawsuit against West for assault, battery, negligence and interference with the exercise of her civil rights following the alleged altercation. She claims in her complaint that on Jan. 27, 2023, the musician threw her phone into traffic outside Sports Academy in Newbury Park, Calif.
On the music side, West is coming off the release of his Billboard 200-topping Vultures album alongside Ty Dolla $ign in February. The Vultures 2 sequel is rumored to be released in May.
Utah police are accusing YoungBoy Never Broke Again (aka NBA YoungBoy) of running a “large scale prescription fraud ring” aimed at purchasing codeine from local drug stores, according to new legal filings that shed light on his arrest earlier this week.
In an affidavit disclosed in court documents Thursday (April 18) and obtained by Billboard, the Cache County Sheriff’s Office said it had executed a search warrant Monday on YoungBoy’s home – where he’s been living under house arrest for more than two years while awaiting trial on federal gun charges.
According to the filings, the raid followed a monthslong investigation into allegedly fraudulent prescription drug purchases at multiple Utah drug stores by “associates” of YoungBoy (real name Kentrell DeSean Gaulden). The search allegedly turned up prescription drugs bearing the names used in some of the phony purchases, as well as a gun.
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“Kentrell DeSean Gaulden, also known as NBA YoungBoy, has been a target of investigation by the Cache County Sheriff’s Office after being identified as a suspect in a large scale prescription fraud ring,” reads the affidavit, signed by a local police officer. “The prescription fraud ring is known to have attempted or has acquired various prescription medications … from multiple pharmacies in Cache County as well as throughout the state of Utah.”
Thursday’s affidavit from local police was disclosed by federal prosecutors, who filed it along with a request for a federal judge to revoke YoungBoy’s pre-trial house arrest and place him in detention until his trial.
YoungBoy’s attorney did not immediately return a request for comment. The Cache County Sheriff’s Office has not yet responded to requests for comment on YoungBoy’s arrest.
According to Thursday’s filings, Utah authorities claim that multiple people used a real doctor’s name and identification number to call in prescriptions at local pharmacies for promethazine with codeine, a cough suppressant-opioid mix that’s best known as an ingredient in “purple drank” or “lean.” Several such people were reportedly arrested in a car registered to YoungBoy; several of them were also allegedly recorded as visitors to the mansion where he is serving house arrest.
“A suspect calls in a prescription, claiming the identity of a real doctor and using a fraudulent patient name and birthday, all for Promethazine with Codeine,” the Utah police affidavit reads “Sometime after the prescriptions are called in, they are filled and picked up by various individuals that have been found to be involved in the organized criminal dealings.”
The filing sheds light on YoungBoy’s sudden arrest Tuesday, when the rapper was hit with six new charges, including procuring or attempting to procure prescription drugs; possession of other controlled substances; possession of a dangerous weapon by a restricted person; a “pattern of unlawful activity”; identify fraud; and forgery.
The new accusations came as YoungBoy was awaiting trial on federal firearms charges filed against him in March 2021, stemming from a September 2020 incident in Baton Rouge, La., in which he was allegedly found with two guns. He was charged with violating a long-standing federal law that bans convicted felons from ever again possessing guns — a rule that applied to him because he had been convicted in 2017 of aggravated assault with a firearm.
The rapper had finally been set for a trial on those charges this July. But in a March ruling, a federal judge paused the case to await a Supreme Court ruling on a major gun-control case that could play a key role in YoungBoy’s efforts to avoid a conviction.
While awaiting trial, YoungBoy has been confined to his Salt Lake City mansion — a house arrest that has now lasted more than two full years. In October, his attorneys pleaded that the “long period of social isolation” was harming his mental health and asked that the judge loosen restrictions, including allowing him to travel to a recording studio to create new music. But that request was largely denied in November.
Now, based on the new Utah arrest, federal prosecutors are seeking to revoke YoungBoy’s house arrest arrangement entirely: “The United States respectfully requests that this court issue an order to arrest the defendant, set a hearing to determine whether the defendant’s pre-trial release order shall be revoked, and detain the defendant pending trial.”
YoungBoy remains in Cache County jail as of Thursday, according to inmate records. Utah authorities have asked that he not be granted bail until the federal judge rules on the request to revoke his house arrest and detain him.
On Tuesday morning (April 16), GloRilla was reportedly arrested on suspicion of DUI in Georgia. According to TMZ, which first reported the arrest, the rapper (real name: Gloria Hallelujah Woods) was arrested on suspicion of driving under the influence, consuming/possessing an open alcoholic beverage container and a separate traffic charge in Suwanee, Georgia, a suburb […]
YoungBoy Never Broke Again (aka NBA YoungBoy) was arrested Tuesday (April 16) in Utah, where he has been under house arrest for more than two years while awaiting trial on federal gun charges. The rapper (real name Kentrell Gaulden) was arrested on seven charges ranging from drug and gun possession to identity fraud, according to […]
This is The Legal Beat, a weekly newsletter about music law from Billboard Pro, offering you a one-stop cheat sheet of big new cases, important rulings and all the fun stuff in between.
This week: Legal experts raise concerns about Tennessee’s new ELVIS Act and other laws aimed at AI-powered voice cloning; Jelly Roll faces a trademark lawsuit from a Philadelphia wedding band with the same name; Taylor Swift and other artists get their music back on TikTok; and much more.
THE BIG STORY: Are New AI Voice Laws Going Too Far?
State and federal lawmakers across the country are scrambling to crack down on voice cloning – an effort cheered on by the music industry and artists. But some legal experts are worried such laws might be an “overreaction” that could have unintended consequences.
With last month’s enactment of the ELVIS Act, Tennessee became the first state in the country to pass legislation aimed at protecting artists from situations like last year’s infamous fake Drake song. At least five other states are considering similar bills, and a federal version is currently being debated on Capitol Hill.
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Those laws address a very real problem – namely, that artificial intelligence tools have made it far easier to convincingly mimic a real person’s voice, and existing laws seem only to provide them with limited recourse to stop it.
But while legislative efforts to fix that have been broadly supported by the music industry, they’ve met a more mixed reaction among some legal experts, who are concerned that the rush to pass new laws could lead to collateral damage for free speech and other “innocuous” behavior – ranging from tribute bands to interpolations.
Other top stories this week…
JELLY ROLL TRADEMARK SUIT – The rapper-turned-country star was hit with a trademark infringement lawsuit from a well-known Philadelphia wedding band that has used the name Jellyroll for decades. The case claims that Jelly Roll’s increasing popularity over the past two years has flooded the market with the name, making it difficult for prospective clients to find “Philly’s favorite wedding band.”
TIKTOK & TAYLOR – Why is music from Taylor Swift and certain other Universal Music Group artists back on TikTok, despite an ongoing licensing feud that has seen the music giant pull its catalog from the social media platform for months? As explained by Billboard’s Elias Leight and Kristin Robinson, the answer mostly boils down to leverage and good lawyering.
LIVE NATION TO FACE SUIT – The U.S. Department of Justice is reportedly planning to sue Live Nation within a matter of weeks over alleged violations of federal antitrust laws, including that the company leveraged it dominant position over the live music industry to undermine competition for ticketing. The case follows years of antitrust criticism of Live Nation, which increased in intensity after the company’s botched handling of ticket sales for Taylor Swift’s “Eras” tour in November 2022.
NewJeans in LA on March 6, 2024.
Sami Drasin
K-POP DEFAMATION BATTLE – The K-pop group NewJeans asked a U.S. federal court to force Google to unmask an anonymous YouTube user so that the person can be criminally prosecuted in South Korea for posting “false and defamatory videos.” The case that highlighted the stark differences between defamation laws in America and Korea – where even true statements can get you hauled into court, and criminal convictions can lead to “imprisonment with labor for up to seven years.”
PANDORA HITS BACK AT MLC – The streaming service fired back at a lawsuit filed by the Mechanical Licensing Collective that claims the company has failed to properly pay streaming royalties, calling the case a “gross overreach” based on a “legally incoherent position.” The case centers on whether Pandora’s free ad-supported service is an “interactive” platform like Spotify, or more similar to a “noninteractive” radio broadcast – a key distinction under the federal copyright laws that govern royalty payments.
FAKE MERCH, REAL PROBLEMS – Bootleg artist merchandise is a big problem, as attorneys for the biggest stars in the world say they send countless takedown notices annually but that they face “a game of Whack-a-Mole” with few easy answers. Go read Billboard’s story from Steve Knopper, who chatted with numerous lawyers on the front lines in the war against fake merch.
RADIO RIGHTS SETTLEMENT – Global Music Rights, Irving Azoff’s boutique performance rights organization that reps Bruce Springsteen, Bruno Mars, Prince, Drake and others, settled a copyright infringement lawsuit in which it had accused seven Vermont radio stations of refusing to license the group’s music.
Pandora is firing back at a lawsuit filed by the Mechanical Licensing Collective (the MLC) that claims the company has failed to properly pay streaming royalties, calling the case a “gross overreach” based on a “legally incoherent position.”
The MLC — the group created by Congress in 2018 to collect streaming royalties — filed the lawsuit earlier this year, accusing Pandora (a unit of SiriusXM) of misclassifying the nature of its streaming service to avoid paying the kind of higher royalties owed by “interactive” platforms like Spotify.
But in its first response to the case filed on Tuesday (April 16), Pandora calls the MLC’s lawsuit a “wild overreach” that “distorts the Pandora experience” — and one filed by an entity that is not even legally empowered to bring such cases.
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“The MLC … was intended to be a neutral intermediary charged with collecting and distributing royalties under the blanket license,” Pandora writes. “It is not authorized to play judge and jury over a streaming service’s legal compliance, nor was it created … to pursue legal frolics and detours such as this one.”
Pandora’s lawyers also say the lawsuit is based on a “a legally incoherent position” that has never been raised by the music companies for whom the MLC is collecting royalties: “The MLC seems to think it knows something the entire music industry does not.”
A rep for the MLC did not immediately return a request for comment.
At the heart of the lawsuit against Pandora is the distinction between “interactive” platforms like Spotify or Apple Music, which allow users to pick their songs on demand, and “noninteractive” platforms that provide an experience more like radio. It’s a key dividing line since interactive and noninteractive services pay very different royalties under different systems.
Though Pandora offers a premium tier with on-demand functionality, it has long treated Pandora Free — the core radio-like product that fueled the company’s rise in the late 2000s — as a noninteractive service, since it largely serves users a mix of songs based on their preferences.
But in a February lawsuit, the MLC argued that Pandora Free had crossed the line into “interactive” status by offering so-called “Sponsored Premium Access” sessions, which allow users to briefly play specific songs in return for watching ads. As a result, the MLC argued that Pandora owed the same kind of royalties for Pandora Free as services like YouTube or Spotify pay.
“Pandora provides even greater interactive access and functionality than these other ad-supported interactive streaming services,” the MLC wrote. “Despite the interactive functionality of Pandora Free, Pandora has failed to report in full Pandora Free usage to The MLC.”
In Tuesday’s response, Pandora’s lawyers argued that the MLC’s lawsuit “badly distorts reality” by making a “blatant mischaracterization of Pandora’s offerings.”
In their telling, the disputed “Sponsored Premium Access” sessions are merely brief previews of the company’s on-demand tier with “strict caps” on usage — not a wholesale feature that would “transform” Pandora Free “into an interactive service like Spotify or Apple Music.”
What’s more, Pandora says that feature was explicitly negotiated with music companies, who have never once objected to it or argued that it required Pandora to “fundamentally change its approach to licensing.”
“The MLC apparently thinks it knows better than the entire music publishing industry,” Pandora wrote. “Not only is the MLC operating far outside its administrative bounds, but it is also completely wrong on the law.”
Speaking with Billboard on Tuesday, George White, senior vp of music licensing at SiriusXM and Pandora, echoed the claims made by Pandora in the legal response.
“The lawsuit is really a gross overreach, especially when you consider that Pandora is such a well-known and well-established non-interactive music streaming service,” White said. “There are no checks and balances on the MLC. We believe that’s something, as part of the MLC redesignation, that the Copyright Office really needs to consider.”
White was alluding to the Copyright Office’s ongoing “redesignation process” of the MLC — a five-year check-up required by Music Modernization Act to ensure that the organization is functioning effectively. The first-ever redesignation started in January and is set to wrap up later this year.
The U.S. Department of Justice is planning to sue Live Nation over alleged violations of federal antitrust laws, according to a report by the Wall Street Journal.
A lawsuit will be filed within weeks that alleges the concert giant leveraged its dominance over the live music industry to undermine competition for ticketing, the Journal reported Tuesday, citing people familiar with the matter. Few other details about the planned case were revealed.
Live Nation has faced widespread criticism from angry fans and lawmakers since its botched handling of Taylor Swift’s “Eras” tour in 2022. Days after the incident, news broke that the DOJ had already been investigating Live Nation for months over potential antitrust violations.
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Representatives for Live Nation and the DOJ did not immediately return requests for comment from Billboard.
Since Live Nation and Ticketmaster merged in 2010, the company has long faced criticism that it exerts an unfair dominance over the market for live concerts. The DOJ approved the merger at the time, but imposed a so-called consent decree designed to prevent the company from abusing its position. Those restrictions were set to expire in 2020, but they were extended by five years after the DOJ accused Live Nation of repeatedly violating the decree.
That same criticism resurfaced in late 2022 with the disastrous roll out of tickets to Swift’s tour, which saw widespread service delays and website crashes as millions of fans tried – and many failed – to buy tickets. Live Nation pinned the blame on a “staggering number of bot attacks,” but lawmakers quickly argued that the incident was the result of a market dominated by one company.
“Ticketmaster’s power in the primary ticket market insulates it from the competitive pressures that typically push companies to innovate and improve their services,” said Sen. Amy Klobuchar (D-Minn.), the chair of the Senate subcommittee for antitrust issues.
In December 2022, the New York Times reported that DOJ had already been investigating Live Nation for months before the Swift debacle, including reaching out to venues across the country to ask about the company’s conduct. A year later, Reuters reported that the probe was ongoing, with federal investigators focusing on whether Live Nation imposed anticompetitive agreements on venues.
Last year, Live Nation hired Dan Wall, a veteran competition attorney who previously headed the antitrust practice at the law firm Latham & Watkins, as an executive vice president for corporate and regulatory affairs. In a blog post last month, Wall publicly defended the company against allegations similar to those that could be coming in the DOJ’s lawsuit, arguing that ticket prices were set by artists and driven up by the forces of supply and demand.
“In the ongoing antitrust attacks on Live Nation and Ticketmaster, a constant theme is that their alleged ‘monopolies’ are responsible for high ticket prices,” Wall wrote. “Rhetorically, that’s understandable, because if you want to rile up fans against Live Nation and Ticketmaster, there is no better way than to blame them for something you know fans dislike.”
Global Music Rights (GMR), the boutique U.S. performance rights organization (PRO) that represents Bruce Springsteen, Bruno Mars, Prince, Drake, Pharrell Williams, the John Lennon estate, the Eagles and others, has settled its copyright infringement lawsuit against the Vermont Broadcast Association (VBA) that was filed in January. According to Global Music Rights, which was founded by […]