Toho Co., Ltd. v. William Morrow and Co., Inc.

ORDER GRANTING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION

Background

Plaintiff Toho Co., Ltd. (“Toho” or “Plaintiff’) brings this action against Defendant William Morrow and Company, Inc. (“Morrow” or “Defendant”) alleging various causes of action for alleged infringement of Toho’s intellectual property rights in the fictional character “Godzilla,” and subsequent derivative works based thereon.

Toho is a Japanese corporation and motion picture studio with its principal place of business in Tokyo, Japan. Complaint, ¶ 2. William Morrow is alleged to be a New York corporation with its principal place of business in New York. Id, ¶ 3.

In or about 1954, Toho alleges that it created the fictional character “Godzilla”, a giant prehistoric monster brought to life in the modern world. Id, ¶ 5. At the same time, Toho produced and distributed a feature-length motion picture entitled Godzilla, based upon the reawakening of Godzilla by the detonation of an atomic bomb. The film was allegedly released in the United States in or about 1956 under the title Godzilla, King of the Monsters. Id. Toho alleges that it has subsequently produced and distributed throughout the world a series of…