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Intellectual Property
Copyright Infringement
Breach of Contract/Breach of Confidence

Stuart Benjamin, et. al. v. The Walt Disney Company, et. al.

Published: Sep. 1, 2007 | Result Date: Jun. 6, 2007 | Filing Date: Jan. 1, 1900 |

Case number: 05CV2280 Summary Judgment –  Dismissal

Court

USDC Central


Attorneys

Plaintiff

Pierce H. O'Donnell
(Greenberg, Glusker, Fields, Claman & Machtinger LLP)


Defendant

Martin D. Katz
(Sheppard, Mullin, Richter & Hampton LLP)


Facts

Plaintiff Stuart Benjamin is an Oscar-nominated producer/screenwriter. In September of 1997, Benjamin sent his screenplay "Rescue Me" to Walt Disney Pictures and Touchstone Pictures. After various communications with Walt Disney Pictures, the studio eventually passed on the screenplay.

Benjamin claimed that Touchstone Pictures' 2002 film "Sweet Home Alabama" was based on the screenplay he had sent to Walt Disney Pictures and Touchstone in 1997. In 2005, he brought suit in Los Angeles federal court against various Disney entities, alleging copyright infringement, breach of implied contract and breach of confidence.

Result

U.S. District Court Judge George Schiavelli granted Disney's motion for summary judgment. Hon. Shiavelli held that "plaintiff failed to establish that there were any substantial similarities between the two works." Schiavelli also held Benjamin's breach of contract and breach of confidence claims were time-barred.

Other Information

Plaintiff is expected to appeal to the 9th U.S. Circuit Court of Appeal.


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