Sony Pictures Entertainment, Inc. v. Fireworks Entertainment Group, Inc.
Opinion
Opinion
Collins, J.
ORDER DENYING PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION
Plaintiffs Sony Pictures Entertainment, Inc. (“Sony”), TriStar Pictures, Inc. (“TriStar”), and Zorro Productions, Inc.’s (“ZPI”) (collectively “Plaintiffs”) Motion for a Preliminary Injunction came on regularly for a hearing before this Court on March 26, 2001. This case arises out of a dispute between Plaintiffs and Defendants Fireworks Entertainment Group, Fireworks Communications Inc., Fireworks Productions, Inc., Paramount Pictures, and Mercury Entertainment (collectively “Defendants”) about a television series, “Queen of Swords” (“QOS”). After considering the materials submitted by the parties, argument of counsel, and the case file, the Court DENIES the request for a Preliminary Injunction.
I. BACKGROUND
The well known fictional character “Zorro” is at the center of this action. In 1919, Johnson McCulley (“McCulley”) wrote the first Zorro story, which was serialized in a pulp fiction magazine entitled All Story Weekly. That first Zorro story is entitled, “The Curse of Capistrano,” and it features Zorro, the masked avenger, who leads a double life in early Spanish California. McCulley’s Zorro wears a black mask,…