Shame on You Productions Inc. v. Elizabeth Banks; Max Handelman; Steven Brill; Brillco Inc., Focus World, A Division of Focus Features LLC; Sidney Kimmel Entertainment LLC; Filmdistrict Pictures LLC; Lakeshore Entertainment Corp.; Lakeshore Entertainment Group LLC; Broken Road Productions Inc.; Todd Garner, and Doe 2 and Does 3 through 10, inclusiv
Published: Oct. 10, 2015 | Result Date: Aug. 14, 2015 | Filing Date: Jan. 1, 1900 |Case number: 2:14-cv-03512-MMM-JC Bench Decision – Dismissal
Facts
Shame on You Productions Inc. sued producer and actress Elizabeth Banks, her husband Max Handelman, and six production companies, relating to the movie "Walk of Shame."
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff claimed the movie borrowed heavily from a screenplay written by Shame on You Productions' president Dan Rosen entitled "Darci's Walk of Shame." Plaintiff contended that Banks and the other defendants stole the script "Darci's Walk of Shame" for use in their film "Walk of Shame" after Rosen pitched his script to Banks.
Plaintiff asserted causes of action for copyright infringement and breach of implied-in-fact contract.
DEFENDANTS' CONTENTIONS:
Defendants claimed the works were not substantially similar in copyright protected expression, and were not substantially similar in idea.
Result
The court granted defendants' motion to dismiss, concluding that the two plots did not have protectable similarities.
Other Information
FILING DATE: May 7, 2014.
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