Rice
Rice v. Fox Broadcasting Co.
Opinion
Opinion
Collins, J.
ORDER RE: DEFENDANTS’ MOTIONS FOR SUMMARY ADJUDICATION OF CLAIMS PURSUANT TO FED R. CIV. PRO
Trying to protect what he claims is his exclusive right to make or present videos or television specials in which the secrets behind well-known magic tricks or illusions are revealed, Plaintiff has sued everyone associated with making and presenting a series of allegedly infringing television specials. Most of the remaining Defendants have now filed two summary judgment motions: (1) for Summary Adjudication Re: Plaintiffs Copyright Claims (“Copyright Motion”); and (2) for Summary Adjudication Re: Plaintiffs Lanham Act/California Business & Professions Code Section 17200 Claims (“Trademark/False Advertising Motion”). Both motions came on regularly for a hearing before this Court on June 18, 2001. For the reasons indicated below, the Court GRANTS the Copyright Motion, and GRANTS IN PART the Trademark/False Advertising Motion. The Court DISMISSES the First Claim for Relief.
I. PROCEDURAL HISTORY
On September 30, 1999, Plaintiff ROBERT E. RICE (“Plaintiff,” or “Rice”) filed the initial Complaint in this matter, naming a multitude of Defendants: FOX BROADCASTING COMPANY (“Fox Broadcasting…