Hollywood Docket: Vogue Alleges Ad Sales Con

Posted by Matthew Heller

Advance Magazine Publishers d/b/a Conde Nast Publications v. Swanson, Case No. 08-CV-522 (USDC, C. Calif.), filed Jan. 28

Claims: Unfair competition, trademark infringement

Allegations: Defendant Paul Swanson was at one time associated with AdSert Group, a print media buyer that placed ads in Vogue magazine. Since Vogue informed him in November 2006 that it would no longer accept ads from him, he has engaged in a "fraudulent scheme" whereby, posing as a Vogue writer or editor, he has "persuaded potential advertisers to make cash payments to him ... on the pretext that [the advertiser's product] will be featured or advertised in Vogue." In fact, he has no "ability to write articles or otherwise have Vogue feature the products in question" and "has absconded with the potential advertisers' money and property."

Filing attorney: Joshua Koltun, San Francisco

Telos Holdings, d/b/a Point Classics v. X5 Group AB, d/b/a X5 Music Group, Case No. 08-CV-79 (USDC, M. Tenn.), filed Jan. 25

Claims: Copyright infringement

Allegations: The Point Classics music library has exclusive rights to a catalog of classical music recordings. Around June 2006, it discovered that recordings in the catalog had been illegally licensed to X5, a Swedish music company, which in turn sub-licensed them for distribution through the Rhapsody music downloading website. X5 claims to have a valid license with Cascade GmbH, a German company, but "Plaintiff has entered into a license agreement with Cascade GmbH, whereby Cascade GmbH has acknowledged that Plaintiff is the rightful owner of the Catalog."

Filing attorney: Jason Turner, Lassiter Tidwell Davis Keller & Hogan, Nashville