Case 2:16-cv-07733 Document 1 Filed 10/17/16 Page 1 of 17 Page ID #:1 1 Peter L. Haviland (Bar Number 144967)
[email protected] 2 Scott S. Humphreys (Bar Number 298021)
[email protected] 3 Terrence M. Jones (Bar Number 256603)
[email protected] 4 BALLARD SPAHR LLP 2029 Century Park East, Suite 800 5 Los Angeles, CA 90067-2909 Telephone: 424.204.4400 6 Facsimile: 424.204.4350 7 Attorneys for Plaintiff Century of Progress Productions 8 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 CENTURY OF PROGRESS ) Case No. 2:16-cv-07733 PRODUCTIONS, ) 13 ) Plaintiff, ) COMPLAINT FOR: 14 ) ) (1) Breach of Contract; v. ) 15 ) (2) Breach of the Implied Covenant 16 VIVENDI S.A.; STUDIOCANAL; ) of Good Faith and Fair Dealing; ) (3) Fraud; STUDIOCANAL IMAGE; ) 17 RON HALPERN, an individual; and (4) Accounting; and DOES 1 through 10, inclusive, ) 18 ) (5) Declaratory Relief Re: ) Trademark (28 U.S.C. § 2201) ) 19 Defendants. ) ) DEMAND FOR JURY TRIAL 20 Deadline) 21 ) 22 23 24 25 26 27 28 COMPLAINT AND DEMAND FOR JURY TRIAL Case 2:16-cv-07733 Document 1 Filed 10/17/16 Page 2 of 17 Page ID #:2 1 PRELIMINARY STATEMENT 2 1. Harry Shearer, creator of the radio and podcast program "Le Show," 3 and voice of some twenty-three characters on "The Simpsons," is co-creator of 4 the movie classic This Is Spinal Tap, in which he performed as the musician 5 Derek Smalls. 6 2. This Is Spinal Tap and its music, which Shearer also co-wrote, 7 including such songs as "Sex Farm" and "Stonehenge," have remained popular for 8 more than thirty years, and have earned considerable sums for the French 9 conglomerate Vivendi S.A.