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‘X-MEN’ EXCLUSIVE Saban Entertainment has filed a complaint against Polygram Filmed Entertainment and Polygram’s successor-in-interest, Universal Pictures over the “X-Men” TV series. In its Los Angeles Superior Court complaint, Saban claims that the defendants have attempted to exploit the recent success of the “X-Men” movie, with which the defendants allegedly had no involvement, by planning to release as many as 65 episodes of the animated “X-Men” TV series in violation of Saban’s exclusive rights to all but a limited number of episodes per broadcast season. Specifically, Saban claims that the defendants’ rights to sell “X-Men” videos and DVDs expire in October 2001 and that a planned mass release will destroy Saban’s right to distribute videos and DVDs after that date and after the TV run on Fox Children’s Network. Saban states that it has had the distribution rights to the series since 1992. In 1994, Saban claims to have licensed Polygram Video International the right to release videos and/or DVDs of certain episodes, but that while Fox broadcasts the series, Universal, successor to Polygram, is limited to the release of only three episodes on one video per broadcast season. The complaint alleges unfair competition, breach of contract, and breach of implied covenant of good faith and fair dealing. James E. Curry, Holly J. Sadlon and Meredith C. Hightower of Los Angeles’ White O’Connor Curry Gatti & Avanzado (310-712-6100) are serving as counsel to Saban. Saban Entertainment Inc. v. Universal Pictures Visual Programming Ltd., BC237400. THE DEVIL’S IN THE DETAILS RKO Productions Inc. has filed suit in L.A. Superior Court over rights to the classic film “The Devil and Miss Jones.” According to the complaint, RKO is the successor-in-interest of all rights and title that actress Jean Arthur had in the movie. RKO, which is developing a remake, states that in 1999, defendant Gail Stayden Entertainment Inc. delivered a notice executed by Erle and Beth Krasna, the widow and daughter of screenplay writer Norman Krasna, purporting to terminate a 1957 quitclaim agreement between the screenwriter and Arthur. RKO claims that the notice falsely purported to terminate RKO’s rights in the picture, and that this disparaged RKO’s title in the film and remake. The suit alleges that Gail Stayden Entertainment agreed to settle the dispute in March, and that RKO has continued to invest in the film, but that in October, the defendant said it wouldn’t sign the agreement unless additional demands were met. Causes of action include slander of title, fraud and deceit, and declaratory relief. Adam F. Streisand of the Los Angeles office of Loeb & Loeb (310-282-2000) is representing RKO. RKO Productions Inc. v. Gail Stayden Entertainment Inc., BC237992. I KNOW WHAT YOU DOWNLOADED LAST SUMMER Both Zomba Recording Corp. and the music publishing entities of Zomba Enterprises are suing MP3.com in the U.S. District Court for the Southern District of New York. The willful copyright infringement complaints were filed only days after a Manhattan federal court ruled in favor of Universal Music in a similar suit over MP3.com’s copying of sound recordings onto its Web server and making those recordings available for downloading by consumers. Artists who record exclusively for Zomba include Britney Spears, The Backstreet Boys, R. Kelly and ‘N-Sync. Charles B. Ortner, Kevin J. Perra and Andrew L. Lee of the New York office of Proskauer Rose LLP (212-969-3000) are representing the Zomba plaintiffs. Zomba Recording Corp. v. MP3.com Inc., 00-6831; Zomba Enterprises Inc. v. MP3.com Inc., 00-6833. Ortner and Perra are also representing EMI Entertainment World Inc. in a Manhattan federal court suit alleging that Global Music One, Yourmobile.com and the companies’ chairman, Ralph Simon, are violating EMI’s trademark rights and song copyrights by making computer files containing more than 300 EMI compositions available over the Internet. EMI Entertainment World Inc. v. Global Music One LLC, 00-6036. ‘ME’ OR HIM? Creator John Mattson is claiming in a Los Angeles Superior Court suit that Mark Protosevich and New Line Cinema stole Mattson’s idea for a movie titled “Me.” Mattson claims that in 1991, he completed his original idea for a movie about a young female therapist who enters the mind of a comatose man. According to the complaint, in June 1992, Protosevich held himself out as a development executive for Steel Pictures. Mattson states that he then told Protosevich about his movie idea and sent him the script, but that Protosevich subsequently used Mattson’s idea for his own screenplay for the movie “The Cell.” Mattson is charging the defendants with, among other things, breach of implied-in-fact contract, breach of confidence, breach of oral contract, misappropriation of trade secrets and misrepresentation. Dale F. Kinsella, Gregory J. Aldisert and Shanda W. Connolly of Los Angeles’ Kinsella, Boesch, Fujikawa & Towle (310-201-2000) have filed the suit on behalf of Mattson. BC237179. * * * Top Rank Inc. has sued Jerrold Perenchio and Univision Communications over boxer Oscar De La Hoya. The Los Angeles Superior Court complaint claims that De La Hoya and Top Rank entered into an agreement in 1992 for Top Rank to have the exclusive right to promote the fighter. Top Rank now charges that Perenchio and Univision induced De La Hoya to breach his contract and sever his relationship with Top Rank. Thomas V. Girardi of Los Angeles’ Girardi Keese (213-977-0211) and Walter J. Lack of Los Angeles’ Engstrom, Lipscomb & Lack (310-552-3800) are representing Top Rank. Top Rank Inc. v. Perenchio, BC237505.

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