Case against makers of FEAR THE WALKING DEAD lives on
January 31, 2019 – Federal district judge Lucy H. Koh today accepted the firm’s arguments on behalf of its client Mel Smith, declining to dismiss his case against the AMC Network, its affiliates and other individuals and entities responsible for the hit television series FEAR THE WALKING DEAD. In his lawsuit against them, Mr. Smith contends that these parties infringed his copyright in the comic book series DEAD AHEAD and breached their fiduciary duties to him by using elements of his comic book (for example, its plot, setting, certain characters and the like) without his permission. Judge Koh agreed with the central argument of the firm’s brief in opposition that defendants’ position that those elements were “stock” or “generic” or “unoriginal” was factual in nature, and that the client’s claims were otherwise legally sound. The parties expect to appear in court before Judge Koh on March 19th; trial is scheduled to begin early next year.
UPDATE – March 6, 2019 – The parties advised Judge Koh today that they have completed a mediation and resolved the matter. They expect the case to be dismissed in its entirety shortly.