At the outset, nothing to get too excited about because the more interesting litigation between M-1 and Affliction appears to still be going strong. In fact, according to the July 19, 2010 Order in that litigation, Fedor's deposition should be taking place this week.
However, there does appear to be some closure in a smaller action in which M-1 and Affliction appear on the same side of the "v" as defendants that stemmed from the promotion of the Fedor Barnett fight that never came to be.
As you may recall, on November 24, 2009, Freeplay Music, LLC filed a lawsuit against M-l Global, M-1Global.com, M-1 America, Affliction Entertainment Group, LLC, and Affliction, Inc., in the United States District Court for the Southern District of New York asserting a claim for copyright infringement.
In its complaint, Freeplay alleged that M-l Global, M-1Global.com and M-l America "organized and planned to hold a Mixed Martial Arts Event [] between Fedor Emelianenko and Josh Barnett, scheduled for August 1, 2009" and that M-1 hired Affliction to produce a television commercial promoting the event.
The crux of the complaint is the allegation that "[f]rom at least July 20, 2009 to June 25, 2009, Defendants have caused to be broadcast, without proper authorization, Freeplay's copyrighted song 'Legion' on at least 412 different occasions in a commercial to promote the MMA Event []."
There was very little activity in this case and, on July 9, 2010, Freeplay filed a notice of dismissal of the action without prejudice. Thus, at least for now, this matter appears concluded.
Fight Lawyer
