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Blakeman v. The Walt Disney Co.

613 F. Supp. 2d 288 (2009)

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Blakeman v. The Walt Disney Co.

United States District Court for the Eastern District of New York
613 F. Supp. 2d 288 (2009)

  • Written by Meagan Messina, JD

Facts

In October 2006, a political commentator, Bradley A. Blakeman (plaintiff), met with actor Kelsey Grammer and Steven Stark, the president of Grammer’s production company, Grammnet Productions (defendants), to discuss development of Blakeman’s copyrighted work, Go November, into a feature film. Go November was described as the “Animal House of politics” and a story about a presidential race centering around campaign staffers’ dirty tricks and a romance between two characters. A sentimental comedy film called Swing Vote was later released starring Grammer. Swing Vote focused on the relationships between a father, his daughter, and a local reporter, with a presidential election as the backdrop. Both Go November and Swing Vote ended with a character casting a vote and the credits rolling without the winner being revealed. Blakeman brought suit against Grammer, Stark, and Grammnet, among others, alleging that they infringed upon Blakeman’s copyrighted work when Grammnet created, produced, and distributed Swing Vote. Blakeman asserted federal and state claims of copyright infringement, unfair competition, fraud, and misrepresentation. Grammer, Stark, and Grammnet moved to dismiss. The district court converted the motion to dismiss into a motion for summary judgment under Federal Rule of Civil Procedure 56(c).

Rule of Law

Issue

Holding and Reasoning (Bianco, J.)

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