Hollywood Docket: Nov. 7, 2007
EmptyBeeceuticals Llc v. DreamWorks Animation, Case No. 07-cv-61563 (USDC, S. Fla.), filed Nov. 1.
Claims: Lanham Act trademark infringement; state trademark dilution; Florida Deceptive and Unfair Trade Practices Act; unfair competition; Lanham Act trademark dilution.
Allegations: Beeceuticals, a Fort Lauderdale (Fla.) organic skin care company, has used the "Give Bees a Chance" slogan continuously since September 2006 and filed a trademark application for the slogan in October 2006. DreamWorks and its parent, Viacom, have infringed on the mark in the advertising for "Bee Movie." "The actions of defendants have (affected) and will adversely affect (plaintiff's) future plans to make ...cartoons, TV shows, and films regarding bees," the suits says. Talks aimed at resolving the dispute broke down Oct. 31 and "although defendants stated that the television ad containing plaintiff's mark 'Give Bees a Chance' was retired, there were no assurances that they would continue not to use the mark in the future."
Filing attorney: Elliot Zimmerman, Plantation, Fla.
Clarendon National Insurance v. Colder Than Jersey Productions, Case No. 07-cv-07012 (USDC, C. Calif.), filed Oct. 25.
Claims: Declaratory relief.
Allegations: Clarendon National provided insurance coverage for the production of "Cinderella Man," starring Russell Crowe and Renee Zellweger. After principal photography was extended to accommodate a shoulder injury suffered by Crowe, the production company, Colder Than Jersey Prods., received $5.6 million under the policy to pay for increased costs. Clarendon now seeks a court order declaring it is not required to indemnify CTJP for $3 million in additional compensation paid to Zellweger. "The payment to Zellweger was not caused directly and solely because of Crowe's injury, the covered occurrence, and, therefore, no coverage is provided," the suit says. The Zellweger claim was also not reported to Clarendon until nearly a year after CJTP knew of it, causing prejudice to the insurer.
Filing attorney: Leon Gladstone, Berger Kahn, Marina del Rey, Calif.