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CASE CAPTION: Celador International Ltd., Lusam Music Ltd. and Paul Smith v. The Walt Disney Co., American Broadcasting Cos. Inc., Buena Vista Television (BVT) and Valleycrest Productions Ltd., U.S. District Court #04-3541.
CAUSES OF ACTION: Copyright infringement; breach of contract; breach of the covenant of good faith and fair dealing; tortious interference with contract; breach of fiduciary duty; fraudulent inducement; constructive fraud; unfair competition under Calif. Business & Professions Code Sec. 17200; an accounting; and declaratory relief.
COMPLAINT ALLEGATIONS: The British-based Lusam owns the copyrights in the music to “Who Wants to Be a Millionaire” which has been used in theme park attractions without obtaining the grand and dramatic performing rights. Smith and his British-based company, Celador, were the creators of the TV series. The plaintiffs, and ABC and BVT, agreed in 1998 to become 50/50 partners in exploiting the series in North America. Smith was to be executive producer and have meaningful consultation rights on creative elements. Despite the huge success of the series, BVT failed to renegotiate with ABC for a higher license fee because both were Disney affiliates. The defendants also have improperly charged distribution fees and expenses against the merchandising revenues derived from the series.
RELIEF SOUGHT: Unspecified damages; a declaration of rights; an injunction barring improper charges not fairly related to the series and against entering into license agreements with Disney affiliates without first seeking competitive deals in the open market; and the appointment of a receiver to make sure BVT is not entering into sweetheart deals.
PLAINTIFFS' COUNSEL: Stanton L. Stein, Marcia J. Harris and Bridgette M. Taylor of Santa Monica, CA's Alschuler Grossman Stein & Kahan (310-907-1000).
CASE CAPTION: Erik Lindsay and Scott Donnelly v. Josh Schwartz, L.A. Superior Court # BC315621.
CAUSES OF ACTION: Fraud, breach of oral contract and breach of confidential relationship.
COMPLAINT ALLEGATIONS: Lindsay and Schwartz are writers and producers who had been close friends for about 10 years. In June 2002, Lindsay agreed with his agent that it was the right time to pitch a TV series idea that he co-wrote with Donnelly called “The Pointes” ' a teen drama centered on a rough-and-tough boy from the wrong side of the tracks who is moved to a wealthy, beachfront community. Lindsay told Schwartz about the show and read the entire treatment to him. They then entered into an oral agreement to sell and produce the series, with Schwartz serving as executive producer and showrunner. The plaintiffs would be co-creators, writers and producers. The parties were to equally split the profits. In January 2003, Lindsay read an article stating that Schwartz was slated to write and executive produce an hour-long drama set in Newport Beach, CA. The series turned out to “The O.C.” on Fox. Schwartz allegedly pitched Lindsay's idea to director Joseph McGinty Nichol, professionally known as McG, within 90 days of entering into the oral contract with Lindsay and took full credit for it.
RELIEF SOUGHT: $10 million.
PLAINTIFFS' COUNSEL: Glen L. Kulik and Laura M. Di Girolamo of Sherman Oaks, CA's Kulik, Gottesman, Mouton & Siegel (310-557-9200).
CASE CAPTION: Sylvester Stallone and Rogue Marble Productions Inc. v. Chartoff-Winkler Productions Inc., United Artists Pictures Inc. and Metro-Goldwyn-Mayer Pictures Inc., U.S. District Court for the Central District of California #04-3410.
CAUSES OF ACTION: False designation of origin under the Lanham Act; violation of the common law right of publicity; declaratory relief; breach of the implied covenant of good faith and fair dealing; intentional interference with prospective economic advantage; fraud; negligent misrepresentation; breach of warranty of title; unfair competition in violation of common law and of Calif. Business & Professions Code Sec. 17200.
COMPLAINT ALLEGATIONS: Stallone claims that for a TV series titled “The Real Rocky,” the defendants have used the “Rocky” character he created and may compete with Stallone's new NBC boxing reality series “The Contender.” The defendants are “free-riding off of the goodwill associated with Stallone (who starred in five 'Rocky' films) and misleading the public into erroneously believing he is associated with their project.” The defendants have blocked development of a “Rocky VI” film by falsely claiming it could not be produced without their permission.
RELIEF SOUGHT: An injunction against used of the Rocky name and character by the defendants and a declaration that Stallone can produce “Rocky VI” without the permission or interference of the studios.
PLAINTIFFS' COUNSEL: Gerald A. Margolis, Mark S. Lee, Barry Mallen and Beverly Frank of Los Angeles' Manatt, Phelps & Phillips (310-312-4000).
CASE CAPTION: Celador International Ltd., Lusam Music Ltd. and Paul Smith v.
CAUSES OF ACTION: Copyright infringement; breach of contract; breach of the covenant of good faith and fair dealing; tortious interference with contract; breach of fiduciary duty; fraudulent inducement; constructive fraud; unfair competition under Calif. Business & Professions Code Sec. 17200; an accounting; and declaratory relief.
COMPLAINT ALLEGATIONS: The British-based Lusam owns the copyrights in the music to “Who Wants to Be a Millionaire” which has been used in theme park attractions without obtaining the grand and dramatic performing rights. Smith and his British-based company, Celador, were the creators of the TV series. The plaintiffs, and ABC and BVT, agreed in 1998 to become 50/50 partners in exploiting the series in North America. Smith was to be executive producer and have meaningful consultation rights on creative elements. Despite the huge success of the series, BVT failed to renegotiate with ABC for a higher license fee because both were Disney affiliates. The defendants also have improperly charged distribution fees and expenses against the merchandising revenues derived from the series.
RELIEF SOUGHT: Unspecified damages; a declaration of rights; an injunction barring improper charges not fairly related to the series and against entering into license agreements with Disney affiliates without first seeking competitive deals in the open market; and the appointment of a receiver to make sure BVT is not entering into sweetheart deals.
PLAINTIFFS' COUNSEL: Stanton L. Stein, Marcia J. Harris and Bridgette M. Taylor of Santa Monica, CA's Alschuler Grossman Stein & Kahan (310-907-1000).
CASE CAPTION: Erik Lindsay and Scott Donnelly v. Josh Schwartz, L.A. Superior Court # BC315621.
CAUSES OF ACTION: Fraud, breach of oral contract and breach of confidential relationship.
COMPLAINT ALLEGATIONS: Lindsay and Schwartz are writers and producers who had been close friends for about 10 years. In June 2002, Lindsay agreed with his agent that it was the right time to pitch a TV series idea that he co-wrote with Donnelly called “The Pointes” ' a teen drama centered on a rough-and-tough boy from the wrong side of the tracks who is moved to a wealthy, beachfront community. Lindsay told Schwartz about the show and read the entire treatment to him. They then entered into an oral agreement to sell and produce the series, with Schwartz serving as executive producer and showrunner. The plaintiffs would be co-creators, writers and producers. The parties were to equally split the profits. In January 2003, Lindsay read an article stating that Schwartz was slated to write and executive produce an hour-long drama set in Newport Beach, CA. The series turned out to “The O.C.” on Fox. Schwartz allegedly pitched Lindsay's idea to director Joseph McGinty Nichol, professionally known as McG, within 90 days of entering into the oral contract with Lindsay and took full credit for it.
RELIEF SOUGHT: $10 million.
PLAINTIFFS' COUNSEL: Glen L. Kulik and Laura M. Di Girolamo of Sherman Oaks, CA's Kulik, Gottesman, Mouton & Siegel (310-557-9200).
CASE CAPTION: Sylvester Stallone and Rogue Marble Productions Inc. v. Chartoff-Winkler Productions Inc., United Artists Pictures Inc. and Metro-Goldwyn-Mayer Pictures Inc., U.S. District Court for the Central District of California #04-3410.
CAUSES OF ACTION: False designation of origin under the Lanham Act; violation of the common law right of publicity; declaratory relief; breach of the implied covenant of good faith and fair dealing; intentional interference with prospective economic advantage; fraud; negligent misrepresentation; breach of warranty of title; unfair competition in violation of common law and of Calif. Business & Professions Code Sec. 17200.
COMPLAINT ALLEGATIONS: Stallone claims that for a TV series titled “The Real Rocky,” the defendants have used the “Rocky” character he created and may compete with Stallone's new NBC boxing reality series “The Contender.” The defendants are “free-riding off of the goodwill associated with Stallone (who starred in five 'Rocky' films) and misleading the public into erroneously believing he is associated with their project.” The defendants have blocked development of a “Rocky VI” film by falsely claiming it could not be produced without their permission.
RELIEF SOUGHT: An injunction against used of the Rocky name and character by the defendants and a declaration that Stallone can produce “Rocky VI” without the permission or interference of the studios.
PLAINTIFFS' COUNSEL: Gerald A. Margolis, Mark S. Lee, Barry Mallen and Beverly Frank of Los Angeles'
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