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Blues

Blues

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Published by April Petersen
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Published by: April Petersen on Oct 23, 2013
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04/21/2014

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 judgment
 __________________________________________________________________________ 
THE HAGUE DISTRICT COURT
Commercial Section - provisional relief courtcase number / cause list no. C/09/450858 / KG ZA 13-1064
Judgment in provisional relief proceedings of 9 October 2013
in the case between1.
BLACK RHINO ENTERPRISES LTD,
a company formed under foreign law,having its registered office in Las Vegas, Nevada, United States of America,2.
DANIEL EDWARD AYKROYD
,residing in Chilmark, Massachusetts, United States of America,3.
JUDITH BELUSHI PISANO
,residing in Vineyard Haven, Massachusetts, United States of America,claimants,counsel J.P. van den Brink and S.C. van Loon, attorneys-in law practising in Amsterdam;and1.
STARS IN CONCERT VERANSTALTUNG GMBH,
a company formed under foreign law,with its registered office in Berlin, Germany,2.
STARS IN CONCERT UK LIMITED,
a company formed under foreign law,with its registered office in London, United Kingdom,3.
BERNARD KURZ,
residing in Berlin, Germany,4.
TEC ENTERTAINMENT B.V,
a private company with limited liability,with its registered office in Amsterdam,5.
GEOFFREY DAHL,
residing in West Lorne, Ontario, Canada,6.
CHRIS DAHL,
having no known domicile or residence,defendants,
 
 
C/09/450858 / KG ZA 13-1064 29 October 2013counsel: D.E. Stols, attorney-at-law practising in Amsterdam.The parties will hereinafter be referred to as Black Rhino, Aykroyd, Belushi-Pisano(claimants) and SIC Germany, SIC UK, Kurz, TEC, G. Dahl and C. Dahl (defendants).
1. The proceedings
1.1. The course of the proceedings is evidenced by:
The summons of 18 September 2013, with 27 exhibits.
The deed containing submission of exhibits of the defendants, sent on 23 September 2013, comprising 14 exhibits.
The additional exhibits 28 to 34 (incl.) sent by the claimants on 25 September 2013.
The additional exhibit 15 sent by the defendants on 27 September 2013.
The increase of claim sent by the claimants by fax on 27 September 2013.
The additional exhibits 35 and 36 sent by the claimants on 30 September 2013.
The breakdown of costs received from both sides.
The hearing held on 1 October 2013, at which counsel for both sides submitted their pleadings.1.2. At the hearing, the defendants filed an objection against the increase of the claimwhich
as the court understands it
was allegedly submitted too late according to thedefendants. Since they have not explained that they were harmed in their defence by theincrease of the claim which, in summary means that part of the claims is not only institutedagainst SIC Germany, SIC UK and Kurz, but also against TEC, and as they have not alsomade plausible otherwise that this were the case, the provisional relief court finds that theobjection is ineffective. Therefore, the increase of the claim is allowed.1.3. Judgment has been scheduled for today.
2. The facts
2.1. Aykroyd is an actor and comedian who, together with the late Mr. Belushi (hereinafter referred to as: Belushi), during his life the husband of Belushi-Pisano, played the charactersof Elwood and Jake Blues since the mid-seventies, jointly referred to as: "The BluesBrothers". The Blues Brothers are singers of blues and soul music whose outwardappearance is characterized by a number of fixed elements, such as a black suit, a whiteshirt, black tie, black sunglasses, big sideburns and a black hat. Some photos of Aykroydand Belushi as The Blues Brothers are presented below.
 
 
C/09/450858 / KG ZA 13-1064 39 October 20132.2. In 1976, Aykroyd and Belushi performed for the first time on American television asThe Blues Brothers, as musical guests on the television program "Saturday Night Live". Theysubsequently did a few guest appearances on the program between 1976 and 1978. In thelate 70s Aykroyd and Belushi released four albums as The Blues Brothers and theyperformed in the United States with an accompanying band as The Blues Brothers. Their performance of the song "I'm a Soul Man" by Sam and Dave was a hit in 1978.2.3 In 1980 the movie "The Blues Brothers" was released by Universal Pictures. Thescript was written by Aykroyd and edited by Dan Aykroyd and John Landis in the lateseventies. The copyright of the film script was registered by Black Rhino with the UnitedStates Copyright Office in 1979. Aykroyd is director-major shareholder of Black Rhino.

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