Sunday, May 6, 2012

Recent Lawsuits In Film & Entertainment



Box-o-mania & Maxim Tselevich
v. 
Marvel Entertainment LLC; Marvel Characters Corp.; Marvel International Character Holdings LLC; Marvel Characters B. V. Inc

Overview:
In 2009, California based toy store, Box-O-Mania, and it’s owner, Maxim Tselevich, created a playhouse and approached Marvel about a licensing deal to use their characters to brand the product. Later, in 2010, Marvel and Box-O-Mania set forth a deal to create a product name Iron Man’s Lair, a playhouse that would feature the character Tony Stark and be released later that year coinciding with the Iron Man 2 movie’s release on DVD. Marvel later then did not want to give the intellectual property needed for the product and Box-O-Mania found out a few months down the road that Marvel didn’t have the rights to the IP they agreed to give in the first place causing the toy company to lose $33,000 already spent on the product.

Opinion:
This lawsuit was filed on May 3, 2012 and I think that was a smart move on Tselevich’s part. It was filed the day before the release of the highly anticipated Avengers movie, which is of course a Marvel Entertainment film. After breaking numerous records in theaters, I’m sure this case will get more press than it would’ve if filed back when they first realized the amount of damages caused by Marvel. Marvel being the corporation and superhero empire it is, and not to mention being owned by Disney, I think it was a rookie mistake to make an offer they couldn’t uphold and I believe Box-O-Mania should receive all the damages they lost back in full along with further compensation for any other expenses.


How could I use this case towards my future endeavors for my business?
Do my homework on the people I’m going to make an agreement with before the fact, no matter how well known of a company it may be, to avoid anything coming up later. As well as sue at a convenient time at the benefit of my business.



George Litto
v.
Columbia Broadcasting System

Overview:
George Litto, talent agent of the creator of the original Hawaii Five-O series from 1968-1980 filed a lawsuit looking to receive profits from the new CBS remake and $10 million in punitive damages. When the creator pasted away in 1974, Litto negotiated an amendment to the contract on behalf of widow Rose Freeman and was set to get a 10% commission. CBS later fought over the rights it and it landed in federal court in 1997. CBS claimed the creator’s heirs to the separation of rights and control of reserved rights. CBS went into discussions with the trusts’ representatives for a series reboot but not Litto. They made an agreement and that allowed for the new series currently on CBS. Rose Freedman pasted away in March, giving Litto sole management control over the company set up to receive revenue and is now why Litto wants punitive demands as well as a transfer of all fess, commissions, profits and other revenue form the new series.

Opinion:
I believe Litto should have been a part of the discussions for the reboot of the series since his agency also negotiated for Leonard Freeman, the creator, up until he pasted away. With Hawaii Five-O being a top rated show, Litto also believed if the 1974 deal hadn’t been amended it could have gotten the company he and Rose set up, so I don’t think his amount for punitive damages it too much. The original show was very successful and so is the remake thus far so Rose should have included Litto in her negotiations because she may under bargained with CBS.

How could I use this case towards my future endeavors for my business?
I will be sure to extensively write out how anything my business or I create will be willed and what I would wish to happen with it upon my death.



Renaissance Pictures
v.
Award Pictures

Overview:
Last year, in 2011, Sam Raimi announced he would be making a fourth installment of the Evil Dead franchise and went to the U.S. trademark office to register the mark but Award Pictures came forward and claimed Raimi had abandoned the franchise previously and that they were working on a sequel. Award pictures used a statement by Raimi in the 2000 book, Evil Dead Companion, stating he would never make a sequel. Furthermore they identified over 20 movies that used Evil dead in it’s name and stated Renaissance exhibited “uncontrolled, unregulated and undefended use of Evil Dead.” Renaissance’s argument is that they have used their mark in licensing merchandise for the franchise. Also, that character names would infringe on Renaissance’s copyright of Evil Dead so they are requesting an injunction on further infringement and further monetary damage.

Opinion:
Award Pictures did put up a good defense I must say with the public declaration that Raimi abandoned the franchise along with the other claims they made but Sam Raimi should come out of this on top. Whether they abandoned it or not Award Pictures should have contacted them upon the inception of their idea to make a sequal.

How could I use this case towards my future endeavors for my business?
I’d watch what I say about the project I produce and what I plan to do with them in the future. In other words, never say never about future productions.






References

Case 1






Case 2


Case 3


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