!aaassseee      222:::111555-­-­-cccvvv-­-­-000777222444444-­-­-DDDMMMGGG-­-­-JJJ!                  DDDooocccuuummmeeennnttt      111                  FFFiiillleeeddd      000999///111555///111555                  PPPaaagggeee      111      ooofff      777                  PPPaaagggeee      IIIDDD      ###:::111 1 2 3 4 5 6 BERTRAM FIELDS (SBN 024199) BFields@ggfirm.com GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP 1900 Avenue of the Stars, 21st Floor Los Angeles, California 90067-4590 Telephone: 310.553.3610 Fax: 310.553.0687 Attorneys for Plaintiff Stanley A. Weston 1900 Avenue of the Stars, 21st Floor Los Angeles, California 90067-4590 GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 STANLEY A. WESTON, 12 13 14 Plaintiff, v. HASBRO, INC., 15 Case No. __________________ COMPLAINT FOR DECLARATORY RELIEF JURY TRIAL DEMANDED Defendant. 16 17 18 Plaintiff for his complaint, alleges the following: The Parties 19 20 1. 21 District. 22 2. Plaintiff (“Weston”) is a resident of California and of this Judicial Defendant is a Delaware corporation doing substantial business in 23 California, in this Judicial District and throughout the world as a manufacturer and 24 distributor of toys and related products. Defendant was formerly called 25 “Hassenfeld Bros., Inc.” Jurisdiction and Venue 26 27 28 3. This Court has original jurisdiction over plaintiff’s claims, in that they arise under the Copyright Act 17 U.S.C. § 101 et seq. This court also has diversity 93166-00002/2374034.1 COMPLAINT FOR DECLARATORY RELIEF !aaassseee      222:::111555-­-­-cccvvv-­-­-000777222444444-­-­-DDDMMMGGG-­-­-JJJ!                  DDDooocccuuummmeeennnttt      111                  FFFiiillleeeddd      000999///111555///111555                  PPPaaagggeee      222      ooofff      777                  PPPaaagggeee      IIIDDD      ###:::222 1 jurisdiction under 28 U.S.C. § 1332, in that the parties are citizens of different 2 states and the amount in controversy exceeds $75,000. 3 4. Venue in this Judicial District is proper under 28 U.S.C. § 1391(b)(1) 4 and (d) in that defendant is a corporation doing substantial business and subject to 5 personal jurisdiction in the State of California and in this Judicial District and, 6 accordingly, is deemed to reside there, and under 28 U.S.C. § 1391(b)(2) in that a 7 substantial part of the acts and circumstances giving rise to this action occurred in 8 this Judicial District. 1900 Avenue of the Stars, 21st Floor Los Angeles, California 90067-4590 GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP 9 10 Factual Allegations 5. During 1963, Weston created the original idea of manufacturing and 11 selling male action figures wearing and carrying miniaturized versions of the 12 uniforms, insignias, emblems and equipment of each of the different branches of 13 the United States armed forces (the “Outfitted Action Figures”). The Outfitted 14 Action Figures envisioned by Weston were to have movable parts, so that they 15 could be placed in various action poses. Weston believed his concept had particular 16 commercial appeal because, once the Outfitted Action Figures were purchased, the 17 buyers would continue to purchase new and different uniforms, insignias, emblems 18 and equipment for them. 19 6. Early on, at Weston’s expense, he reduced a part of his concept to 20 tangible form by assembling on sheets of “oaktag” numerous examples of the 21 colorful insignias and emblems he envisioned as a key part of his concept. 22 7. Defendant (then named Hassenfeld Bros., Inc.) was, and still is, in the 23 toy business. Weston presented his idea for the Outfitted Action Figures and his 24 oaktag sheets showing examples of their insignias and emblems to Donald Levine, 25 defendant’s Vice President of Research and Development. Weston described his 26 Outfitted Action Figures to Levine and explained that, just as razor manufacturers 27 made their money from the sale of blades, once a buyer owned one of his Outfitted 28 Action Figures, the continued sale of different uniforms, insignias, emblems and 93166-00002/2374034.1 2 COMPLAINT FOR DECLARATORY RELIEF 1900 Avenue of the Stars, 21st Floor Los Angeles, California 90067-4590 GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP !aaassseee      222:::111555-­-­-cccvvv-­-­-000777222444444-­-­-DDDMMMGGG-­-­-JJJ!                  DDDooocccuuummmeeennnttt      111                  FFFiiillleeeddd      000999///111555///111555                  PPPaaagggeee      333      ooofff      777                  PPPaaagggeee      IIIDDD      ###:::333 1 equipment, such as those shown on Weston’s oaktag presentation, would provide a 2 steady stream of revenue. Levine told Weston his concept was great and would be 3 of significant interest to defendant. Weston had no facilities to create prototypes of 4 his Outfitted Action Figures, but defendant did; and, when asked by Weston, 5 defendant was willing to undertake that. Weston authorized and directed defendant 6 to make initial drawings of his Outfitted Action Figures and then, if the initial 7 drawings were approved, to fabricate prototypes of his Outfitted Action Figures 8 wearing and carrying their miniaturized uniforms, insignias, emblems and 9 equipment, as he had described them and had shown in his oaktag presentation. 10 Levine told Weston that, if Weston approved what defendant made, he was sure 11 defendant would want to buy the rights from Weston. Weston offered to pay any 12 expense incurred by defendant in fabricating the prototypes, but Levine said 13 defendant could recoup any such expense in setting the purchase price of the rights. 14 Weston agreed, however, that, if Weston did not sell defendant the rights, Weston 15 would reimburse defendant for any expense it incurred in making the prototype 16 action figures. Thus, Weston assumed the entire burden of any such expense. 17 8. Thereafter, with Weston’s authorization and at his direction and 18 expense, as alleged hereinabove, defendant reduced the balance of Weston’s 19 concept to tangible form, first by making drawings pursuant to Weston’s direction, 20 which Weston approved, and then by fabricating Outfitted Action Figures wearing 21 and carrying their miniaturized uniforms, insignia, emblems and equipment, like the 22 insignia and emblems on Weston’s oaktag presentation, all as Weston had 23 described and directed. 24 9. Weston did approve the Outfitted Action Figures fabricated by 25 defendant at Weston’s instance and expense, and praised defendant for making 26 them just as he had described and directed. Levine replied “You’re going to make a 27 ton of money from this” and told Weston that defendant definitely wanted to buy 28 from Weston the rights in his Outfitted Action Figures. The parties considered 93166-00002/2374034.1 3 COMPLAINT FOR DECLARATORY RELIEF 1900 Avenue of the Stars, 21st Floor Los Angeles, California 90067-4590 GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP !aaassseee      222:::111555-­-­-cccvvv-­-­-000777222444444-­-­-DDDMMMGGG-­-­-JJJ!                  DDDooocccuuummmeeennnttt      111                  FFFiiillleeeddd      000999///111555///111555                  PPPaaagggeee      444      ooofff      777                  PPPaaagggeee      IIIDDD      ###:::444 1 Weston to be the creator and author of the Outfitted Action Figures; and, based on 2 the foregoing facts, Weston was, in fact, the creator and author of those figures. 3 Levine consistently referred to Weston as the creator and owner of the rights in the 4 Outfitted Action Figures, which he said defendant wanted to buy. Neither Levine 5 nor anyone else from defendant made any claim that defendant already owned any 6 such rights or that all such rights were not owned by Weston or that Weston was 7 not the creator and author of the Outfitted Action Figures, or that defendant could 8 or would manufacture or market the Outfitted Action Figures without buying the 9 rights from Weston. 10 10. Defendant then prepared, and the parties executed, a written contract 11 (the “Contract”). The Contract was signed more than 50 years ago, in or about 12 February, 1964. Unfortunately, Weston has not been able to locate a copy; and 13 Weston is informed and believed and, on that ground, alleges that defendant has 14 also been unable to locate a copy. Weston’s recollection is that, in the Contract, he 15 granted to defendant the copyright and all copyright interests in the Outfitted 16 Action Figures wearing and carrying their miniaturized uniforms, insignias, 17 emblems and equipment, as Weston described them to Levine and demonstrated 18 with his “oaktag” presentation and which defendant put in further tangible form at 19 Weston’s instance and expense, as alleged hereinabove. Weston’s understanding 20 and recollection was that any expense incurred by defendant in doing so was 21 factored into the purchase price paid by defendant pursuant to the Contract, so that 22 any cost to defendant in reducing the balance of Weston’s concept to tangible form 23 was ultimately borne by Weston. Thus, Weston’s concept was reduced to tangible 24 form initially by him in his oaktag presentation and, subsequently, at his direction, 25 instance and expense, by defendant. 26 11. During 1964, having received the foregoing grant from Weston, 27 defendant registered the copyright in Weston’s Outfitted Action Figures, including, 28 as the copyrighted material, the figures themselves and also the uniforms, insignias, 93166-00002/2374034.1 4 COMPLAINT FOR DECLARATORY RELIEF 1900 Avenue of the Stars, 21st Floor Los Angeles, California 90067-4590 GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP !aaassseee      222:::111555-­-­-cccvvv-­-­-000777222444444-­-­-DDDMMMGGG-­-­-JJJ!                  DDDooocccuuummmeeennnttt      111                  FFFiiillleeeddd      000999///111555///111555                  PPPaaagggeee      555      ooofff      777                  PPPaaagggeee      IIIDDD      ###:::555 1 emblems and equipment they wore and carried. Since 1964, acting pursuant to the 2 grant from Weston in the Contract, defendant has successfully made and marketed, 3 under the trade name “G.I. Joe,” Weston’s Outfitted Action Figures wearing and 4 carrying their miniaturized uniforms, insignia, emblems and equipment, all as 5 conceived by Weston and reduced to tangible form by him and by defendant at 6 Weston’s direction, instance and expense. From time to time since 1964, defendant 7 has made some changes in the size and appearance of the Outfitted Action Figures 8 marketed as “G.I. Joe,” creating derivative works based on the original copyright 9 and copyright interests granted from Weston to defendant. But, at all times, the 10 Outfitted Action Figures marketed as “G.I. Joe” remained substantially similar to 11 the Outfitted Action Figures created by Weston, the copyright and copyright 12 interests in which were granted by Weston to defendant in 1964 pursuant to the 13 Contract, so that, if third parties tried to market such figures, even with the changes 14 defendant subsequently made, they would have infringed the original copyright and 15 copyright interests granted by Weston to defendant in 1964. 16 12. On January 8, 2015, Weston served on Hasbro, by first class mail from 17 Los Angeles, the written Notice of Termination, a copy of which is attached hereto 18 as Exhibit “A” and incorporated by reference herein, stating that, upon expiration of 19 the statutory period, Weston’s transfer of renewal copyrights and all of defendant’s 20 copyrights and copyright interests in and to the Outfitted Action Figures, including 21 the miniaturized uniforms, insignias, emblems and equipment worn and carried by 22 such figures would terminate, pursuant to 17 U.S.C. § 304(c), as of February 29, 23 2020. Plaintiff is informed and believes and, on that ground, alleges that the value 24 of the copyright interests transferred to defendant by Weston in 1964, which 25 Weston seeks, by his notice, to recapture, exceeds $100 million. 26 13. By reason of the foregoing facts, an actual controversy exists between 27 the parties. Weston, who is 82 years old, contends that his Notice of Termination is 28 valid and effective and that, in five years, when the statutory period expires, the 93166-00002/2374034.1 5 COMPLAINT FOR DECLARATORY RELIEF 1900 Avenue of the Stars, 21st Floor Los Angeles, California 90067-4590 GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP !aaassseee      222:::111555-­-­-cccvvv-­-­-000777222444444-­-­-DDDMMMGGG-­-­-JJJ!                  DDDooocccuuummmeeennnttt      111                  FFFiiillleeeddd      000999///111555///111555                  PPPaaagggeee      666      ooofff      777                  PPPaaagggeee      IIIDDD      ###:::666 1 transfer of copyright and copyright interests in the Outfitted Action Figures wearing 2 and carrying their miniaturized uniforms, insignias, emblems and equipment by 3 Weston to defendant in 1964 will terminate, and all copyright and copyright 4 interests therein will revert to Weston or his heirs or representatives. Weston is 5 informed and believes and, on that ground, alleges, based on communications from 6 defendant to Weston in California, that defendant denies that Weston has any such 7 termination right and claims that, even on expiration of the statutory period, 8 defendant will remain the sole owner of all copyright interests in and to the 9 Outfitted Action Figures defendant has been marketing for decades as “G.I. Joe.” 10 11 A declaration by this Court is necessary so that the parties can know their respective rights and obligations. 12 WHEREFORE, plaintiff prays judgment as follows: 13 1. For a declaration that plaintiffs’ notice attached to the Complaint as 14 Exhibit “A” is valid and effective and that, as of February 29, 2020, all of 15 defendant’s copyrights and copyright interests in and to the Outfitted Action 16 Figures marketed by defendants as “G.I. Joe,” wearing and carrying their 17 miniaturized uniforms, insignias, emblems and equipment, will be terminated and 18 will revert to plaintiff or his heirs or representatives; and 19 2. For costs of suit and such other relief as the Court shall deem proper. 20 21 DATED: September 15, 2015 22 GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP 23 By: /s/ Bertram Fields BERTRAM FIELDS (SBN 024199) Attorneys for Plaintiff Stanley A. Weston 24 25 26 27 28 93166-00002/2374034.1 6 COMPLAINT FOR DECLARATORY RELIEF !aaassseee      222:::111555-­-­-cccvvv-­-­-000777222444444-­-­-DDDMMMGGG-­-­-JJJ!                  DDDooocccuuummmeeennnttt      111                  FFFiiillleeeddd      000999///111555///111555                  PPPaaagggeee      777      ooofff      777                  PPPaaagggeee      IIIDDD      ###:::777 1 2 3 DEMAND FOR JURY TRIAL Pursuant to Federal Rule of Civil Procedure 38, plaintiff demands a trial by jury on all issues so triable. 4 5 DATED: September 15, 2015 6 GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP 7 By: /s/ Bertram Fields BERTRAM FIELDS (SBN 024199) Attorneys for Plaintiff Stanley A. Weston 8 1900 Avenue of the Stars, 21st Floor Los Angeles, California 90067-4590 GREENBERG GLUSKER FIELDS CLAMAN & MACHTINGER LLP 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 93166-00002/2374034.1 7 COMPLAINT FOR DECLARATORY RELIEF