"The Godfather" in Federal Court - Copyright/Trademark Case

An interesting copyright and trademark case was brought on February 17, 2012 in the US. District Court, Southern District of New York by Paramount Pictures Corp. against the Mario Puzo Estate. It is a dispute regarding The Godfather. Paramount is seeking money damages, injunctive relief and declaratory judgment. Check out link: Godfather Complaint

The complaint tell us that Paramount purchased the copyright interests to the legendary novel The Godfather in 1969 from its author Mario Puzo, and then produced three blockbuster movies (the third was disappointing). Puzo died in 1999.

In a 2002 agreement, the Puzo estate was granted the right to produce one "sequel novel" by Paramount. The parties disagreed about future rights and left that battle to another day. In 2004, The Godfather Returns was published (more than half the reviews on Amazon were only 1 or 2 stars). In 2006, without Paramount's knowledge or consent, the Puzo estate published a second novel, The Godfather's Revenge (it did better, but you can buy both books for a penny on Amazon). The Puzo estate plans to publish an additional novel, The Family Corleone.

Paramount maintains the actions by the Puzo estate caused it "irreparable harm" and creates "unfair competition" and is seeking a court declaration that its copyright and trademark interests were infringed. Paramount has also asked for punitive damages and attorneys' fees.

Since I am a big fan of The Godfather novel and movies, I will keep an eye out for the answer from the Puzo estate and will attempt to follow this litigation. I wonder if either side will make "an offer they can't refuse?"

James Maisano, Esq.

Jim@JamesMaisanoEsq.com

www.JamesMaisanoEsq.com

(914) 636-1621

 

I have practiced law in the New York City area for twenty years. I have worked at large international law firms and am now a sole practitioner in New Rochelle, NY. I have litigated in federal and state court and have experience in all litigation phases from filing of a complaint through trial and appeal. My practice areas are:

-- Commercial, Business & Collection Litigation
-- Real Estate Closings
-- Wills and Estates
-- Personal Injury Litigation
-- Government Relations
-- Election Law

There is an initial free consultation for all potential clients. If you are looking for a lawyer for a business seeking to recovery money from a contract dispute; accident victim with personal injuries; real estate closing; drafting a will or filing a probate petition; presenting claims to your local or state government, or have questions about other legal matters, please contact me at:

Email: jim@jamesmaisanoesq.com

Phone: 914-636-1621

G+ Page: https://plus.google.com/116919333376402511758

Legal Blog: www.jamesmaisanoesq.workpress.com

James Maisano, Esq.

Some Helpful Legal Links

As I continue to involve my law firm with the internet world, I have come across some very useful legal links to websites and blogs. Here are a few that I check regularly:

– Are you a U.S. Supreme Court junkie? Cornell Law School’s Legal Information Institute is a terrific resource.  Check out this link to review the latest decisions from the highest court in the land:

http://www.law.cornell.edu/supct/

– There are so many other useful pages on this Cornell Law School site, but in particular, there is a link for New York law, which contains the NYS Constitution and statutes, Court of Appeals and Appellate Division decisions, and a lot more.  Here is the link:

http://www.law.cornell.edu/states/ny.html

– Do you have questions about the NYS Civil Practice Law & Rules, better known as the CPLR? This blog has always been helpful to my litigation practice:

http://www.thecplrblog.com/

– I just added two RSS feeds to this Blog that you can find in the right column. The first is the Wall Street Journal Law Blog, and I always find it interesting:

http://blogs.wsj.com/law/

– The second is FindLaw’s Noteworthy Decisions & Settlements Blog:

http://blogs.findlaw.com/decided/

– Lastly, the New York Personal Injury Law Blog is very well done:

http://www.newyorkpersonalinjuryattorneyblog.com/

I am sure there are many other useful legal websites and blogs out there, so please feel free to share them on a comment to this post.

James Maisano, Esq.

Jim@JamesMaisanoEsq.com

www.JamesMaisanoEsq.com

O (914) 636-1621

C (914) 469-5486

Biography for James Maisano, Esq.

Jim was raised in New Rochelle, after his family moved there in 1964 from Brooklyn. After serving in the United State Marine Corps and attending college and law school, Jim returned to his hometown of New Rochelle to practice law and enter into public service.

He currently practices law at his own firm in New Rochelle. Jim concentrates his practice on commercial litigation, real estate, collections, contractual disputes, personal injury, wills & estates, election law and government relations. He represents clients in federal, state and local litigation and arbitration actions, including cases involving business, real estate, creditor’s rights, and municipal government issues. Jim has experience in all phases of the civil litigation process and has handled hundreds of real estate transactions.

Jim was recently a counsel with the New York law office of Crowell & Moring (2007-2011). Prior to Crowell & Moring, he practiced at the New York law office of Buchanan Ingersoll & Rooney (2003–2007). At both firms, he concentrated his practice on commercial litigation, real estate and government relations. Jim’s legal background includes working as a sole practitioner in New Rochelle (1995-2003), and practicing at two other New York City law firms in the areas of insurance defense (1994-1995) and commercial litigation (1992-1994).

He has served on the Westchester County Republican Committee Judicial Screening Committee and the New Rochelle Bar Association Judicial Screening Committee for a mayoral judge appointment to the New Rochelle City Court. Jim has been a small claims court arbitrator in the New Rochelle City Court. He ran for New York State Supreme Court Justice in 2010 and fall just short in a close race.

Jim was re-elected to his eighth term on the Westchester County Board of Legislators in 2011. He represents approximately 55,000 people in the City of New Rochelle and Town of Pelham. First elected in 1997, Jim has held various leadership positions, including: Republican Minority Leader (2003, 2010, 2011, 2012, 2013); Republican Minority Whip (2002, 2008, 2009); Co-Chair, Rules Committee (2003); Chair, Public Works Committee (2000-2001); and Chair, Intergovernmental Relations Committee (2004-2005). He has served on the Committees on Legislation, Environment, Families and Labor. 

Jim served in the United States Marine Corps from 1984 to 1988. He worked as a landing support specialist in embarkation and logistics. Jim served as platoon sergeant and supervised and trained a platoon of Marines. He was honorably discharged as a sergeant and received several awards and commendations during his service to our country.

Jim earned his B.A. in history and political science from the City University of New York at Hunter College in 1989. In 1992, Jim received his J.D. from the State University of New York at Buffalo School of Law and made the student commencement address at his law school graduation. Jim graduated from Iona Prep in New Rochelle in 1981.

Jim is a member of many civic and professional organizations, including: the New Rochelle Lions Club; Bronx-New Rochelle Elks Lodge #756; Marine Corps League; Casa Calabria Society; Irish Benevolent Society; Westchester Bar Association; and New Rochelle Bar Association. He is a coach in New Rochelle Little League and Youth Soccer of New Rochelle. Jim also runs a successful Toys for Tots drive in conjunction with the Marine Corps each holiday season.

In 1996, Jim married the former Jean Barno, and their son Michael was born in 2000. The Maisano Family has two dogs, Oakley and Marlee, and fosters dogs for Pet Rescue, providing a home for abandoned dogs until permanent homes can be found. Jean works as a fund raising and communications consultant for various nonprofit agencies in Westchester. Michael attends Daniel Webster School in New Rochelle. Jim and his family are members of the parish at Holy Name of Jesus Church in New Rochelle.

Contact:

James Maisano, Esq.
914-636-1621

www.JamesMaisanoEsq.com

jim@jamesmaisanoesq.com