October 19, 1996
CMG and American Legends Lawsuit Chronology

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CMG V. AMERICAN LEGENDS LAWSUIT AND WEEKLY COMMENTARY

The Curtis Management Group has filed a lawsuit against American Legends claiming that the Web site has engaged in "Unauthorized Use of James Dean." American Legends is providing a weekly summary of this seminal suit and a commentary by Wendy L. Coffelt. Ms. Coffelt is a California attorney who has sponsored seminars in trial strategy for the Los Angeles Trial Lawyers (now LA Consumer Lawyers).

  1. June 3, 1996 CMG writes James Pitts and alleges that it represents the James Dean Foundation--a trust which allegedly owns the "right of publicity" in James Dean. Among other claims, CMG alleges that it owns the copyright to the famous "torn sweater" series of photos of the great actor; the organization also claims that it objects to "the tenor of the alleged personal information regarding James Dean's past relationships."
  2. On July 5 American Legends responds through its attorney, Ron Martinetti (author of The James Dean Story, a book that has been published in six countries). Martinetti demands that the Foundation immediately produce a chain of title showing unbroken copyright ownership of the famous "torn sweater" photos on the grounds that the photos are in the public domain. The lawyer also informs CMG that if it "wants a court to adjudicate" whether Dean's relationship with another man "was meretricious, then be my guest."
  3. Curtis Management fails to provide the requested copyright information or provide proof that American Legends is appropriating James Dean's exact signature (rather than a common font style).
  4. Curtis Management files a lawsuit in Indiana, charging American Legends with copyright infringement, defamation, unfair competition, and conversion. Also named as defendants are James Pitts, the Web site designer, Martin Pitts, an American Legends editor, and Ron Martinetti, the company's attorney. Curtis Management hires a New York City public relations company to publicize its lawsuit.
  5. Variety (July 23) reports that "A duel between two James Dean Web sites in cyberspace has spilled into the courts for what could be a landmark case involving copyright law on the Internet."
  6. On July 22 CMG mistakenly serves its suit on Phil Kazanjian, a well-known Glendale attorney who has no connection with American Legends.
  7. On July 26 Martin Pitts writes Dean Barnhard, Esq., CMG's lead counsel and asks CMG to provide copies of any public documents which might support suing Pitts for copyright infringement based upon his association with AL. Pitts states that if he is not dismissed from that count, "...I can only conclude that you and the Foundation and CMG indeed harbor deep malice toward me." Pitts does not receive any reply to his letter.
  8. American Legends announces that its legal team has retained Professor Vagn Hansen of High Point University in North Carolina, as a potential trial expert. Hansen states: "The historic value of a person's image cannot be diminished by the truth." Professor Hansen is the Chairperson of the History Department at High Point and holds a B.A. from Tulane and a Ph.D. from the University of Virginia. In welcoming Hansen aboard, James Pitts notes: "The Internet is the ultimate medium to bring the truth forward. In suing our new Web site, those who make millions from Hollywood legends may have gotten more than they bargained for."
  9. On August 5 Martin Pitts files a Motion to Dismiss for Insufficiency of Service of Process (pursuant to Indiana Rule of Trial Procedure 12 (B) (5)).
  10. Harry Rebhuhn, a well-known Los Angeles attorney, joins the American Legends legal team. Harry is to focus on copyright and related issues. Harry is a former member of the USC Law Review.
  11. On August 8 The High Point (NC) Enterprise notes: "Thousands of Web sites around the world feature information and pictures about actors...and practically anyone else in the public eye. This suit could affect how or even if those Web sites are allowed to continue." Professor Vagn Hansen is quoted as saying, "It would be interesting to know about (CMG's) dealings with the Postal Service over the stamp, whether (the Postal Service) is paying CMG every time they say Dean's name or show his face."
  12. On August 16 Ron Martinetti files a Freedom of Information Act Request with the US Postal Service requesting documents relating to Curtis's dealings with the government agency.
  13. On August 18 the Indiana Business Journal runs an article noting that the Curtis lawsuit involves the sale of a biography and "the free dissemination of information on the Internet." Curtis's president, Mee Won Maddox, assures the paper: "We are not trying to suppress free speech and accessibility to information..We respect the First Amendment."
  14. James Pitts files a motion to dismiss for lack of personal jurisdiction. Pitts notes that Curtis has sued him for defaming the company in an article that appeared in the (July 11) Marion Chronicle-Tribune. Pitts attaches a copy of the article and points out that Curtis Management is not even mentioned in the story.
  15. Curtis files a motion to remove the trial judge (pursuant to Indiana Rules of Trial Procedure 75 and 76). The motion does not specify the grounds for removal.
  16. Curtis attempts to properly re-serve Martin Pitts. On Sept. 16 Pitts files a motion to dismiss on jurisdictional grounds. Pitts notes that AL's Web site carries a disclaimer that its Dean items are not for sale to Indiana residents and points out that CMG failed to disclose this fact to the Court.
  17. The Indiana Lawyer runs a long article on the case by Mike Magan. (Sept. 18) Magan quotes AL as saying: "The Web is much like the Old West used to be--an exciting, still unexplored frontier...But now the powerful net sites are trying to squeeze out the smaller net sites, just like the huge ranchers squeezed out the small ranchers out West around the turn of the century." Curtis lawyer Ted Minch explains CMG's position claiming: "If people are out there using [Dean's] name and image in a commercial manner without our authorization, that's going to lead others to wonder why they have to pay."
  18. On Sept. 17 Clovia James of the US Copyright Office informs Ron Martinetti that Roy Schatt's "torn sweater" photographs were not copyrighted until 1982, long after they were distributed to the public and that there is no record of a copyright assignment to Curtis.

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