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Ghost Man

Ghost Man

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Published by Eriq Gardner
complaint
complaint

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Published by: Eriq Gardner on May 01, 2013
Copyright:Attribution Non-commercial

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05/01/2013

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UNITED STATES DISTRICT COURTFOR
THE
DISTRICT
OF
MASSACHUSETTS
MICHAEL
P. KENNEY
d/b/a
MIKE O'DEAAND SHAMROCK FILMS,
Plaintiff,
v.WARNER
BROTHERS ENTERTAINMENT,INC., LANGLEY PARK PICTURES,
Defendant.
DOCKET NO.
COMPLAINTANDJURY DEMANDNOW COMES
the
Plaintiff,
by and through his undersigned counsel, and
sets
forth
the
following
allegations against the named Defendants as his Complaint in this matter:
I. Parties
1.
Plaintiff
MichaelP.Kenney d/b/a Mike
O'Dea
andShamrock Films ("Mr.
O'Dea")
is an
individual
with a place of residence in Stoneham, Massachusetts.
2.
Defendant Warner
Brothers
Entertainment, Inc.
("Warner
Brothers")
is a corporation
with a principal
clace
of business at 4000 Warner Boulevard, Burbank, California.
3.
Defendant Langley Park Pictures
("Langley")
is an entity with a principal place ofbusiness at 4000 Warner Boulevard, Building 144, Burbank, California.
II. Jurisdiction and Venue
4. This Court has jurisdiction over the claims in this matter pursuant to 28
U.S.C.
§ 1331
and
1338 (a), as it is an action arising under Acts of Congress relating to copyrights and
1
Case 1:13-cv-11068 Document 1 Filed 04/30/13 Page 1 of 16
 
trademarks, includingtheCopyrightAct of
1976,
17
U.S.C.
§
101
etseq.and 501 etseq.
as
well
as the Lanham
Act,
15
U.S.C.
§
1051
et
seq.
This
Court
has
pendent jurisdictionover
the
claims arising under state
law
pursuant
to 28
U.S.C.
§
1338(b).
5.
This Court
has
personal jurisdiction over
the
parties because
the
claims
set
forth
herein
arise
out of the
actions
of
Defendants that were undertaken
in
this judicial
district
and/orareaimedatconsumersinthis judicial district and/orbytheir actionstheDefendantshave availed themselves to the jurisdiction of the Courts in this judicial district.6. Venue in this judicial district is appropriate under 28 U.S.C. § 1391 because
Plaintiff
is aresident
of
this judicial district
and a
substantial part
of the
events giving rise
to the
causes
of
action
set
forth
below occurred
in
this judicial district.
III.
Facts Common to All Counts
7. Mr.
O'Dea
is a well-known screenwriter, director and actor in the independent
film-
making industry.
8.
Among other things,
Mr.
O'Dea
has
been developing
a
comic book, screenplay
and
franchise
movie titled
"Ghostman"
since 2010.
9.
Essentially,
Ghostman
is a
heist thriller about
a
masked thief
who
seeks
to
avoid
the
F.B.I. This
"ghostman,"
as he is
known
in the
screenplay,
is
pulled back into "one
final
score"
by his
colleagues
in
crime.
10.
To protect his original work, and to place other film-makers on notice of the work, Mr.O'Dea registered
Ghostman
with
the
Writers Guild
of
America
("WGA")
on
June
27,2011.
See
Exhibit
I.
Case 1:13-cv-11068 Document 1 Filed 04/30/13 Page 2 of 16
 
11.
To
promote
the
work,
Mr.
O'Dea,
among other
things, obtained the web
domain"TheGhostmanMovie.com" and promoted the movie through various press interviews
and
media outlets.
See
Exhibits
2 and 3,
respectively.12. As a result, at all relevant times, Defendants knew or should have known of Mr.
O'Dea's
original work and his development of a film under that title.13. The work and title
"Ghostman"
have been continuously used by Mr.
O'Dea
in interstatecommerce to promote his upcoming film since 2010.
14.
Mr.
O'Dea
is currently in post-production of
Ghostman
and will begin film
festival
submissions in May 2013.
15.
Mr.
O'Dea
recently discovered that Warner Brothers Entertainment, Inc.
("Warner")
and/or Langley Park Pictures
("Langley")
purchased
the
rights
to a
book
and
screenplay
in
order to make another heist thriller film titled "The
Ghostman"
in which theprotagonist, like
the
protagonist
in Mr.
O'Dea's
work,
is a
thief
so
nicknamed because
he
avoids
the
F.B.I like
a
"ghost."
16.
The
production
of
Defendants'
film
"The
Ghostman"
will
infringe
upon
Mr.
O'Dea's
original work to which he has copyrights. Among other things, Mr. Hobbs's workutilizes
the
identical theme (heist thriller involving
a
"ghostman")
and
title
("Ghostman")
as
Mr.
O'Dea's
original, protected work.
17.
The use of the identical theme, central character and title in a competing film by industrygiants such as Warner and Langley will have a devastating
effect
on Mr.
O'Dea's
reputation as well as the distribution and
franchise
potential of his film, related products
and
copyrights.
Case 1:13-cv-11068 Document 1 Filed 04/30/13 Page 3 of 16

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