Peter Gallagher v. Lions Gate Entertainment Inc., Lions Gate Films Inc., Mutant Enemy Inc., Joseph "Joss" Whedon, Andrew Goddard, and Does 1 through 50, inclusive
Published: Oct. 31, 2015 | Result Date: Sep. 11, 2015 | Filing Date: Jan. 1, 1900 |Case number: 2:15-cv-02739-ODW-E Bench Decision – Dismissal
Court
USDC Central
Attorneys
Plaintiff
Matthew J. Matern
(Matern Law Group PC)
Tagore O. Subramaniam
(Matern Law Group PC)
Defendant
Robert H. Rotstein
(Mitchell, Silberberg & Knupp LLP)
Facts
Peter Gallagher filed an infringement lawsuit against Lions Gate Entertainment Inc., Lions Gate Films Inc., Mutant Enemy Inc., Joseph "Joss" Whedon, and Andrew Goddard, concerning defendant's film, "The Cabin in the Woods."
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff accused defendants of infringing on his copyright to his book "The Little White Trip: A Night in the Pines." Plaintiff alleged that defendants' film was copied from his book.
DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss the lawsuit for failing to plead sufficient facts to support his claim.
Result
The court, finding that the works were not substantially similar, ultimately dismissed Gallagher's suit.
Other Information
A notice of appeal has been filed. FILING DATE: April 13, 2015.
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