Pryor Cashman Defeats Attempt to Block Release of Linda Lovelace Biopic
Pryor Cashman has successfully blocked an attempt to enjoin the release of the motion picture "Lovelace."
The film tells the story of how the porn actress known as Linda Lovelace came to star in "Deep Throat" in the early 1970s. It includes a behind-the-scenes portrayal of abuse by her husband Chuck Traynor and how Lovelace later became an anti-pornography advocate.
Prior to the film's release, Arrow Productions Ltd., which claims ownership of the copyright in "Deep Throat" as well as trademark rights in both “Linda Lovelace” and “Deep Throat,” filed suit in the U.S. District Court for the Southern District of New York. Arrow sought a temporary restraining order against The Weinstein Company’s distribution of "Lovelace" on the grounds that the film’s reenactment of scenes from "Deep Throat" infringes its copyright in the original film and that Lovelace’s title and references to "Linda Lovelace" and “Deep Throat” infringe its trademark rights.
Pryor Cashman, representing The Weinstein Company, Millennium Films and the other defendants, opposed the attempt to enjoin the release of the film, The Court agreed with Pryor Cashman's arguments and denied Arrow's request for a temporary restraining order.
Pryor Cashman Partner Tom Ferber, a member of the firm’s Litigation, Intellectual Property and Media & Entertainment Groups, represents the defendants in the case and successfully argued the case before Judge Thomas Griesa.
Pryor Cashman's August 8, 2013 victory in the case, Arrow Productions Ltd. v. The Weinstein Co. et al., was reported in the Law360 article “'Deep Throat' Star Biopic Can Be Released, Says Judge.”
In a statement to Law360, Mark Gill, president of "Lovelace" producer Millennium Films, applauded the decision, stating, “The suit was completely unwarranted. We believe this case was an insult to the legal safeguards in place maintaining our right to freedom of speech."
To read the Law360 article please click here.
