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March 2004
N E W S L E T T E R
the law firm of K A Y E & M I L L S
8840 Wilshire Boulevard, Second Floor Phone: 310 358 3121
Beverly Hills, CA 90211-2606 Facsimile: 310 358 3175
Spring 2004 Visit our website: www.kayemills.com
WELCOME NEW CLIENTS:
Debbie Bull-optioned her book “Blue Jelly” to Joan Tewkesbury (Nashville, and TV's The Guardian and Felicity) for development as a feature motion picture. A script is currently being written.
Frank Chindamo. Writer/producer for ABC/Disney and their new “Micro-Mini Series” which will air in prime-time later this year. His films have appeared on HBO, Showtime, CBS, A&E, Playboy, MTV and Comedy Central. A one-hour retrospective of his films aired on PBS in 1998. He is currently teaching screenwriting at USC and film producing at the Art Institute of California.
WHAT WE'VE BEEN UP TO LATELY:
Kevin Mills was retained as an expert witness in a lawsuit involving claims for invasion of privacy and misappropriation of name and likeness under both the common law and Civil Code sections 3344, et seq. The case is between a famous motorcycle X-rider, Clifford Adoptante and his former clothing sponsor, Russell Enterprises, and involves alleged use of the athlete's name and likeness in advertisements and promotional material which aired after the termination of their sponsorship agreement.
The Music Business Institute, as part of its Cutting Edge Entertainment Law Series, invited Kevin Mills to participate in its seminar held in New Orleans, LA entitled: “Indie Films: Development Through Distribution.” Mr. Mills appeared on the panel “The Right Stuff: Options and Acquisitions of Literary Works and Life Story Rights” along with Grace Barry, Professor LSU Law School, and Christine Wiltz, author of “The Last Madam in New Orleans.” Also participating in the seminar was Howard Frumes, Esq., Michele LeBlanc, Esq and Larry Tanz, CEO, LivePlanet (Project Greenlight).
NOTE WORTHY:
How funny is that? A Los Angeles court has just awarded an unsuspecting victim $302,100 for injuries and emotional distress suffered during a prank pulled by Candid Camera at an airport security checkpoint. Reality programming sure can seem real sometimes.
The secret is out. Victoria's Secret sued Victor's Little Secret (a purveyor of prurient paraphernalia) for dilution of the distinctive quality of its famous trademark. The U.S. Supreme Court ruled that since there was evidence only of a mental association between the names-and not of a lessening of consumer's ability to distinguish between them-summary judgment was not available to Victoria's Secret. However, Victoria's Secret may still present evidence of actual dilution at trial.
CONGRATULATIONS TO OUR CLIENTS:
Christopher Tuffin and Tuffin Entertainment has completed principal photography on two of their motion picture projects: “2001 Maniacs” in Georgia and “Moscow Chill” in Russia. Confidentiality considerations prevent our giving additional information here but it is safe to say that you will be hearing much more about these films in the near future.
In an impressive deal, P.J. Haarsma has set the first four volumes of his Jonnie Turnbull science fiction book series with Candlewick Press. Hollywood has already taken note and a major movie deal can expected soon. P.J. is represented by the Lynn Pleshette Literary Agency.
This newsletter is provided on the condition that it cannot be referred to or quoted in any legal proceeding; if this condition is unacceptable to you, immediately destroy this communication and do not keep a copy of it in any form. The recipient is strongly urged to consult a lawyer for legal advice on these matters. Any reliance on the newsletter by someone who has not entered into a written retainer agreement with Kaye & Mills is at the recipient's own risk.
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