Decisions Roundup: HBO Wins Battle over 'Carnivale' Credit

Posted by Matthew Heller

Case: Keyghobad v. Home Box Office

Court: Calif. 2nd District Ct. of Appeal

Date: May 6, 2008 (unpublished)

Facts: Aspiring movie producer Robert Keyghobad sued HBO for conspiring with others to shut him out as a producer of the show "Carnivale." The trial judge summarily dismissed the case, finding no triable issue regarding any promise to employ him for any fixed period and no evidence that third parties had breached any contract with him.

Holding: "We find summary judgment to be appropriate since HBO established through appellant’s own deposition admissions that he in fact worked as a coproducer on the pilot and there was no guarantee for appellant to be a working producer on further series episodes." Keyghobad also "failed to identify any statement by an employee of HBO that defined his role on the show or addressed the tenure of his employment."

To view the opinion, click here.

Case: Canfield v. Health Communications, Inc.

Court: USDC, C. Calif.

Date: April 1, 2008

Facts: Authors Jack Canfield and Mark Victor Hansen sued publisher HCI for using their "Chicken Soup for the Soul" trademark on the covers of future publications -- "Democrat's Soul" and "Republican's Soul" -- that fall outside the publishing agreement between the parties. HCI asserts defenses of statutory and nominative fair use.

Holding: Judge Steven V. Wilson granted the plaintiffs' motion for a preliminary injunction, finding the Defendants' "selection of titles for these books utilizing the word 'soul'" makes consumer confusion probable and "renders Defendant's prominent display of the Plaintiffs' [mark] impermissibly suggestive of sponsorship" by the Plaintiffs. Until HCI makes changes in the format and title of its new books, its use of the mark "cannot be regarded as nominative fair use."

To view the opinion, click here.