Hollywood Docket: 'River Why' Author Claims Producers Infringed on Film Rights

Posted by Matthew Heller

Case: Duncan v. Cohen, Case No. 08-CV-2243 (USDC, N. Calif.), filed April 30

Claims: Copyright infringement, breach of fiduciary duty, fraud, false advertising, publicity rights

Allegations: In 1984, Sierra Club Books, acting as agent for author David James Duncan, sold a film option on his fly-fishing novel "The River Why" to Thomas Cohen of Hammermark Productions. After the option expired, SCB revived it without consideration "after Cohen offered SCB an opportunity to invest on its own account in the film production." Cohen's wife, Kristi Denton Cohen, now claims she acquired the film rights from him "and she has taken recent steps to begin production. This right, however, was not Cohen's to give."

Filing attorney: Annette Hurst, Heller Ehrman, San Francisco

To view the complaint, click here.

Case: Bill Graham Enterprises v. International Direct Group, d/b/a Fillmore America, Case No. 08-CV-2930 (USDC, C. Calif.), filed May 5

Claims: Trademark infringement, dilution, unfair competition

Allegations: Live Nation, the owner of the world-famous Fillmore Theater in San Francisco, sells clothing bearing the Fillmore name and trademark. "Without the authorization, license or permission" of Live Nation, IDG, a competitor, has sold more than $3.3 million in clothing under the name "Fillmore America," an infringement of Live Nation's rights that is "likely to confuse and deceive consumers."

Filing attorney: Larry McFarland, Keats McFarland & WIlson, Beverly Hills

To view the complaint, click here.