To the contrary, Cinema Secrets contends that it is DPTM that is a copy of the mask worn by the character Michael Myers. This Michael Myers mask and DPTM bear a striking resemblance to each other.ĭon Post Studios alleges that defendant's Michael Myers mask is a copy, not of the mask worn by Michael Myers in the movie, but rather of DPTM. Defendant's Michael Myers mask purports to be a copy of the mask worn by the character Michael Myers in the movie. In 1999, defendant Cinema Secrets obtained a non-exclusive license from the Halloween filmmaker to begin producing a "Michael Myers" mask. Don Post Studios did not obtain a copyright registration to DPTM until 1998. DPTM bears a strong resemblance to the mask worn by the character *313 Michael Myers in the movie. In 1986, Don Post Studios began marketing a mask called "Don Post the Mask" ("DPTM"). At the time that Don Post Studios created and delivered the mask prototype, it did not claim nor did it reserve any rights to the mask worn by the character Michael Myers in the movie. The prototype of the mask worn by the Michael Myers character was created by plaintiff, Don Post Studios, at the request of the Halloween filmmakers. The instant case involves a dispute over the origin and authenticity of competing masks bearing a resemblance to the one worn by the character Michael Myers in the movie. The popularity of the film and its progeny have spawned a demand for masks resembling the one worn by the fictional character in the movie. John Carpenter's 1978 motion picture, Halloween, depicts a deranged serial killer named Michael Myers wearing an all white mask who terrorizes a small midwestern town on Halloween night. Brehm, Akin, Gump, Strauss, Hauer & Feld, LLP, Philadelphia, PA, for Cinema Secrets, Inc. Middleton, Ropers, Majeski, Kohn & Bentley, Los Angeles, CA, Diane E. Price, Ropers, Majeski, Kohn & Bentley, Los Angeles, CA, Brett M. Kelly, Kelly Bauersfeld Lowry & Kelley, Woodland Hills, CA, Ernest E. Panitch, Panitch, Schwarze, Jacobs and Nadel, Philadelphia, PA, John E. Kepchar, Panitch, Schwarze, Jacobs & Nadel, Philadelphia, PA, Ronald L. Mc Conathy, Dilworth Paxson, Philadelphia, PA, for Don Post Studios, Inc., The Paper Magic Group, Inc. Friedman, Dilworth, Paxson, LLP, Philadelphia, PA, Evelyn H. DON POST STUDIOS, INC., et al., Plaintiffs,
0 Comments
Leave a Reply. |