Francesca Gregorini v. Apple Inc.; M. Night Shyamalan; Blinding Edge Pictures Inc.; Uncle George Productions; Escape Artists LLC; Dolphin Black Productions; Tony Basgallop; Ashwin Rajan; Jason Blumenthal; Todd Black; Steve Tisch; and Does 1-10, inclusive
Published: Jul. 17, 2020 | Result Date: May 28, 2020 | Filing Date: Jan. 15, 2020 |Case number: 2:20-cv-00406-JFW-JC Bench Decision – Dismissal
Judge
Court
CD CA
Attorneys
Plaintiff
David A. Erikson
(Erikson Law Group)
Antoinette S. Waller
(Erikson Law Group)
Stephen R. Patterson
(Erikson Law Group)
Defendant
Nicolas A. Jampol
(Davis, Wright & Tremaine LLP)
Diana Palacios
(Davis, Wright & Tremaine LLP)
Cydney S. Freeman
(Davis, Wright & Tremaine LLP)
Camila Pedraza
(Davis, Wright & Tremaine LLP)
Facts
Francesca Gregorini sued various production companies, including Apple, Inc., following the release of episodes 1 through 3 of the show "Servant."
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendants used plaintiff's premise and expression from the film "Emanuel" in defendant's series, "Servant." Plaintiff further contended that defendants used plaintiff's premise and expression in pilot episodes of defendants' series. Plaintiff also contended that defendants' plot in "Servant" was remarkably similar to plaintiff's plot in violation of plaintiff's copyright. Plaintiff also further contended that defendants infringed on the sequence of events, theme, characters, setting and mood in "Emmanuel" in "Servant."
DEFENDANTS' CONTENTIONS: Defendants denied the contentions and contended that defendants' work diverges from plaintiff's works. Defendants also contended that "Servant" was artistically distinct from "Emmanuel." Defendants further contended that the mood and theme of "Servant" were, at most, scattered with "random similarities" to "Emmanuel" that did not constitute copyright infringement.
Result
Defendants' motion to dismiss was granted with prejudice.
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