Justice Carolyn E. Demarest
Westpaw Films moved for a preliminary injunction restraining defendants from taking any actions in furtherance of creating, producing or soliciting funds for a documentary film about the fantasy-role-playing game “Dungeons & Dragons” (D&D). Westpaw, Sprattley and Pascal orally formed a partnership to produce a film about D&D, but Sprattley and Pascal formed Iconoscope Films, and Wespaw and Iconoscope shared equally in the development of the documentary. As the relationship unraveled, defendants began to develop their own documentary seeking participation of many of the same people Westpaw previously interviewed. Defendants argued there was no evidence of immediate and irreparable harm to justify injunctive relief. The complaint alleged breach of fiduciary duty in self-dealing, among other things, and the court found plaintiff’s complaint met the statutory criteria for eligibility for a preliminary injunction if other requirements were established. The court was satisfied the economic and artistic success of the D&D film was placed at risk by defendants’ competing activities in marketing their own film, such risk of damage was actual and imminent, and may be irreparable if defendants’ efforts were permitted to continue unchecked. Thus, plaintiff’s motion was granted.