Laparade

Laparade v. Ivanova

Good Law
116 F. App'x 100
United States Court of Appeals for the Ninth CircuitNovember 5, 2004Nos. 02-56222, 03-55431, 03-56207California1,718 words

Opinion

Lead Opinion

MEMORANDUM *

These consolidated appeals arise from a bench trial before the Hon. William J. Rea and subsequent rulings by the Hon. Dick-ran Tevrizian. We have jurisdiction under 28 U.S.C. § 1291 .

The appeals involve a dispute between Mario Moreno Ivanova, individually and as Executor of the Estate of Mario Moreno Reyes (“Ivanova”) and Columbia Pictures Industries (“Columbia”) over the rights to Spanish language motion pictures starring Ivanova’s deceased father, Mario Moreno Reyes, a/k/a “Cantinflas.” Columbia’s and Ivanova’s competing claims to ownership of the worldwide intellectual property rights and related rights in Cantinflas motion pictures were litigated before District Judge Rea in a three-phase bench trial. (Eduardo Moreno Laparde v. Columbia Pictures Industries, Inc., et al., Case No. CV 97-0615 WJR (CTx)).

After conducting the second phase of the trial, the court permanently enjoined Iva-nova from licensing, distributing, marketing or otherwise exploiting or benefitting from 34 Cantinflas motion pictures. In violation of this injunction, Ivanova licensed certain motion pictures for DVD release and refused to turn over the film elements as ordered by the court. The…

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