Posts by James Molen

James Molen’s practice focuses primarily on intellectual property, entertainment, and general business litigation.



In Defense of Lindsay Lohan (But Not of Her Legal Claims)

I love Lindsay Lohan. Really, I do. I think she’s funny, smart, and an all around good time waiting to happen. Sure, as an actress, she’s had her share of ups and downs. But who hasn’t? As a singer…well…mostly just downs. She’s also been unrelentingly stalked by paparazzi for the entirety of her adult life, getting caught in far more than her share of compromising moments in the process. Well I say, leave Lindsay alone! If I had cameras following me since before I started shaving, I can assure you, it would not be pretty either (riotously entertaining, yes, but not pretty). So I try to cut Lindsay a lot of slack. But man, oh man, is her latest escapade testing the limits of my adoration.

Fresh off settling her lawsuit against E*Trade for a Super Bowl ad featuring a “milkaholic” baby named Lindsay and threatening (via Momager Dina Lohan) to sue the producers of Glee for some off-color Lohan-based Spanish lessons, Lindsay recently filed suit against rapper Pitbull for using her name in his song “Give Me Everything.” The offending lyric in question: “Hustlers move aside, so I’m tiptoein’, to keep flowin’ / I got it locked up like Lindsay Lohan.” Frankly, it is difficult to fully convey the absurdity of this lawsuit. Nevertheless, my enduring loyalty demands that I try.

Holding my nose and looking a little deeper, I see there are two claims apparently being made here: defamation and right of publicity. (From the outset, I should note that Pitbull’s stated defense of  “I thought it would be helping [her] career and keeping [her] relevant”doesn’t fly.) But let’s parse each claim and see if there’s any chance that my hero will succeed. (Spoiler Alert!!! No, there is not.) Continue reading the full story . . . »

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In My Opinion, Twitter Sucks (But They Can’t Sue Me for Defamation for Saying So)

I don’t like Twitter. There, I said it. I know, I know, it’s so revolutionary, it’s bridging social gaps, it’s God’s gift to the information age, blah blah blah. That’s all well and good, but as far as I’m concerned it’s just an outlet for self-righteous blather. As if the whole world needs to sit up and hear about what YOU think about foreign policy or what YOUR opinion is about the new Britney Spears album. If I want your opinion, I’ll ask for it, but don’t be surprised if I don’t, because I probably don’t care.

Not only are most tweets nothing but pompous drivel, they are boring. Boring and utterly pointless. Take this random tweet I just found, after about one second of looking, for your reading pleasure: “Going to have a normal day today. A little cleaning, kids are playing outside, and maybe the park. Nothing too ambitious. I think we all need it.” Awesome.

Now, you probably think I’m a bitter cynic. You probably don’t like me. That’s your opinion and you’re entitled to it (but please, in the name of all that is holy, don’t tweet about it). And at this point, maybe your natural inclination is to say, “OK, James, but what makes you so special that I, dear reader, should care about you? After all, isn’t this whole article just a big long diatribe about your personal opinion?” Well, maybe a little. But it’s my article, so deal with it. Besides, it’s supposed to be ironic, so it’s funny, like a joke. More importantly, there’s a very real legal issue brewing beneath the surface here.

Lately, there has been a rash of defamation lawsuits based on allegedly defamatory tweets. This is not surprising given Twitter’s meteoric rise in popularity. For a recent example, look no further than the lawsuit just brought by Notifi Records CEO, Ira DeWitt, against former New Edition singer Johnny Gill for alleged defamation on Twitter. The singer is alleged to have attacked the reputation of DeWitt and her company by tweeting that she was “deranged” and “f**king nuts,” that Notifi was a fake company, and that she had a “hard on” for the producer of an unreleased Gill single.

There is no doubt that Mr. Gill’s alleged tweets aren’t very nice. But are they actionable as defamation? Probably not. Continue reading the full story . . . »