(2006)
KOCH ENTERTAINMENT LP v. TROMA ENTERTAINMENT Inc.
TROMA ENTERTAINMENT v. Centennial Pictures Inc.
KOCH ENTERTAINMENT LP v. TROMA ENTERTAINMENT Inc.
Koch Entertainment is the exclusive distributor of Troma’s mass-marketable Video Products, including DVDs, sold through all wholesale and retail channels throughout the United States. Troma has allegedly breached this exclusivity provision and the covenant of good faith and fair dealing by directly selling ‘Poultrygeist: Night of the Chicken Dead’ in DVD format to wholesalers and retailers in combination with a soundtrack CD.
Judgment: ORDERED that Koch’s motion for partial summary judgment dismissing Troma’s counterclaims for unjust enrichment and declaratory judgment is granted on consent and said counterclaims are dismissed with prejudice; and it is further ORDERED that Koch’s motion for partial summary judgment dismissing Troma’s breach of contract counterclaim to the extent that it seeks lost profits is denied; and it is further ORDERED hat Troma’s motion for partial summary judgement on liability on its breach of contract counterclaim against Koch is granted; and it is further ORDERED that the motion by third-party defendants, Earl Street and Entertainment One, 1or summary Judgment dismissing Troma’s third-party claim for breach of contract against Earl Street and Entertainment One is granted solely to the extent that the portion of Troma’s breach of claim seeking to hold Earl Street liable on the theory that it assumed Koch’s assets is dismissed, and in all other respects the motion is denied; and it is further ORDERED that in searching the record, the court dismisses the unjust enrichment and declaratory judgment claims against Earl Street and Entertainment One in Troma’s third-party complaint, and it further ORDERED that the parties are directed to appear for a pre-trial conference on October 21, 2010, at 11 a.m., in Part 54, Room 228 of the courthouse located at 60 Centre Street, New York, NY 10007.
TROMA ENTERTAINMENT v. Centennial Pictures Inc.
In October 2009, Troma authorized one Lance Robbins to represent it in negotiations concerning the licensing of distribution rights to “Citizen Toxie: The Toxic Avenger IV” and “Poultrygeist: Night of the Chicken Dead” to a German distributor. Such authorization was supposed to lapse after thirty days if no agreement was reached. Thirty days passed with Robbins apparently unable to negotiate a deal with a German distributor. At least that was what Troma’s officers thought.
As it turned out, Robbins, in cahoots with codefendant King Brett Lauter, had, a week prior to receiving authorization, entered into a distribution license in Germany with an outfit called Intravest Beteiligungs GMBH. Troma alleges that Robbins and Lauter falsely assured Intravest that they owned the rights to the films; purchased, as any retail customer might, German-language DVD copies of the films from Amazon.com’s German website; delivered those DVDs to Intravest; and pocketed the proceeds of the agreement, without ever notifying Troma that the agreement even existed. None of these actions is alleged to have taken place in New York.
Troma learned in August 2010 that Intravest, “via pay-per-channel distribution on Silverline AG’s Movie Channels,” had been broadcasting Citizen Toxie and Poultrygeist in Germany. Troma filed suit on March 7, 2011, against Robbins, Lauter, and two entities that are no longer parties to this litigation, in the United States District Court for the Eastern District of New York. Its complaint alleges copyright infringement under federal law, and state law claims of common law fraud and tortious interference with prospective economic advantage.