(2008) Tags: Lionsgate
HOLLYWOOD COLLECTIBLES GROUP, LLC v. MASTER CUTLERY, INC.
DIRECTORS OF MOTION PICTURE INDUSTRY PENSION PLAN v. NU IMAGE INC.
HOLLYWOOD COLLECTIBLES GROUP, LLC v. MASTER CUTLERY, INC.
“Rambo” is a federally registered trademark — registration number 1400935 — for use with goods and services, primarily knives. According to the allegations of the Complaint, the owner of the “Rambo” mark granted Hollywood Collectibles, a Florida company, a license to manufacture and sell replicas of knives featured in the first three “Rambo” movies. Hollywood Collectibles then granted a sublicense to Master Cutlery to do the same. Subsequently, a fourth “Rambo” movie was released. Hollywood Collectibles obtained a license to manufacture and sell replica knives from the fourth movie and granted a corresponding sublicense to Master Cutlery.
Both sublicense agreements expired in December 2010. The parties attempted to renegotiate and, it appears, continued to perform under the terms of the old agreements during the negotiations. However, in April 2012 Hollywood Collectibles formally terminated the sublicense agreements.
Hollywood Collectibles contends that, despite the termination of the sublicense agreements, Master Cutlery continues to manufacture and sell replica Rambo knives. Hollywood Collectibles also contends that, prior to the termination, Master Cutlery improperly deducted certain expenses from the royalty payments it was remitting under the sublicensing agreement.
Judgment: ORDERED that Plaintiff’s Motion for Preliminary Judgment is DENIED.
DIRECTORS OF MOTION PICTURE INDUSTRY PENSION PLAN v. NU IMAGE INC.
On May 6, 2013, plaintiffs Directors of the Motion Picture Industry Pension Plan and Directors the Motion Picture Industry Health Plan filed suit against defendant Nu Image, Inc., an independent film production company. The complaint asserts the following claims: (1) failure to comply with audit obligations of the Employee Retirement Income Security Act; (2) failure to make residual contributions to the Plans; (3) failure to make certain payroll contributions to the Plans; and (4) breach of contract in violation of Section 301(a) of the Labor Management Relations Act.
In brief, the Plans allege that pursuant to several collective bargaining agreements, defendant is obligated to remit pension and health contributions to the Plans when defendant makes films utilizing labor from certain unions. According to the Plans, defendant has failed to make certain payments on the following twenty-one films: 16 Blocks; Bad Lieutenant: Port of Call New Orleans; Beyond a Reasonable Doubt; Blonde Ambition; The Cleaner; The Code; Day of the Dead; The Expendables; Til Death; Homeland Security; King of California; Leatherface 3D (Texas Chainsaw Massacre); Labor Pains; Mad Money; Major Movie Star; Microwave Park; Olympus Has Fallen; Rambo IV; Righteous Kill; Solitary Man; and Wicker Man.