UPDATED, 4:10 PM: The Section 6 lawsuit that sees two studios pitted against each other is starting to move faster than the opening sequence of a James Bond movie. Just three days after Universal responded to the multi-claim complaint from MGM and Bond producer Danjaq, the plaintiff today fired back with a response to the response. “Defendants thus admit that they not only have no plans to stop their infringing conduct, but that they are forging ahead—right now,” says today’s 4-page filing in federal court (read it here). “Even worse, as Universal knows from public reports, plaintiffs are investing hundreds of millions of dollars in the next James Bond motion picture, slated for theatrical release in October 2015 and home video release in early 2016,” the filing adds. On April 3, MGM and Danjaq hit Universal with a complaint for unspecified damages and an injunction against the announced Aaron Berg-written World War I spy drama. The plaintiffs charged that Section 6 was a rip-off of the James Bond properties, which they own. On April 11, Universal claimed in a filed of its own that the film was not even greenlighted and was still in the very early stages of development and did not infringe on the Bond copyright at all when the script was in its final form. “In essence, Universal’s response is to claim: ‘Just trust us, we’re trying to fix it. But it will take time.,'” the filing says. “That is no basis for Universal to avoid the targeted discovery plaintiffs seek. Without that expedited discovery, any attempt by plaintiffs to obtain preliminary relief would be tantamount to shooting at a moving target. The Court cannot possibly ascertain the status quo under such circumstances, let alone fashion appropriate relief to address it.” Judge Dean D. Pregerson will have to weigh in on this soon, but it sounds like both studios can use an M to separate them in this you said/I said schoolyard brawl.
PREVIOUSLY, 10:39 AM: Looks like Universal have brought their own legal license to kill on board in the Section 6 lawsuit with MGM and James Bond producer Danjaq — in more ways than one. Just over a week after being hit by a multi-claim copyright infringement suit by the duo, the studio has responded and they’ve brought a top operative in Bert Fields to handle things for them. (more…)