Vandals Win First Round Of Ridiculous Lawsuit Variety Filed Against Them; Issue Mocking Video

from the third-rate-punk-band,-huh? dept

We've written a couple times about the absolutely ridiculous lawsuit that publishing giant Reed Elsevier filed against the punk band The Vandals. At issue was the fact that, years ago, the band put out an album, in which its logo was designed to parody the logo of Daily Variety, the Hollywood trade rag published by Reed Elsevier.


Way back when the album was first coming out, Variety had sent a cease and desist letter, and rather than fighting it (with a very strong fair use/parody claim) The Vandals caved and agreed not to use the image. However, the image can still be found online -- but not on sites controlled by the band. So Reed Elsevier and Variety are suing the band for somehow not magically stopping these other sites from using the image.

I had thought that once the ridiculousness of this became public, Reed Elsevier would quickly back down, but instead it dug in. Even more ridiculous is that it sued in Delaware, knowing that this would make life more difficult for the band, which is based in LA. Making things even more interesting is that the band's bassist, Joe Escalante, is also a former entertainment industry lawyer, though not a litigator. But, not one to back down from a fight, he decided to represent the band, went about learning the basics of litigation, and even got himself admitted to practice in Delaware.

Escalante emailed us to let us know that all of this has paid off so far, as the band has won the first round of the legal fight, and got the suit tossed out in Delaware and sent to California where it should have been filed in the first place. The short and sweet court order makes it clear that the judge finds it distasteful that Reed appears to have purposely filed the lawsuit across the country from the band to make life difficult for the band. You can see the full order below, but the key point is in the footnote, where the court notes that it certainly could have jurisdiction on the case, but given the circumstances, it feels that it is not appropriate, clearly suggesting that it recognizes the use of the court in Delaware was mainly to inconvenience the band:
The court recognizes that it could, if it were so inclined, choose to exercise jurisdiction over this matter and permit this case to proceed here in Delaware, given that a settlement agreement between the parties contains a clause that names Delaware as the forum for litigating disputes arising from the agreement. That settlement does not bind this court, however, and given the facts and circumstances surrounding this case, the court has decided in its discretion to decline to exercise jurisdiction. First, all relevant conduct and activities appear to have taken place in California, where the defendants reside and operate. Similarly, it appears that the Central District of California would be a far more convenient forum for trial, since the court's reading of the complaint and other documents in the record is that the vast majority of documents and witnesses pertaining to this case are in California. Furthermore, the consent judgment that underlies the plaintiffs' complaint was entered by the United States District Court for the Central District of California, and states that that court retains jurisdiction for the purposes of enforcing the consent judgment and related permanent injunction. It would be far better for that court to determine whether the conduct in question falls within the scope of the consent judgment and permanent injunction. Finally, given the defendants' apparently limited financial resources and the significant costs associated with litigating in Delaware, the court finds that the defendants would be unfairly prejudiced if they were forced to litigate in this district.
In response to this ruling the band has been mocking Variety and its lawyers relentlessly. The link above goes to a pretty incendiary blog post which, frankly, might also open the band up to defamation charges, but that would really only be digging Reed Elsevier deeper into a truly pointless legal battle. Separately, the band has used our favorite movie creation tool, Xtranormal to create this rather hilarious (and probably NSFW) video of a "fictitious meeting" between Variety's outside lawyer on this case and Variety's editor. It made me laugh:



Reader Comments (rss)

(Flattened / Threaded)

  1.  
    icon
    GeneralEmergency (profile), Apr 14th, 2011 @ 8:16pm

    The Score...

    David, 1.
    Goliath, 0.

     

    reply to this | link to this | view in thread ]

  2.  
    identicon
    Anonymous Coward, Apr 14th, 2011 @ 8:27pm

    Re: The Score...

    Sadly there are 3 billion innings to go and Goliath has a lot more players.

     

    reply to this | link to this | view in thread ]

  3.  
    identicon
    Anonymous Coward, Apr 14th, 2011 @ 9:48pm

    http://www.youtube.com/copyright_school

    Would that had all this trouble if they have gone to Youtube Copyright School?

    LoL

     

    reply to this | link to this | view in thread ]

  4.  
    identicon
    JC, Apr 14th, 2011 @ 10:41pm

    Yeah, I remember Escalante from a previous post here-
    http://www.techdirt.com/articles/20100913/01195610985.shtml
    Public Domain is Communism, right?

     

    reply to this | link to this | view in thread ]

  5.  
    identicon
    Anonymous Coward, Apr 15th, 2011 @ 3:08am

    However, the image can still be found online -- but not on sites controlled by the band.

    So much for fact checking.

     

    reply to this | link to this | view in thread ]

  6.  
    identicon
    Anonymous Coward, Apr 15th, 2011 @ 9:37am

    Re:

    Indeed. Mike loves to expose journalists who do that, yet failed to do so multiple times.

     

    reply to this | link to this | view in thread ]

  7.  
    icon
    Keith (profile), Apr 15th, 2011 @ 9:48am

    I love the Vandals and now I love them more.

     

    reply to this | link to this | view in thread ]

  8.  
    identicon
    belg4mit, Apr 15th, 2011 @ 8:59pm

    Re:

    There's an implied "with respect to the album." Use in their blog about the law suit is reasonable and to be expected.

     

    reply to this | link to this | view in thread ]

  9.  
    icon
    Niall (profile), Apr 16th, 2011 @ 1:55am

    Re: Re:

    I would love it if we could get a button that changes "Anonymous Coward" to "Anonymous Dickhead" when clicked enough.

     

    reply to this | link to this | view in thread ]

  10.  
    identicon
    Anonymous Coward, Apr 16th, 2011 @ 3:45am

    Re: Re: Re:

    A troll button would be nice, too.

    When Mike does it, it's "implied" but when mainstream media do it, it's negligence. Nice.

     

    reply to this | link to this | view in thread ]

  11.  
    identicon
    whome?, Apr 17th, 2011 @ 9:26pm

    grammar!!

    "couple OF times" ... OF, OF

    !!!

     

    reply to this | link to this | view in thread ]


Add Your Comment

Have a Techdirt Account? Sign in now. Want one? Register here
Get Techdirt’s Daily Email
Save me a cookie
  • Note: A CRLF will be replaced by a break tag (<br>), all other allowable HTML will remain intact
  • Allowed HTML Tags: <b> <i> <a> <em> <br> <strong> <blockquote> <hr> <tt>
Follow Techdirt
A word from our sponsors...
Essential Reading
Techdirt Reading List
Techdirt Insider Chat
A word from our sponsors...
Recent Stories
A word from our sponsors...

Close

Email This