Pryor Cashman Secures Dismissal Of Copyright and Trademark Infringement Claims Against Linda Lovelace Biopic
Pryor Cashman's motion to dismiss a complaint asserting various intellectual property claims against the motion picture "Lovelace" was granted by U.S. District Judge thomas Griesa of the Southern District of New York on August 25, 2014.
The film "Lovelace" 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 Lovelace's husband, Chuck Traynor, and shows how Lovelace later became an anti-pornography advocate.
Arrow Productions Ltd., which claims ownership of the copyright in "Deep Throat" as well as trademark rights in both "Linda Lovelace" and "Deep Throat," claimed that the film’s reenactment of scenes from "Deep Throat" infringed its copyright in the original film and that Lovelace’s title and references to "Linda Lovelace" and "Deep Throat" infringed its trademark rights.
After defeating Arrow’s attempt to block release of the film in August 2013, Pryor Cashman – representing The Weinstein Company, Millennium Films and the other defendants – moved for judgment on the pleadings. In a 27 page opinion, U.S. District Judge Thomas Griesa agreed with Pryor Cashman's arguments and dismissed the case.
Partner Tom Ferber, a member of Pryor Cashman's Litigation, Intellectual Property and Media Entertainment groups, and Litigation Associate Benjamin Akley represented the defendants.