UPDATE, 5:10 PM: Despite a $10 million copyright and trademark suit field on Tuesday, Lovelace is still coming out on Friday. US District Judge Thomas Griesa today rejected Arrow Productions request for a temporary injunction to stop the August 9 release of the biopic of Deep Throat star Linda Lovelace. “Radius couldn’t be more pleased the world will finally get a chance to see Linda’s real story unfold on screen in Lovelace. Never again will she be silenced by the producers and distributors of Deep Throat,” said the company’s co-Presidents Tom Quinn and Jason Janego in a statement Wednesday. Radius TWC were named as defendants, along with the Weinstein Company, Millennium Films, Nu Image, Inc., Animus Films, Untitled Entertainment, Inc., Eclectic Pictures, Inc., Avi Lerner And Laura Rister, in the suit filed on August 6 by the Deep Throat copyright holders.
PREVIOUSLY, 8:22 AM: Harvey Weinstein and Avi Lerner may be in deep trouble over Deep Throat. That’s $10 million dollars and an injunction against the upcoming biopic Lovelace worth of trouble to be exact. In a complaint filed on Tuesday in federal court in New York (read it here), that’s what the owners of the rights to the 1972 skin flick are demanding. Arrow Productions say that the bio of Deep Throat star Linda Lovelace copies more than five minutes of the original film, uses the Deep Throat and “Linda Lovelace” trademarks and no one even asked their permission. “Rather than negotiating licenses for Deep Throat IP, rather than deferring to Arrow’s vision for the Deep Throat brand, Defendants have simply taken what they wanted and crossed their fingers. Evidently their hope was that by the time Arrow noticed the theft, Lovelace would be a fait accompli. Defendants must be enjoined,” says the 21-page complaint.
Radius-TWC picked up the Rob Epstein and Jeffrey Friedman directed Lovelace at this year’s Sundance Film Festival in a $3 million deal. The movie is scheduled to be released on August 9. In their filing this week, Arrow says that they actually approached Millennium, who financed the movie, in December 2010 over the footage and likeness issues but were rebuffed in a reply a year later. In its four-count copyright and trademark infringement complaint for a jury trial, Arrow wants distribution of the film stopped, a full accounting, at least $10 million in damages as well as interest and legal costs. The Weinstein Company, Radius TWC, Millennium Films, Inc., Nu Image, Inc., Animus Films, Untitled Entertainment, Inc., Eclectic Pictures, Inc., Avi Lerner And Laura Rister, are named As defendants.