Defamation, Libel, Slander, Trade Disparagement
Invasion of Privacy
Infliction of Emotional Distress, Outrageous Conduct
Copyright Infringement, Plagiarism, Theft of Ideas and Misappropriation
Trademark Infringement
DEFAMATION, LIBEL, SLANDER, TRADE DISPARAGEMENT
A documentary film that chronicled the deplorable working conditions in a manufacturing plant resulted in a defamation lawsuit. The plaintiff was not the plant's owner but rather another company briefly mentioned in the film. Although the plaintiff was simply a minor element, the resulting legal fees were not insubstantial.
The father of a woman who told her story of immigration and adoption sued the film's producer for defamation after the daughter claimed she had been abused by her adoptive father. The claim was defended and after
significant legal expense ultimately settled for an undisclosed amount.
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INVASION OF PRIVACY (false light, intrusion upon seclusion, public disclosure of private facts and appropriation of name or likeness)
A now famous comedian sued for appropriation of his likeness when a home video, taken when he wasn't a celebrity, was used in a documentary of his career. The claim settled for a confidential amount after litigation was pursued.
In a promo for a reality program a woman was shown in a compromising position with an entertainer. The woman claimed the release she signed was invalid as she was incapacitated at the time. The resolution of this claim cost the producers in time and money.
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INFLICTION OF EMOTIONAL DISTRESS, OUTRAGEOUS CONDUCT
The producers of a new reality program made headlines even before the show hit the air. The contestants threatened to sue after they learned that the "woman" whose affections for which they were competing was not all "she" was billed to be.
A nationally known talk show was the subject of highly publicized litigation after one participant shot and killed another participant after the show. The perpetrator, who was a male, was distraught after the victim revealed during the show that he had a crush on him. When the victim's family brought suit, the producers of the show had to defend their conduct in setting up the situation that allegedly resulted in the killing.
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COPYRIGHT INFRINGEMENT, PLAGIARISM, THEFT OF IDEAS AND MISAPPROPRIATION
A film producer was sued for its television documentary, which contained footage of a videotape that was alleged to have been produced by the plaintiff, who claimed to own the copyright to the program. The case was
dismissed on summary judgment, but not before considerable legal fees were incurred in defending the case.
A film producer was sued by a politician who claimed that his speeches were copyrighted and could not be used without his permission. The documentary in question contained excerpts from a number of the plaintiff's speeches and was broadcast on national television, as well as being sold as a videotape. The case eventually settled for an above average amount. Legal fees to defend the case were approximately four times as much as the settlement.
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TRADEMARK INFRINGEMENT
The title of a popular television show was used on hats and other clothing. The producers were sued by the maker of a line of clothing with a name similar to that of the television show. The plaintiff alleged that the title of the television show was similar enough to their company name that putting the show's title on clothing infringed their trademark.
Creators of a children's cartoon were surprised when a trademark infringement suit was filed against them. The plaintiff is in the business of making and selling sporting goods. The claimant alleged that because the name of the cartoon was the same as the plaintiff's sporting goods company, the cartoon infringed on their trademark. This litigation resulted against the cartoon's producer despite the fact that they did not sell any clothing, toys or other merchandise that carried the offending mark. The producer of the children's cartoon had to incur the cost of defending themselves.
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*These claims are examples of those encountered in the types of businesses insured under Media/Professional's Media Liability Plus Program.
Some are claims we've handled; in others, we were not directly involved. Coverage for these claims is not to be inferred from this list but must always be determined in reference to a particular insurance policy, which is the controlling document, as well as the facts and circumstances of each claim and applicable law.
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