5TH EXCLUSIVE UPDATE: Weinstein Company attorney David Boies has responded to the legal letter sent by Warner Bros legal affairs over their dispute regarding use of the title The Butler on the Lee Daniels-directed film. The letter is directed to John W. Spiegel, the Warner Bros-hired lawyer who fired off the last letter July 4. Here is the latest, as Boies makes the move to secure a restraining order as the legal maneuvering continues. He says that Warner Bros is holding hostage the civil rights film to “extort unrelated concessions from TWC.” This is getting nastier and nastier:
Dear Mr. Spiegel:
Although you do not directly respond to my inquiry, I assume that you are the counsel who should be notified in the event it is necessary to seek a TRO.
I will not try to respond to your version of the facts in part because it is so inaccurate and incomplete that such an exercise would be extensive, and in part because your letter appears to be a press release masquerading as a lawyer’s letter. However, I briefly note your lack of response to three critical points.
First, if an anticompetitive “permanent” allocation of titles (and words used in titles) among competitors is a product of a horizontal agreement, that is an antitrust violation, not a defense.
Second, the purported order that TWC not use titles that it has already cleared pursuant to the MPAA’s own rules and procedures demonstrates that it is Warner Bros. and the MPAA that are at odds with established custom, practice, and procedure.
Third, none of this controversy would have occurred if Warner Bros. had not repudiated its representations and agreements not to object to “The Butler” in a transparent attempt to hold a major civil rights film hostage to extort unrelated concessions from TWC.
4th EXCLUSIVE UPDATE: The July 4th holiday didn’t stop the battle between The Weinstein Company and Warner Brothers over the title to The Butler. Attorneys for Warner Brothers yesterday sent a letter to TWC counsel David Boies in response to director Lee Daniels’ personal appeal to WB to back down on its demand for a title change. In the letter, WB attorney John Spiegel stands firm, calling TWC’s “cries of unfairness and its threats to sue Warner ..unproductive and unwarranted”. Sources tell Deadline that Daniels received a personal response from CEO Kevin Tsujihara yesterday. Warner Bros had no comment on the matter. You can read the complete letter below:
July 4, 2013
David Boies, Esq.
Boies, Schiller & Flexner LLP
333 Main Street
Armonk, NY 10504
Re:The Weinstein Company/The Butler
Dear Mr. Boies:
We represent Warner Bros. Pictures (WBP) and Warner Bros. Family Entertainment (collectively, “Warner”). I write in response to your July 3, 2013 letter on behalf of The Weinstein Company’s (TWC). TWC’s cries of unfairness and its threats to sue Warner are unproductive and unwarranted responses to a situation that TWC alone has created. (more…)