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June 1, 1980 Volume 2, Number 1
In this issue:
Harlem Globetrotters obtain preliminary
injunction prohibiting Meadowlark Lemon
from using Globetrotter name, Sweet
Georgia Brown song, and Magic Circle
routine, but not from using other routines
or phrase Clown Prince of Basketball . ....... 1
Injunction obtained by radio station
prohibiting former employee from appear-
ing in any chicken suit whatsoever
invalidly restricted his right to earn a
living and express himself as an artist ........... 2
Lanham Act may protect entertainment
characters, though actual confusion neces-
sary to recover damages, Federal District
Court holds in case alleging infringement of
DC Comics' Aquaman and Plastic Man ...... 3
Copyright to song I Love New York was
not infringed by performance of parody on
NBC's Saturday Night Live ................. 4
Johnny Carson is granted summary judg-
ment in libel action against tabloid ............. 4
California Supreme Court rules that
Vincent Bugliosi did not defame or
invade privacy of man mentioned in
Bugliosi's book Helter Skelter .............. 5
Basketball team owner remains liable for
deferred compensation owed to Zelmo
Beaty, despite sale of club and assignment
of Beaty's contract to another team ............ 5
Horse racing regulations upheld in
decisions in three different states ............. 6
Briefly Noted: Copyright, Trademark, Fairness
Doctrine, Television Advertising, Film
Distribution, and Constitutional Law cases ...... 6
Educational Programs Calendar ............... 8
In the Law Reviews .......................... 8
Previously Reported ......................... 8
Lionel S. Sobel Editor
Eileen L. Selsky Associate Editor
Copyright © 1980 by the Entertainment Law Reporter
Publishing Company, 9440 Santa Monica Blvd.,
Suite 600, Beverly Hills, CA 90210
Harlem Globetrotters obtain preliminary
injunction prohibiting Meadlowlark Lemon
from using Globetrotter name, Sweet
Georgia Brown song, and Magic Circle
routine, but not from using other routines
or phrase Clown Prince of Basketball
In 1978, after 22 years as a member of the Harlem
Globetrotters basketball team, Meadowlark Lemon
left the Trotters and began organizing a comic bas-
ketball team of his own. His team is named The
Bucketeers, and it played its first game in Decem-
ber of 1979. At the time Lemon left the Globetrot-
ters, they entered into an agreement concerning
the termination of his employment which clearly
contemplated that Lemon would be forming his own
competitive team thereafter.
However, in a recently filed lawsuit, the Globe-
trotters have alleged that Lemon and his Bucketeers
not only compete with the Globetrotters, but also
steal virtually every ingredient from the formula
which has made the Harlem Globetrotters an inter-
national institution of immeasurable and invaluable
dimensions. According to pleadings filed in the
California Superior Court last April, Bucketeer spec-
tators see a warmup routine, during which the play-
ers perform a variety of trick passes to the accom-
paniment of a rhythmic song, which is a direct
steal of the Globetrotters' Magic Circle warmup
routine. The Globetrotters further contended that
following the Bucketeers' warmup, they begin their
exhibition with the exact same stunt used to com-
mence Globetrotter games and that the Bucket-
eers proceed from that point forward with a line-
by-line copy of a typical Globetrotters performance.
The Globetrotters' lawsuit seeks an injunction pro-
hibiting Lemon and his Bucketeers from performing
a confusingly similar imitation of the Globetrotters'
performances, including more than twenty comedy
basketball routines which the Globetrotters contend
were developed by them. The suit also seeks to
enjoin Lemon from referring to himself as the
Clown Prince of Basketball, from using the song
Sweet Georgia Brown,- and from referring to the
Globetrotters in any way in advertising or publicity
for his Bucketeers.
Entertainment Law Reporter](ViewImageLocal?handle=hein.journals/enterml2&div=1&collection=&method=preview&ext=.png&size=3)
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