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WARNER BROS., INC. v. AMER. BROADCASTING, ETC.

No. 81 Civ. 1551 (CBM).

530 F.Supp. 1187 (1982)

WARNER BROS., INC., Film Export, A.G., and DC Comics, Inc., Plaintiffs, v. AMERICAN BROADCASTING COMPANIES, INC., Defendant. AMERICAN BROADCASTING COMPANIES, INC., Third-Party Plaintiff, v. STEPHEN J. CANNELL PRODUCTIONS, Third-Party Defendant.

United States District Court, S. D. New York.

January 20, 1982.

Attorney(s) appearing for the Case

Weiss, Dawid, Fross, Zelnick & Lehrman by Allan Zelnick, Richard Lehv, New York City, for plaintiffs Film Export, A.G. and DC Comics, Inc.; Bruce S. Kaplan, New York City, of counsel.

Weissman, Wolff, Bergman, Coleman & Schulman by John Schulman, Los Angeles, Cal., for plaintiff Warner Bros., Inc.; Dean A. Ziehl, Los Angeles, Cal., of counsel.

Hawkins, Delafield & Wood by Philip R. Forlenza, Laura V. Jones, New York City, for defendant American Broadcasting Companies, Inc.

Townley & Updike by Richard Barnes, Douglas C. Fairhurst, Robert L. Raskopf, Mary D. Faucher, New York City, for third-party defendant Stephen J. Cannell Productions.

OPINION

MOTLEY, District Judge.

In this opinion, the court grants summary judgment for defendants, holding, as a matter of law, that defendants' works (consisting of a two-hour premiere television show and seven one-hour television episodes) are not substantially similar to plaintiffs' works (consisting of two movies, three television shows, and approximately twenty comic books), and that there is no likelihood of confusion between the parties' works.

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