Sobhani

Sobhani v. @ RADICAL. MEDIA INC.

Good Law

257 F. Supp. 2d 1234·2003 WL 1884795·66 U.S.P.Q. 2d (BNA) 1195·2003 U.S. Dist. LEXIS 2619

United States District Court, Central District of CaliforniaFebruary 11, 2003CV 02-3594 SVWCalifornia3,196 words

Opinion

Wilson, J.

ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT

I. INTRODUCTION

Plaintiff brings this action for copyright infringement under 17 U.S.C. §§ 101 , et seq., against Defendant @radical.media (“Radical”), and several unnamed Defendants. The Court has federal question jurisdiction pursuant to 28 U.S.C. § 1331 .

Defendant Radical moves for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure.

■ For the reasons set forth below, Defendant’s Motion for Summary Judgment is GRANTED.

II. FACTUAL / PROCEDURAL BACKGROUND

Plaintiff Babak Sobhani (“Sobhani”) is an aspiring commercial director. In late 2000 and early 2001, Sobhani conceived, directed and produced five short video advertisements (“Spec Commercials”) as a means of promoting himself to prospective employers.

The Spec Commercials were styled along the lines of then preexisting commercials for Jack-in-the-Box restaurants, but contained new elements in that they spoofed the popular motion picture Cast Away, starring Tom Hanks. In the movie, Hanks’s character becomes stranded alone on a small island following an airplane crash. Hanks’s character battles his isolation by speaking to a ‘Wilson”…

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