This case was last updated from U.S. District Courts on 09/12/2022 at 08:01:45 (UTC).

Miramax, LLC v. Quentin Tarantino et al

Case Summary

On November 16, 2021, Miramax, LLC (“Plaintiff”), represented by Bart H. Williams and Kyle Alexander Casazza of Proskauer Rose LLP, filed an intellectual property lawsuit against  Quentin Tarantino and Visiona Romantica, Inc (collectively, “Defendants”), seeking injunctive relief, damages and other reliefs for the Defendants’ alleged copyright infringement. This case was filed in U.S. District Court in the Central District of California with Judge Fernando M. Olguin and Judge Jacqueline Chooljian presiding.

The Plaintiff filed this complaint in order to enforce, preserve, and protect its contractual and intellectual property rights relating to one of Miramax’s film properties. 

In its complaint, the Plaintiff alleged that, “Pursuant to the Original Rights Agreement and the subsequent Tarantino-Miramax Assignment, Tarantino, in exchange for valuable consideration, granted and assigned to Miramax in perpetuity throughout the universe, “all rights (including all copyrights and trademarks) in and to the Film (and all elements thereof in all stages of development and production) now or hereafter know including without limitation the right to distribute the Film in all media now or hereafter known (theatrical, non-theatrical, all forms of television, home video, etc.),” excluding only a limited set of Tarantino’s “Reserved Rights.””

The Plaintiff further alleged that, “Those grants and assignments prohibit Defendants from exploiting or licensing those same rights to develop and sell the Pulp Fiction NFTs. Miramax has been damaged and will continue to sustain damages from Defendants’ exploitation of rights to Pulp Fiction that belong to Miramax. Defendants’ conduct in connection with the development and sale of the Pulp Fiction NFTs is a substantial factor in causing Miramax’s harm.” 

The Plaintiff also alleged that, “Through Defendants’ conduct alleged herein, including Defendants’ sale of rights relating to Pulp Fiction, and preparation and reproduction of derivative works based on Pulp Fiction without Miramax’s permission, Defendants have directly infringed Miramax’s exclusive rights in Pulp Fiction and the elements thereof in violation of Section 501 of the Copyright Act, 17 U.S.C. § 501. Defendants’ infringing conduct alleged herein was and continues to be willful and with full knowledge of Miramax’s rights relating to Pulp Fiction, and has enabled Defendants illegally to obtain profit therefrom.”   

There are four claims for relief laid down by Plaintiff. The first claim alleged is for breach of contract. The second claim alleged is for copyright infringement under 17 U.S.C. § 501. The third claim alleged is for trademark infringement under 15 U.S.C. § 1114 and the fourth claim is for unfair competition under 15 U.S.C. § 1125(a). 

In its prayer for relief, the Plaintiff has requested the Court for damages in an amount to be determined at trial, or at Miramax’s election; declaratory relief that Defendants have breached their agreements with Miramax, infringed Miramax’s copyrights in and to Pulp Fiction, and infringed Miramax’s trademark rights in and to Pulp Fiction; injunctive relief preventing further violations of Miramax’s rights in and to Pulp Fiction; attorneys’ fees; and Miramax’s costs of suit and such other relief as the Court may deem just.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-08979

  • Filing Date:

    11/16/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Intellectual Property - Copyright

Judge Details

Presiding Judge

Fernando M. Olguin

Referral Judge

Jacqueline Chooljian

 

Party Details

Plaintiff

Miramax, LLC

Defendants

Quentin Tarantino

Visiona Romantica, Inc.

Does 1-50

Attorney/Law Firm Details

Plaintiff Attorneys

Bart H Williams

Alyson Claire Tocicki

Jeffrey D. Neuburger

Kyle Alexander Casazza

Seth Victor

Wai L. Choy

Defendant Attorneys

Jesse A Kaplan

Theresa M Troupson

Bryan J Freedman

Connor Reed He-Schaefer

David Nimmer

Dennis Joseph Courtney

 

Court Documents

#41

(#41) NOTICE of Settlement filed by plaintiff Miramax, LLC. (Williams, Bart) (Entered: 09/08/2022)

#40

(#40) STATUS REPORT Re: Settlement filed by Plaintiff Miramax, LLC. (Williams, Bart) (Entered: 09/01/2022)

#39

(#39) ORDER AMENDING THE SCHEDULING AND CASE MANAGEMENT ORDER RE: JURY TRIAL #38 by Judge Fernando M. Olguin. The final pretrial conference and hearing on motions in limine is scheduled for February 10, 2023, at 10:00 a.m.; and The trial is scheduled to begin on February 28, 2023, at 9:00 a.m. (iv) (Entered: 08/10/2022)

38 #1

Proposed Order

38 #38

Main Document

36 #3

Exhibit 2

29 #2

Proposed Order [Proposed] Order

29 #1

Request for Judicial Notice

29 #29

Main Document

3 #1

Request for Summons for Defendant Visiona Romantica, Inc.

#2

(#2) CIVIL COVER SHEET filed by Plaintiff Miramax, LLC. (Williams, Bart) (Entered: 11/16/2021)

1 #6

Exhibit F

1 #5

Exhibit E

1 #4

Exhibit D

1 #3

Exhibit C

1 #2

Exhibit B

1 #1

Exhibit A

1 #1

Main Document

62 More Documents Available
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Docket Entries

  • 09/08/2022
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  • Docket(#41) NOTICE of Settlement filed by plaintiff Miramax, LLC. (Williams, Bart) (Entered: 09/08/2022)

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  • 09/01/2022
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  • Docket(#40) STATUS REPORT Re: Settlement filed by Plaintiff Miramax, LLC. (Williams, Bart) (Entered: 09/01/2022)

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  • 08/10/2022
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  • Docket(#39) ORDER AMENDING THE SCHEDULING AND CASE MANAGEMENT ORDER RE: JURY TRIAL #38 by Judge Fernando M. Olguin. The final pretrial conference and hearing on motions in limine is scheduled for February 10, 2023, at 10:00 a.m.; and The trial is scheduled to begin on February 28, 2023, at 9:00 a.m. (iv) (Entered: 08/10/2022)

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  • 08/08/2022
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  • Docket(#38) STIPULATION to Amend filed by Plaintiff Miramax, LLC. (Attachments: #1 Proposed Order)(Williams, Bart) (Entered: 08/08/2022)

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  • 07/15/2022
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  • Docket(#37) TEXT ONLY ENTRY by Chambers of Judge Fernando M. Olguin. On the court's own motion, the Motion for Judgment on the Pleadings #29 , currently set for hearing on July 21, 2022, is taken off calendar and placed under submission. No appearances are required on that date. The court may order further briefing or other proceedings, at any time, as appropriate. Order to issue. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (gga) TEXT ONLY ENTRY (Entered: 07/15/2022)

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  • 07/07/2022
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  • Docket(#36) REPLY in Support of NOTICE OF MOTION AND MOTION for Judgment on the Pleadings #29 filed by Defendants Quentin Tarantino, Visiona Romantica, Inc.. (Attachments: #1 Declaration Jesse A. Kaplan, #2 Exhibit 1, #3 Exhibit 2)(Kaplan, Jesse) (Entered: 07/07/2022)

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  • 06/30/2022
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  • Docket(#35) REQUEST FOR JUDICIAL NOTICE re NOTICE OF MOTION AND MOTION for Judgment on the Pleadings #29 (MIRAMAX, LLC'S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF ITS OPPOSITION TO DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS AND RESPONSE TO DEFENDANTS' RELATED REQUEST FOR JUDICIAL NOTICE) filed by Plaintiff Miramax, LLC. (Williams, Bart) (Entered: 06/30/2022)

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  • 06/30/2022
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  • Docket(#34) DECLARATION of KYLE A. CASAZZA IN OPPOSITION TO NOTICE OF MOTION AND MOTION for Judgment on the Pleadings #29 filed by Plaintiff Miramax, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Casazza, Kyle) (Entered: 06/30/2022)

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  • 06/30/2022
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  • Docket(#33) OPPOSITION re: NOTICE OF MOTION AND MOTION for Judgment on the Pleadings #29 filed by Plaintiff Miramax, LLC. (Attachments: #1 Proposed Order)(Williams, Bart) (Entered: 06/30/2022)

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  • 06/28/2022
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  • Docket(#32) NOTICE OF FILING TRANSCRIPT filed for proceedings 4/12/2022 (9:33 a.m. to 10:15 a.m.) re Transcript #31 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (aa) TEXT ONLY ENTRY (Entered: 06/28/2022)

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21 More Docket Entries
  • 11/17/2021
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  • Docket(#10) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (lh) (Entered: 11/17/2021)

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  • 11/17/2021
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  • Docket(#9) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh) (Entered: 11/17/2021)

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  • 11/17/2021
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  • Docket(#8) NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and Magistrate Judge Jacqueline Chooljian. (lh) (Entered: 11/17/2021)

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  • 11/16/2021
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  • Docket(#7) APPLICATION of Non-Resident Attorney Wai L. Choy to Appear Pro Hac Vice on behalf of Plaintiff Miramax, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32333727) filed by Plaintiff Miramax, LLC. (Attachments: #1 Proposed Order) (Casazza, Kyle) (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#6) APPLICATION of Non-Resident Attorney Jeffrey D. Neuburger to Appear Pro Hac Vice on behalf of Plaintiff Miramax, LLC (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32333639) filed by Plaintiff Miramax, LLC. (Attachments: #1 Proposed Order) (Attorney Kyle Alexander Casazza added to party Miramax, LLC(pty:pla)) (Casazza, Kyle) (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#5) CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Miramax, LLC, (Williams, Bart) (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#4) CORPORATE DISCLOSURE STATEMENT filed by Plaintiff Miramax, LLC (Williams, Bart) (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#3) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Miramax, LLC. (Attachments: #1 Request for Summons for Defendant Visiona Romantica, Inc.)(Williams, Bart) (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#2) CIVIL COVER SHEET filed by Plaintiff Miramax, LLC. (Williams, Bart) (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#1) COMPLAINT Receipt No: ACACDC-32332555 - Fee: $402, filed by Plaintiff Miramax, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Attorney Bart H Williams added to party Miramax, LLC(pty:pla))(Williams, Bart) (Entered: 11/16/2021)

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