Goodness Films LLC, Herbert Hudson, Paul Goldsby, Kennedy Goldsby v. TV One LLC, Miguel A. Nunez Jr., Edwin B. Weinberger
Published: Dec. 13, 2014 | Result Date: Nov. 12, 2014 | Filing Date: Jan. 1, 1900 |Case number: 2:12-cv-08688-GW-JEM Verdict – Defense
Court
USDC Central
Attorneys
Plaintiff
Carlos A. De La Paz
(Rostam Law Inc.)
Defendant
Neville L. Johnson
(Johnson & Johnson LLP)
Facts
Goodness Films LLC, Herbert Hudson, Paul Goldsby, and Kennedy Goldsby sued TV One LLC, Miguel Nunez, and Edwin Weinberger, concerning a television show called "Belle's".
In 2013, TV One LLC aired six episodes of "Belle's," which was written and directed by Weinberger, and executive produced by Weinberger and Nunez. "Belle's" was about a fictional soul food restaurant set in Atlanta that was run by a patriarch and his daughters.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs alleged that Weinberger and Nunez were pitched a TV show idea about the actual Roscoe's House of Chicken and Waffles restaurant located in Los Angeles and owned by Hudson. Plaintiffs contended that Weinberger, Nunez and TV One LLC infringed their copyright in a script they developed. They also claimed that Weinberger and Nunez entered into an implied contract to compensate them if they used any of the ideas for the show, Nunez breached a fiduciary duty by not attempting to get the "Roscoe's" show to a network and Nunez and Weinberger interfered with plaintiffs' business relationship with an actor named Keith David, who starred in "Belle's."
DEFENDANTS' CONTENTIONS:
Weinberger contended that while he met with the plaintiffs once in 2010 to see if plaintiffs would be interested in hiring Weinberger to polish plaintiffs' script, he did not use any of plaintiffs' ideas for "Belle's" and that he independently created "Belle's." Defendants also contended that Nunez never agreed to act as plaintiffs' agent in trying to sell the "Roscoe's" show to a network and that plaintiffs did not have an existing business relationship with Keith David to act in the "Roscoe's" show.
Result
Plaintiffs sought a preliminary injunction in an effort to prevent "Belle's" from airing, which was denied. Defendants defeated the copyright infringement claim at summary judgment, with the court finding that the two works were not substantially similar. The case proceeded to trial on the state law claims. The jury rendered a defense verdict.
Other Information
FILING DATE: Oct. 10, 2012.
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