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CONFIDENTIAL

Dec. 3, 1994

Breach of Contract
Unfair Business Practices
Misappropriation

Confidential

Settlement –  $150,000

Judge

Ronald M. Sohigian

Court

L.A. Superior Central


Attorneys

Plaintiff

Joseph F. Hart
(Law Offices of Joseph F. Hart)


Defendant

Steven L. Smilay


Facts

Plaintiff, now a high-profile performer in adventure/action films, had a secondary role in a film, early in his career. Defendant video distributor re-released the title in 1992, using a current photograph of the Plaintiff, without his permission, and billed Plaintiff as the "star" of the film.

Settlement Discussions

Plaintiff contends he demanded $300,000 and Defendants offered $50,000.

Damages

Profits attributable to the unauthorized use of Plaintiff's name and likeness -- $300,000 (Plaintiff's estimate); $50,000 (Defendant's estimate).

Result

In addition to the $150,000; the settlement included an agreement by the Defendant company to change the advertising and packaging of the video in question by eliminating Plaintiff's picture, eliminating any reference to him as the "star" of the film, and reducing the size of the typeface of his name to a size more consistent with the size of his role in the film.


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