Mixed Martial Arts Law Blog : Mixed Martial Arts Lawyer & Attorney : David Nelmark : Belin Lamson McCormick Zumbach Flynn Law Firm : Intellectual Property, Media Law : Des Moines, Iowa

Although I've not yet commented on the case, most MMALB readers are probably aware that M-1 and Fedor Emelianenko sued Affliction for its cancelation of the Affliction: Trilogy event that had been scheduled for August 1, 2009.  (For a good discussion of the case visit MMAPayout.com.)

What most of you don't know, however, is that M-1 and Affliction are on the same side of another pending federal case.  A company called Freeplay Music LLC has sued both companies in the United States District Court for the Southern District of New York for alleged misuse of a song called Legion (which can be heard by doing a keyword search for "Legion" on Freeplay's website).  The copyrighted song was allegedly used in at least 412 television commercials for the event. 

MMA promotional companies frequently face a serious issue of  others' infringing on their intellectual property. (See Square Ring v. UStream or, generally, Joe Hand Promotions.)    It is interesting to see the shoe on the other foot.   

As always, the filing of a complaint doesn't necessarily mean anyone has done anything wrong.  Neither M-1 nor Affliction has yet filed their answer to the complaint so we have not yet heard their side of the story. 

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A Massachusetts blog that keeps a close eye on government happenings has reported that Massachusetts Governor Deval Patrick signed into law a bill making the Bay State the 42nd state to regulate mixed martial arts.

MMALB has not been able to confirm the signing, but even if it has not yet occurred, it seems to be only a matter of time.  According to the official history of the bill, the Massachusetts Senate passed a draft 35-1, and the House of Representatives approved a modified version 144-10.   The Senate concurred in an amendment made by the House, and the bill went before the Governor on November 23, 2009.  

Dana White is excited that the UFC will get to promote an event in his former hometown, and he should be equally excited about the manner in which the bill has sailed through the Massachusetts Legislature.  With the oft-discussed New York bill still in limbo, having 94% of legislators supporting the bill in a nearby state can only help the cause.

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Rapper DMX has been sued for $1 million backing out of a celebrity boxing match that was part of a Boxing/MMA card called "Alabama Pride" slated for December 12, 2009 in Alabama.   

Documents posted by TMZ (add requisite grain of salt) indicate that DMX wanted the "fight" staged in a way that protected both his safety and his reputation.   While Thunder Promotions is not above advertising a fight featuring a rapper whose best martial arts credential is that he co-starred with Steven Seagal, it does draw the line at fixed fights.  DMX is out.  Coolio is in.  Really. 

Several lessons here:

1.  Before you promote a fight, make sure those on the card actually plan to take part in a real fight.  (Of course, this may have happened here as a lawsuit has been filed, but see Number 2.) 

2.  The amount of damages sought in a lawsuit often have nothing to do with reality.  (19,000 people wouldn't pay to see DMX rap, let alone fight.)      

3.  If you are going to send out a document that makes your client look really bad, a confidentiality provision in that same document does not help you if the other party decides to go public with it instead of signing it.

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