(2016) Tags: MGM
The Sporting Times, LLC v. Orion Pictures, Inc.
Prior to its release date, in June and July 2016, movie trailers were released advertising the film Spaceman. The trailers were viewed millions of times on websites including, but not limited to: YouTube; IMDb.com; ET Online; MediaHotZone; TheMovie Box; Steemit.com; Facebook; Amazon Video; Rotten Tomatoes; iTunes; Vudu; Google Play; XFINITY; and Time Warner Cable. Indeed, on YouTube alone, the trailer was viewed approximately 2 million times.
Eight seconds into the offending movie trailer, The Sporting Times® is allegedly featured front and center with a cover of Bill Lee with the header: “Boston’s Bill ‘Spaceman’ Lee in an orbit all his own.” Many other publications are also featured—but The Sporting Times® is first in placement and the only readily identifiable publication. The movie itself, likewise, features the identical offensive and infringing materials and has been sold in DVD format in this manner. Plaintiffs seek punitive or exemplary damages in an amount in excess of $1,000,000.