Fox Rothschild Defeats Injunction Bid in Copyright Battle Over Debut of ‘Thugs’ MusicalSeptember 26, 2017 – Press Releases
Just in time for opening night, a Fox Rothschild Entertainment Law litigation team led by Christopher P. Beall and Darrell D. Miller won a court order that cleared the way for firm client Melvin Childs to proceed with a national tour of his new rap musical, “Thugs and the Women Who Love ‘Em.”
Ruling on a copyright lawsuit, U.S. District Judge LaShann DeArcy Hall refused to issue an injunction that would have put an indefinite hold on the tour after finding that the plaintiff had fallen far short of the evidence needed.
The plaintiff, Louise Clark, is the author of a series of urban romance novels known as the “Thugs” novels. She demanded that Childs’ national tour, which was set to open on Sept. 22 in Oklahoma City, be shut down because it allegedly infringes on her copyrights and would interfere with her attempts to stage a show based on her work.
But Judge Hall found that Clark had offered nothing more than her own testimony as evidence that she is “in discussions” with several potential producers who would abandon those talks if Childs’ musical were allowed to open. The judge faulted Clark for not submitting any testimony from the purported producers she claims to know.
Judge Hall also faulted Clark for taking a “kitchen-sink approach to litigation” by adding claims that appeared to be included as an “impermissible safeguard” in the event she loses on her copyright claims. The added claims were legally flawed, Judge Hall ruled, because they apply only to producers of “tangible goods.”
Fox Rothschild associates Shireen Nasir and Cali Roth Spota assisted Beall and Miller in the litigation.