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COURTHOUSE STEPS
CASE CAPTION: John Densmore, individually and on behalf of California general partnerships comprised of John Densmore, the Estate of James Morrison, the Estate of Pam Courson, Raymond Manzarek and Robert Krieger v. Raymond Manzarek, Robert Krieger, Ian Astbury and Stewart Copeland, L.A. Superior Court # BC289730.
CAUSES OF ACTION: An injunction and an accounting.
COMPLAINT ALLEGATIONS: The defendants are wrongfully holding themselves out as The Doors and wrongfully appropriated the trade name and logo. Densmore, Manzarek and Krieger were all members of the original band, Astbury was in The Cult and Copeland was in The Police. The Doors was created in 1965 with Jim Morrison and a partnership was formed in 1966, with the band members being equal partners. The agreement provided that if the partnership were dissolved, no individual member would have the right to use the name. The partnership terminated with Morrison's death in 1971. Pam Courson, Morrison's wife; died several years later. The three surviving members, with the acquiescence of Courson, agreed to continue using the band name together ' but not individually or with others. The new agreement also required unanimity on partnership matters. Plaintiff Densmore told the others that he no longer intended to perform in a band with them and did not consent to their use of the band name. He believes that the estates of Morrison and Courson also object to use of the name. Krieger and Manzarek said they would use another name and only identify themselves as former members of The Doors, but they have advertised appearances as The Doors.
RELIEF SOUGHT: An injunction against use of the name and unspecified damages.
PLAINTIFFS' COUNSEL: S. Jerome Mandel and Naomi Underwood of Santa Monica, CA's Mandel & Norwood.
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CASE CAPTION: James Gandolfini, Jamie-Lynn Sigler, Steven Van-Zandt, Robert Iler, Tony Sirico, Edie Falco, Lorraine Bracco and Michael Imperioli v. Best Buy Co. Inc., L.A. Superior Court # BC289632-636 and 638-640.
CAUSES OF ACTION: Violation of Calif. Civil Code Sec. 3344, invasion of privacy, misappropriation of likeness, and violation of Calif. Bus. & Prof. Code Secs. 17200 and 17500.
COMPLAINT ALLEGATIONS: Eight members of the cast of the cable-TV hit 'The Sopranos' have filed individual suits against electronics retailer Best Buy for allegedly using their pictures in a newspaper ad without permission. The suits claim that Best Buy 'unilaterally misappropriated' the celebrities' likenesses, 'thereby stealing the economic value' of the plaintiffs' participation in the ad campaign. The ad is for a combination of items, including subscriptions to HBO, Cinemax and DirecTV. The ad copy is headlined 'Call the Boys' and states: 'They got all the shows a guy wants, plus The Sopranos. What, you got a problem with that?'
PLAINTIFFS' COUNSEL: Jonathan H. Anschell and Eugenie L. Warner of Los Angeles' White O'Connor Curry & Avanzado.
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CASE CAPTION: Kiyamma Griffin and Floyd Howard v. Mary J. Blige, Mary Jane Productions and MCA Records Inc., US District Court for the Southern District of New York #03-0533.
CAUSES OF ACTION: Fraud, fraudulent inducement, breach of contract, conversion and conspiracy to convert copyrights and copyright royalties.
COMPLAINT ALLEGATIONS: The plaintiffs wrote and produced several songs for Mary J. Blige for which they have not received royalties owing under agreements they signed with Blige and her company.
RELIEF SOUGHT: $10 million in punitive damages and in excess of $1 million royalties.
PLAINTIFF'S COUNSEL: Wallace Collins of New York's Serling, Rooks & Ferrara LLP.
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CASE CAPTION: Hanna-Barbera Productions Inc. and Jon Shapiro v. Universal City Studios Inc. and Imagine Entertainment Inc., L.A. Superior Court #BC287162.
CAUSES OF ACTION: Breach of contract, money had and received, declaratory relief and an accounting.
COMPLAINT ALLEGATIONS: H.A. and Margaret Rey created the character Curious George in 1941. Plaintiff Shapiro acquired all rights to the property from Margaret Rey in 1989, except for certain rights held by Houghton Mifflin Co. In 1990, Shapiro entered into an agreement with Hanna-Barbera to commercialize the property. Imagine, and its successor-in-interest, Universal, agreed to pay the plaintiffs 10% of gross merchandising revenues in connection with the property. The parties acknowledged that they intended to produce a live action feature film based on the property. Universal has failed to account for any of the merchandising revenue. Universal and Imagine are currently developing an animated feature-length film based on the property. Universal has refused to negotiate in good faith concerning rights under the animated version even though the 1990 agreements require such negotiations if the initial feature film is not live action. Universal now claims that it did not assume Imagine's obligations and that the plaintiffs never had any rights because they coerced Margaret Rey into the initial agreement. Universal sued Houghton Mifflin over book rights in 1995 claiming to have gotten rights from Imagine and that Houghton Mifflin's rights were subject to rights previously granted to Shapiro. That litigation was settled by expressly acknowledging that Universal got its rights through Shapiro.
RELIEF SOUGHT: A declaration of rights and at least $1 million.
PLAINTIFFS' COUNSEL: Brian C. Lysaght and Edward A. Klein of Santa Monica, CA's O'Neill, Lysaght & Sun (310-451-5700), and Robert G. Badal and Edward J. Slizewski of Los Angeles' Heller, Ehrman, White & McAuliffe.
CASE CAPTION: John Densmore, individually and on behalf of California general partnerships comprised of John Densmore, the Estate of James Morrison, the Estate of Pam Courson, Raymond Manzarek and Robert Krieger v. Raymond Manzarek, Robert Krieger, Ian Astbury and Stewart Copeland, L.A. Superior Court # BC289730.
CAUSES OF ACTION: An injunction and an accounting.
COMPLAINT ALLEGATIONS: The defendants are wrongfully holding themselves out as The Doors and wrongfully appropriated the trade name and logo. Densmore, Manzarek and Krieger were all members of the original band, Astbury was in The Cult and Copeland was in The Police. The Doors was created in 1965 with Jim Morrison and a partnership was formed in 1966, with the band members being equal partners. The agreement provided that if the partnership were dissolved, no individual member would have the right to use the name. The partnership terminated with Morrison's death in 1971. Pam Courson, Morrison's wife; died several years later. The three surviving members, with the acquiescence of Courson, agreed to continue using the band name together ' but not individually or with others. The new agreement also required unanimity on partnership matters. Plaintiff Densmore told the others that he no longer intended to perform in a band with them and did not consent to their use of the band name. He believes that the estates of Morrison and Courson also object to use of the name. Krieger and Manzarek said they would use another name and only identify themselves as former members of The Doors, but they have advertised appearances as The Doors.
RELIEF SOUGHT: An injunction against use of the name and unspecified damages.
PLAINTIFFS' COUNSEL: S. Jerome Mandel and Naomi Underwood of Santa Monica, CA's Mandel & Norwood.
* * *
CASE CAPTION: James Gandolfini, Jamie-Lynn Sigler, Steven Van-Zandt, Robert Iler, Tony Sirico, Edie Falco, Lorraine Bracco and Michael Imperioli v.
CAUSES OF ACTION: Violation of Calif. Civil Code Sec. 3344, invasion of privacy, misappropriation of likeness, and violation of Calif. Bus. & Prof. Code Secs. 17200 and 17500.
COMPLAINT ALLEGATIONS: Eight members of the cast of the cable-TV hit 'The Sopranos' have filed individual suits against electronics retailer
PLAINTIFFS' COUNSEL: Jonathan H. Anschell and Eugenie L. Warner of Los Angeles'
* * *
CASE CAPTION: Kiyamma Griffin and Floyd Howard v. Mary J. Blige, Mary Jane Productions and MCA Records Inc., US District Court for the Southern District of
CAUSES OF ACTION: Fraud, fraudulent inducement, breach of contract, conversion and conspiracy to convert copyrights and copyright royalties.
COMPLAINT ALLEGATIONS: The plaintiffs wrote and produced several songs for Mary J. Blige for which they have not received royalties owing under agreements they signed with Blige and her company.
RELIEF SOUGHT: $10 million in punitive damages and in excess of $1 million royalties.
PLAINTIFF'S COUNSEL: Wallace Collins of
* * *
CASE CAPTION: Hanna-Barbera Productions Inc. and Jon Shapiro v. Universal City Studios Inc. and Imagine Entertainment Inc., L.A. Superior Court #BC287162.
CAUSES OF ACTION: Breach of contract, money had and received, declaratory relief and an accounting.
COMPLAINT ALLEGATIONS: H.A. and Margaret Rey created the character Curious George in 1941. Plaintiff Shapiro acquired all rights to the property from Margaret Rey in 1989, except for certain rights held by Houghton Mifflin Co. In 1990, Shapiro entered into an agreement with Hanna-Barbera to commercialize the property. Imagine, and its successor-in-interest, Universal, agreed to pay the plaintiffs 10% of gross merchandising revenues in connection with the property. The parties acknowledged that they intended to produce a live action feature film based on the property. Universal has failed to account for any of the merchandising revenue. Universal and Imagine are currently developing an animated feature-length film based on the property. Universal has refused to negotiate in good faith concerning rights under the animated version even though the 1990 agreements require such negotiations if the initial feature film is not live action. Universal now claims that it did not assume Imagine's obligations and that the plaintiffs never had any rights because they coerced Margaret Rey into the initial agreement. Universal sued Houghton Mifflin over book rights in 1995 claiming to have gotten rights from Imagine and that Houghton Mifflin's rights were subject to rights previously granted to Shapiro. That litigation was settled by expressly acknowledging that Universal got its rights through Shapiro.
RELIEF SOUGHT: A declaration of rights and at least $1 million.
PLAINTIFFS' COUNSEL: Brian C. Lysaght and Edward A. Klein of Santa Monica, CA's O'Neill, Lysaght & Sun (310-451-5700), and Robert G. Badal and Edward J. Slizewski of Los Angeles' Heller, Ehrman, White & McAuliffe.
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