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Lone Wolf McQuade Associates v. CBS, Inc.

961 F. Supp. 587 (1997)

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Lone Wolf McQuade Associates v. CBS, Inc.

United States District Court for the Southern District of New York
961 F. Supp. 587 (1997)

SH

Facts

Orion Pictures Corporation acquired certain rights with respect to the motion picture Lone Wolf McQuade. The motion picture starred Chuck Norris as J.J. McQuade, a Texas Ranger who used a combination of guns and martial arts to fight crime. Orion assigned the rights in Lone Wolf McQuade to Lone Wolf McQuade Associates (plaintiff) but reserved the right to make a television special and a television series based thereon. Later, CBS broadcast the television special Walker: Texas Ranger, One Riot, One Ranger, which starred Chuck Norris as Cordell Walker, a Texas Ranger who used a combination of guns and martial arts to fight crime. The broadcast of the television special was followed with the television series Walker, Texas Ranger, in which Cordell Walker continues to fight crime in the same manner. Orion and McQuade Associates brought suit against CBS, alleging that Walker, Texas Ranger infringed their copyright rights in Lone Wolf McQuade. The court dismissed Orion’s claims following a settlement agreement in which Orion granted CBS a retroactive license to use Lone Wolf McQuade in connection with Walker, Texas Ranger. CBS moved to dismiss McQuade Associates’ copyright claims on the grounds that the two works were not substantially similar in their protectable expression and the retroactive license.

Rule of Law

Issue

Holding and Reasoning (Koeltl, J.)

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