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July 20, 2024, 1:30 pm
1177 (S. 1979) (commercial copying Superman). March 29, 1995. v. AMERICAN HONDA MOTOR CO., INC., et al., Defendants. Issue: Were copyright owners entitled to a preliminary injunction enjoining certain television commercials? Balance Of Relative Harms. In their opening brief, Plaintiffs contend that each of their sixteen films contains distinctive scenes that together comprise the classic James Bond adventure: "a high-thrill chase of the ultra-cool British charmer and his beautiful and alarming sidekick by a grotesque villain in which the hero escapes through wit aided by high-tech gadgetry. " Defendants respond that Plaintiffs are simply trying to gain a monopoly over the "action/spy/police hero" genre which is contrary to the purposes of copyright law. The Court FINDS, for the reasons set forth above, that Plaintiffs have presented sufficient expert testimony[21] on the extrinsic test to create a *1304 triable issue as to whether the ideas expressed in the Honda commercial are substantially similar to those protected ideas that appear in Plaintiffs' films.

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Appellate Courts: Let's Take It Up. The task is to distinguish between "`biting criticism [that merely] suppresses demand [and] copyright infringement [which] usurps it. '" On balance, Plaintiffs should prevail on this issue the Supreme Court in Campbell notes that "[t]he use... of a copyrighted work to advertise a product, even in parody, will be entitled to less indulgence under the first factor of the fair use enquiry, than the sale of the parody for its own sake.... " 114 S. at 1174. Interview the witnesses. And third, any claim that Plaintiffs abandoned or waived their rights in the James Bond character must be accompanied by a showing of an "intentional relinquishment of a known right with knowledge of its existence and the intent to relinquish it. " Later in the opinion, the court cited the Air Pirates decision along with Second Circuit precedent, [9] recognizing that "cases subsequent to [the Sam Spade decision] have allowed copyright protection for characters who are especially distinctive. Now, you will engage in a trial simulation to apply what you have learned about the trial process. See also Harper & Row Publishers, Inc. Nation Enterprises, 471 U. See also infra discussion re: Plaintiffs' copyright ownership in context of summary judgment discussion, at 27-29. b.

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756 (1955) (evidence at bar suggesting that assignment from author to plaintiffs did not include copyrights to author's characters) [the Sam Spade case]). 11 BELLRINGER 2/2 What is the correct order of Florida's courts, from lowest to highest authority? Accordingly, the Court concludes that Plaintiffs will probably succeed on their claim that James Bond is a copyrightable character *1297 under either the "story being told" or the "character delineation" test. For the reasons discussed above, Defendants' evidence is neither very strong nor credible; it is highly unlikely that Defendants will be able to show that they created their commercial separate and apart from the James Bond concept. Even though Plaintiffs did not produce these documents until February 27, 1995, Defendants had notice that Plaintiffs had asserted these claims; in other words, if Defendants needed to review these documents prior to that time, they could have moved to compel production, and yet they did not. Co. Zenith Radio Corp., 475 U.

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Plaintiffs should win on this issue as well; it is likely that James Bond's association with a low-end Honda model will threaten its value in the eyes of future upscale licensees. Plaintiffs established the probability of success on the merits; they had acquired a copyright to the James Bond character from their copyright ownership of the film series and defendants' commercial was substantially similar in terms of theme, plot, mood and characters. Emphasis added); Warner Bros. Inc. American Broadcasting Cos., 720 F. 2d 231, 235 (2d Cir. As the Ninth Circuit explained in Shaw: "Because each of us differs, to some degree, in our capability to reason, imagine, and react emotionally, subjective comparisons of literary works [and films] that are objectively similar in their expression of ideas must be left to the trier of fact. " It is clear from the foregoing discussion that Plaintiffs will likely succeed on this issue *1301 and Defendants will be unable to show fair use or parody. 4) In "Moonraker, " the villainous henchman, Jaws, sporting a broad grin revealing metallic teeth and wearing a pair of oversized goggles, jumps out of an airplane. 977, 108 S. 1271, 99 L. 2d 482 (1988) (requiring greater showing of similarity between factually-based works as opposed to between works of fiction). Defendants first contend that Plaintiffs do not exclusively own a copyright in "James Bond" because this visually-depicted character appeared in at least three other productions: the film and television versions of "Casino Royale" and the film version of "Never Say Never Again. " "What did you learn about the role of a jury in a trial? In Opposition to Preliminary Injunction Motion, ΒΆΒΆ 6-7.

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Accordingly, Plaintiffs should prevail on this issue. Krofft, 562 F. 2d at 1164. Sid & Marty Krofft Television Productions, Inc. McDonald's Corp., 562 F. 2d 1157, 1172 (9th Cir. 0% found this document not useful, Mark this document as not useful. Reviewing the evidence and arguments, the Court believes that James Bond is more like Rocky than Sam Spade in essence, that James Bond is a copyrightable character under either the Sam Spade "story being told test" or the Second Circuit's "character delineation" test. Id., ___ U. at ___, 114 S. at 1171. Based on Plaintiffs' experts' greater familiarity with the James Bond films, as well as a review of Plaintiffs' James Bond montage and defense expert Needham's video montage of the "action/spy" genre films, it is clear that James Bond films are unique in their expression of the spy thriller idea. Decisions must therefore inevitably be ad hoc. Plaintiffs move to enjoin Defendants' commercial pending a final trial on the merits, and Defendants move for summary judgment.

However, Defendants argue that because Plaintiffs have not shown that they own the copyright to the James Bond character in particular, Plaintiffs cannot prevail. See Stolber Depo., at 81:9-84:2.

Metro-Goldwyn-Mayer v. American Honda Motor Co., 900 F. Supp. A second Ninth Circuit opinion issued in 1988 did little to clarify Air Pirates' impact on the Sam Spade test. Federal and State Courts There is a court system for the federal and state levels. This version of the commercial was shown during the Superbowl, allegedly the most widely viewed TV event of the year. 1988), the court cited with approval the Sam Spade "story being told" test and declined to characterize this language as *1296 dicta. The "intrinsic" test asks whether the "total concept and feel" of the two works is also substantially similar. Nonetheless, this situation in the case at bar is different because the mood, setting, and pace of Plaintiffs' and Defendants' works can be visually compared, as opposed to merely compared in the abstract. See also Tin Pan Apple, Inc. Miller Brewing Co., 737 F. 826, 832 (S. 1990) (beer commercial copying music video); D. Comics, Inc. Crazy Eddie, Inc., 205 U. Interpreting the Constitution.

1] During a February 10, 1995 telephone conference with counsel, the Court proposed that the parties proceed to an expedited trial on the merits in lieu of proceeding on Plaintiffs' preliminary injunction motion. This has been viewed to be a less stringent standard than Sam Spade's "story being told" test. Defendants' Objection to Mortimer Decl., at 3 (emphasis and citations omitted). Strategic Arms Limitation Treaty (SALT) I and. Defendants claim that their commercial is a parody on the action film genre, and further, is more than simply a commercial because of its artistic merit. 1 Collection 422 Views 290 DownloadsCCSS: Designed. 1988) ("Because New Line has valid copyrights in the Nightmare [on Elm Street film] series, it is clear that it has acquired copyright protection as well for the character of Freddy. ") KENYON, District Judge. Chemical tests must be performed to identify which chemical contaminant is. In the Honda commercial, once the car's roof flies off flinging the villain into the air, the woman remarks, "Don't you just love the wind through your hair?, " to which the man replies, "What I have left.

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