Case 1:17-cv-03360-RWS Document 18 Filed 06/14/17 Page 1 of 20

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
x
RONNIE VAN ZANT, INC., GARY R. ROSSINGTON,
JOHNNY VAN ZANT, BARBARA HOUSTON, as the
Trustee of the ALLEN COLLINS TRUST, and ALICIA
RAPP and CORINNA GAINES BIEMILLER, as the
Personal Representatives of the Estate of STEVEN
GAINES,

Civ.

Plaintiffs,
- against ARTIMUS PYLE (a/k/a THOMAS D. PYLE),
: COMPLAINT
CLEOPATRA RECORDS, INC., CLEOPATRA FILMS, a:
division of CLEOPATRA RECORDS, INC., JOHN DOE, :
JANE DOE, XYZ CORPORATION, and XYZ LLC (the :
names of the last four defendants being fictitious and
unknown to plaintiffs, and intended to designate persons or :
entities that have or may have a role in the production and :
:
distribution of the Motion Picture complained of in the
Complaint herein),
Defendants.
x
Plaintiffs Ronnie Van Zant, Inc., Gary R. Rossington, Johnny Van Zant, Barbara
Houston, as the Trustee of the Allen Collins Trust, and Alicia Rapp and Corinna Gaines
Biemiller, as the Personal Representatives of the Estate of Steven Gaines, as and for their
Complaint herein, respectfully allege as follows:
NATURE OF THE CASE
1.

This is an action brought by Plaintiffs, surviving and deceased members (or the

legal representatives thereof) of the legendary 1970's rock band Lynyrd Skynyrd, to enjoin the
breach of a Consent Order, Judgment and Decree entered by this Court on October 11, 1988 (88
Civ. 3192 RWS) (the "Consent Order") stemming from the Defendants' actual or proposed
production, distribution, and/or display of a motion picture entitled "Street Survivors: The True
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Story of the Lynyrd Skynyrd Plane Crash" (the "Motion Picture"), in contravention of the plain
and unambiguous terms of the Consent Order. The terms of the Consent Order are sealed and
nonpublic as provided by Paragraph 35 thereof. A copy is annexed hereto as Exhibit A.
THE PARTIES
2.

Plaintiff Ronnie Van Zant, Inc. ("RVZI") is a corporation organized and existing

under the laws of the State of Florida. Pursuant to an Order of the Florida Fourth Judicial Circuit
Court, Probate Division, dated August 24, 2000, all assets and rights of the Estate of Ronald Van
Zant ("Ronnie's Estate") were distributed to, and are owned by, RVZI. Judith Van Zant Jenness
("Jenness") is the widow of Ronald Van Zant ("Ronnie"), was the Personal Representative of
Ronnie's Estate, and is the President of RVZI. Ronnie was a founding member, lead singer, and
principal songwriter of the iconic 1970's band Lynyrd Skynyrd, who, along with several
bandmates and others, was killed in a tragic plane crash in 1977.
3.

Plaintiff Gary R. Rossington ("Rossington") was a founding member, lead

guitarist, and a songwriter of Lynyrd Skynyrd, who continues to create music and perform with
other surviving members of Lynyrd Skynyrd to this day.
4.

Plaintiff Johnny Van Zant is the brother of the late Ronnie and currently creates

music and performs with surviving members of Lynyrd Skynyrd.
5.

Plaintiff Barbara Houston is the Trustee of the Allen Collins Trust. Allen Collins

("Collins") was a founding member, lead guitarist, and songwriter of Lynyrd Skynyrd, who
passed away in 1990 and is an intended beneficiary of the Consent Order.
6.

Plaintiffs Alicia Rapp and Corinna Gaines Biemiller are the Personal

Representatives of the Estate of Steven Gaines ("Gaines"). Gaines was a guitarist, vocalist, and

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songwriter of Lynyrd Skynyrd, who, along with several bandmates and others, was killed in the
plane crash.
7.

Defendant Artimus Pyle (a/k/a Thomas D. Pyle) ("Pyle") was a one-time member

of Lynyrd Skynyrd and a survivor of the plane crash.
8.

Upon information and belief, Defendant Cleopatra Records, Inc. ("Cleopatra

Records") is a corporation organized and existing under the laws of the State of California that is
working in concert and participation with Pyle in connection with, among other things, producing,
distributing, and/or displaying the Motion Picture.
9.

Upon information and belief, defendant Cleopatra Films is a division of Cleopatra

Records (with Cleopatra Records, "Cleopatra," and together with Pyle and other named but
unknown defendants, the "Defendants") and is working in concert or participation with Pyle in
connection with, among other things, producing, distributing, and/or displaying the Motion
Picture.
10.

The last four named Defendants in the caption of this action are Defendants

whose names are fictitious and unknown to Plaintiffs and represent persons or entities that have
or may have a role in the production, distribution, and/or display of the Motion Picture.
VENUE AND JURISDICTION
11.

Venue is proper in this District pursuant to 28 U.S.C. § 1391(b)(2) because a

substantial part of the events or omissions giving rise to the claims occurred within this District,
in that this Court entered the Consent Order, the violations of which are the subject matter of this
action.
12.

This Court has jurisdiction to hear this matter pursuant to 28 U.S.C. § 1331

having had federal question jurisdiction over the underlying action (which included claims under

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the Lanham Act, 15 U.S.C. § 1051, et seq.) in which the Consent Order (to which Pyle is a
signatory) was entered, the violations of which are the subject matter of this action.
13.

In the Consent Order (at ¶ 33), this Court specifically retained jurisdiction over

the action and the parties for the purpose of enforcing the provisions thereof.
14.

Cleopatra is subject to this Court's jurisdiction because: (a) Paragraph 1 of the

Consent Order applies the injunction provided thereby to both the signatories thereto and "all
others in concert or in participation with them," which broad language includes Cleopatra; (b)
Paragraph 26 of the Consent Order requires Pyle to notify and advise parties he is working with,
such as Cleopatra, of the terms of the Consent Order and, even if Pyle failed to do so before
commencing work on the Motion Picture, Cleopatra was on notice of the Consent Order and its
restrictions immediately following receipt of a cease and desist letter; (c) the Motion Picture will
inevitably be distributed and shown in New York; and (d) the Court has inherent authority to
enforce its own orders, including the Consent Order.
FACTUAL BACKGROUND
Lynyrd Skynyrd

15.

Lynyrd Skynyrd was an American rock band formed in Jacksonville, Florida in

1964. Lynyrd Skynyrd gained worldwide popularity and acclaim in the 1970's, with hits like
"Sweet Home Alabama" and "Free Bird" that rose to the top of music charts worldwide. Lynyrd
Skynyrd was inducted into the Rock and Roll Hall of Fame in 2006.
16.

Ronnie, Rossington, and Collins were founding members of, and songwriters for,

Lynyrd Skynyrd. Ronnie was the lead vocalist, and Rossington and Collins were the lead
guitarists.

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17.

Following the band's founding, additional band members were added. The

members of Lynyrd Skynyrd, as it existed in 1977 prior to the crash, included, as relevant for the
purposes of this action, Ronnie, Rossington, Collins, Gaines, Pyle, and backup vocalists,
including Gaines' sister, Cassie Gaines.
18.

Defendant Pyle was not an original member of Lynyrd Skynyrd but was the

band's drummer at the time of the crash.
19.

By 1977, the band had released six record albums, which sold many millions of

copies in the United States and worldwide.
20.

One of these albums, named "Street Survivors," was released just three days

before the plane crash, while the band was on tour across the country.
The Plane Crash

21.

On October 20, 1977, at the height of the band's popularity, Lynyrd Skynyrd was

en route from a show in Greensville, South Carolina to a show in Baton Rouge, Louisiana when
its chartered plane ran out of fuel and crashed in Mississippi. Ronnie, Gaines, Cassie Gaines, the
band's assistant road manager, the pilot, and the co-pilot all died in the crash. Twenty others
survived, including Pyle.
22.

Following the crash, the band went on a ten-year hiatus.

23.

As previously found by this Court, the hiatus was the result of a "blood oath" that

certain of the band members and widows of other band members had taken "never to use the
name Lynyrd Skynyrd again in an effort not to capitalize on the tragedy that had befallen the
group," which oath was observed by all concerned for ten years.

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24.

Throughout those ten years, Jenness was solicited repeatedly by various book and

film producers to consent to and sell the rights to projects regarding Ronnie's life and death, but
she rejected each of those proposals.
The 1988 Action
25.

In 1987, the surviving members of the band reunited and organized a new band

(the "87-88 Band") for a tribute tour to Lynyrd Skynyrd (the "Tribute Tour").
26.

Disputes arose between certain of the Plaintiffs and the 87-88 Band concerning

the Tribute Tour and a subsequent tour, leading to litigation in this Court (the "1988 Action").
The 1988 Action, styled Grondin et ano. v. Rossington et al., Case No. 88 Civ. 3192 (RWS),
sought to enjoin the 87-88 Band from performing under the name "Lynyrd Skynyrd" and to
enjoin the 87-88 Band's record company from marketing an album produced from the
performances on the Tribute Tour. (At the time of the 1988 Action, Jenness was acting in her
former capacity as the Personal Representative of Ronnie's Estate and was using her prior
surname, Grondin.)
27.

Pyle was a defendant in the 1988 Action.

28.

In an opinion dated June 9, 1988 (and amended June 14, 1988), reported at 690 F.

Supp. 200 (S.D.N.Y. 1988) (Sweet, J.) (the "1988 Opinion"), the Court granted the requested
relief with respect to the album. Finding a likelihood that the album cover's prominent "Lynyrd
Skynyrd Live" logo and additional reference to the "Lynyrd Skynyrd Tribute Tour 1987" would
confuse consumers as to the source of the album, the Court required the record company to affix
a label to the album cover explicitly conveying that the recording was of the reorganized 87-88
Band and not of Lynyrd Skynyrd. In addition, while declining to preliminarily enjoin the 1988
tour that was already underway, the Court, after a multi-day evidentiary hearing, made specific

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findings on the injunction motion supporting the likelihood of success on the merits, and found
that potential concert-goers would be confused and that damages would be incalculable. This
Court held:
In this case, Grondin has established irreparable injury and will
probably succeed on the merits. She thus may win permanent
injunctive relief...
Indeed, if in this case confusion or a valid contract can be shown,
irreparable injury follows. The number of consumers who would
attend a concert of 87-88 Lynyrd Skynyrd and thereafter would be
less inclined to purchase previously released Lynyrd Skynyrd
albums is incalculable. Also incalculable is the number of
consumers who would purchase the Live album under the
impression they were purchasing previously released material or
who would be less inclined to purchase old Lynyrd Skynyrd
materials based on their impression of the Live album.
Additionally, to the extent Grondin entered into a contract
motivated by the desire to preserve her husband's memory, her
emotional damages are difficult to quantify. A review of the
merits clarifies the issues of injury.
1988 Opinion, 690 F. Supp. at 204.
The Consent Order

29.

Following the Court's 1988 Opinion, the parties to the 1988 Action, including

certain of the Plaintiffs and Pyle, engaged in protracted settlement negotiations, culminating in
the 31-page (exclusive of exhibits) Consent Order, which this Court entered as an Order on
October 11, 1988.
30.

Pyle was a signatory to the Consent Order.

31.

Although Pyle purported to sign the Consent Order "Under Protest," (a) his

"Under Protest" notation is of no legal import, and (b) he later expressly reaffirmed and agreed
to be bound by the Consent Order in a Mutual Release, Settlement and Termination Agreement
dated as of August 3, 1991.

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32.

The Consent Order imposed severe, and sharply defined, restrictions on the

parties' (including Pyle's) use of the name "Lynyrd Skynyrd" and the right to tell the story of
Lynyrd Skynyrd, including the right to participate in the making of a theatrical motion picture.
33.

As is pertinent for purposes of this action, the Consent Order permanently

restrains and enjoins the defendants in the 1988 Action (collectively, with the exception of MCA
Records, Inc., the "1988 Defendants"), including Defendant Pyle, "and all corporations owned or
controlled by any of [them], and all agents, attorneys, employees, officers, directors, successors,
assigns, and all others in concert or participation with them" from, inter alia:
• "[u]sing or purporting to authorize use of the name `Lynyrd Skynyrd' or any logos, trade
or service marks associated with the name `Lynyrd Skynyrd', in the entertainment
industry or otherwise, except as specifically authorized [t]herein," and
• "[u]sing the name, likeness, portrait, picture, performances or biographical material of
Ronnie Van Zant (Wan Zant') or Steven Gaines (`Gaines') for any purpose whatsoever,
except as specifically authorized [t]herein...."
(Consent Order, ¶ 1(ii)-(iii)(emphasis added).)
34.

While the Consent Order permits each of the individual defendants and the

plaintiffs in the 1988 Action to exploit his (or the applirnhle, decedent's) own respective life
story in any manner or medium without obligation, financial or otherwise, to any other party
thereto, such authorization is expressly subject to an important proviso:
[N]o such exploitation of life story rights is authorized which
purports to be a history of the "Lynyrd Skynyrd" band, as opposed
to the life story of the applicable individual.
(Consent Order, ¶ 3.)

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35.

Moreover, because Ronnie, Rossington, and Collins were the founders and the

heart of Lynyrd Skynyrd, the Consent Order expressly provides that any use of the history of the
Lynyrd Skynyrd band "in whole or in part" requires the prior written approval of Ronnie's Estate
(of which RVZI is the successor), Rossington, and Collins (or his estate or other legal
representative, i.e., the Allen Collins Trust):
There shall be no exploitation in whole or in part of the history of
the Lynyrd Skynyrd band without the prior written approval of
Rossington, Collins and Ronnie's Estate. ...
(Consent Order, ¶ 4.)
36.

RVZI, Rossington, and the Allen Collins Trust have never consented to Pyle's

exploiting of the history of Lynyrd Skynyrd, in whole or in part.
37.

The Consent Order further prohibits any of the 1988 Defendants from making

"any use of the name, likeness, portrait, picture, or biographical material of Van Zant or of
Gaines" except pursuant to certain conditions enumerated in the Consent Order, none of which
applies here. (Consent Order, ¶ 5.)
38.

The Consent Order (at ¶ 24) provides that no party has rights and entitlements in

or to the name "Lynyrd Skynyrd" other than as expressly set forth in the Consent Order:
The rights and entitlements of all of the parties hereto in and to the
name "Lynyrd Skynyrd" as among themselves shall henceforth be
only those rights and entitlements expressly set forth herein,
notwithstanding any and all prior oral and written agreements in
such connection. No party shall have the right to utilize the name
"Lynyrd Skynyrd" except as specifically permitted herein, and any
unauthorized use, by any party, shall be deemed a breach of this
Order.
(Consent Order, ¶ 24.)
39.

Furthermore, under the Consent Order, the 1988 Defendants (again, including

Pyle) agreed to "notify and advise all of their present and future managers, booking agents,
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attorneys, promoters, publicists, related record and merchandising companies, all distributors,
and all other agents and representatives of the terms [t]hereof, insofar as such define the
authorized and permitted uses of the words `Lynyrd Skynyrd.' ..." (Consent Order, ¶ 26.)
40.

The Consent Order (at ¶ 26) further requires the 1988 Defendants (including Pyle)

to immediately notify (i) the plaintiffs in the 1988 Action of any third party's failure to comply
with the terms of the Consent Order and (ii) such third party of the applicable terms of the
Consent Order and demand prompt compliance therewith. (Id.)
41.

Paragraph 26 of the Consent Order further provides: "In no event shall the [1988

Defendants] implicitly or through inaction authorize the violation of the terms [t]hereof by any
third party." (Id.)
42.

Under the Consent Order (at ¶ 33), this Court retained jurisdiction over the 1988

Action and over the parties for the purpose of enforcing the Consent Order's terms.
43.

The Consent Order (at ¶ 34) provides for the award of attorneys' fees to the

prevailing party in any proceeding brought to enforce its terms and conditions.
44.

Thus, while Pyle is free to exploit his own personal life story, he may not use the

name or history of Lynyrd Skynyrd or the name, likeness, portrait, picture, performances or
biographical material of Ronnie or of Gaines except as specifically set forth in the Consent
Order. (Consent Order, at ¶J i(ii)-(iii) and 3-5, 24.)
45.

Further, while Cleopatra is free to make a movie concerning Lynyrd Skynyrd

subject to acquiring any necessary rights, it may not make a movie co-written by Pyle that
violates the Consent Order nor continue its efforts to bring such movie to fruition despite its
knowledge of the violations.

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Pyle's Exit From the Band
46.

Subsequent to 1988, surviving members of Lynyrd Skynyrd and others continued

to perform together, including certain of the Plaintiffs and Pyle.
47.

Disputes soon arose between Pyle and the other members of the band, and Pyle

abruptly left the band during a show in Toronto on August 2, 1991.
48.

Pyle and others signed a "Mutual Release, Settlement and Termination

Agreement" (the "Termination Agreement") effective as of August 2, 1991 to memorialize
Pyle's exit from the band.
49.

In Paragraph 1 of the Termination Agreement, Pyle "expressly reaffirm[ed] and

agree[d] to be bound by existing agreements...to which Pyle is a signatory," specifically
including the Consent Order (enumerated in subsection (c) of Paragraph 1).
50.

According to publicly available information, since his termination from the band,

Pyle has had run-ins with the law. Specifically, in 1993, Pyle pleaded guilty to charges of
attempted capital sexual battery and to lewdly fondling, assaulting or simulating sexual acts on
two female children, ages 4 and 8, requiring him to register as a convicted sex offender. He is
currently registered as a convicted sex offender.
51.

As noted herein, unless they are stopped by this Court, the Defendants' violations

of the Consent Order will dilute the marketplace for a film about Lynyrd Skynyrd made
consistent with the terms of the Consent Order (which Plaintiffs are in the process of developing
and for which a producer has been selected), defeat the Plaintiffs' right to use productively and
lawfully the name and history of Lynyrd Skynyrd and the name, likeness, portrait, picture,
performances or biographical material of Ronnie or of Gaines, and harm the Lynyrd Skynyrd
name, brand, and reputation, each of which constitutes irreparable harm. Moreover, given Pyle's

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sordid criminal history, any project created and promoted by Pyle without authorization which
uses the name "Lynyrd Skynyrd" and purports to tell the history of Lynyrd Skynyrd, in whole or
in part, including the film in issue, would only further exacerbate the risk of irreparable harm to
the Lynyrd Skynyrd name, brand, and reputation.
The Cease and Desist Correspondence
52.

In July 2016, it came to Plaintiffs' attention through the press that Pyle and

Cleopatra, with which Pyle is apparently associated, intended to produce a theatrical motion
picture then reported as being entitled "Free Bird," the same title as Lynyrd Skynyrd's hit song.
53.

Immediately upon hearing of this, counsel delivered a cease and desist letter to

Cleopatra on behalf of Lynyrd Skynyrd and certain of the Plaintiffs in the instant action (the
"Cease and Desist Letter").
54.

In the Cease and Desist Letter, counsel recounted the circumstances under which

the prospective motion picture came to Plaintiffs' attention, and advised that it would violate the
terms of the Consent Order. Counsel made clear that Cleopatra was not authorized to make a
film with Pyle which either purports to be or is about the history of Lynyrd Skynyrd, in whole or
in part; to use the name, likeness, portrait, picture or biological material of Ronnie, Rossington,
or Gaines in any manner; and to use "Free Bird" as a title of any motion picture, including one
which is purportedly Pyle's story. The Cease and Desist Letter stated that "if [Cleopatra]
furnish[es] to us a copy of the proposed screenplay and it proves the film is in fact the Artimus
Pyle story and is in no way a history of the Band, that it does not violate the terms and conditions
of the Consent Decree, and further that the Motion Picture is re-titled, our clients may be willing
to reevaluate their position."

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55.

In response, counsel for Cleopatra claimed that Cleopatra did not have a copy of

the Consent Order and that Pyle no longer had a copy.
56.

In light of the Consent Order's status as a sealed document, counsel sent Pyle a

copy of the Consent Order at the address that Cleopatra's counsel provided, "c/o Cleopatra
Records, Inc."
57.

As noted above, Pyle was not only authorized, but required, to notify and advise

those with whom he works, such as Cleopatra, of the restrictions and requirements of the
Consent Order and demand prompt compliance with all such terms (see Consent Order, at ¶ 26).
58.

Thereafter, Plaintiffs heard nothing further from the Defendants, including no

response to counsel's request that they provide a copy of the proposed screenplay.
59.

Plaintiffs also did not come across any further press articles or other information

concerning the prospective film. Accordingly, Plaintiffs believed that Cleopatra obtained the
Consent Order from Pyle and recognized the impropriety of Pyle's prospective project, and
Plaintiffs therefore believed the matter to be closed because the Defendants had abandoned or at
least sufficiently modified the prospective motion picture to comply with the Consent Order.
Recent Discovery By Plaintiffs of the Defendants' Plans
60.

On April 26, 2017, however, Plaintiffs learned through the press that the

Defendants are about to proceed to start filming a motion picture — billed as a "Lynyrd Skynyrd
1977 Plane Crash Biopic" — entitled "Street Survivors: The True Story of the Lynyrd Skynyrd
Plane Crash" (the Motion Picture) and they are publicizing it to be exactly the type of film which
the Consent Order prohibits. Moreover, according to that same article, actors have apparently
been hired for the biographical roles of Ronnie, Gaines and other members of the band, in further
violation of the Consent Order.

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61.

According to other articles and press reports published in recent days, the Motion

Picture is based on a screenplay written by the film's director, Jared Cohen, based on
"painstakingly" detailed interviews with Pyle. IMDb, the "Internet Movie Database," lists Pyle
and Cohen as co-writers.
62.

Pyle continues to promote the Motion Picture in the press as "a good movie that

tells a very passionate, intimate story about the music and the band and a rise and fall that
happened so suddenly."
63.

He has stated that he wants the Motion Picture "to portray my band members the

way they were: real, funny people who loved music, loved the success that allowed us to be able
to travel the world and play for kings and queens all over this planet."
64.

According to Pyle, the Motion Picture is "for the fans of Skynyrd, and for people

who'll become fans after they see it."
65.

That type of film would do far more than just tell the story of Pyle's life. To the

contrary, it would violate the clear prohibitions of the Consent Order, including the express
prohibitions on the use of the name and history of Lynyrd Skynyrd (at In 1(ii) and 3-4, 24) and
the name, likeness, portrait, picture, performances or biographical material of Ronnie or of
Gaines (at ¶IJ 1(iii) and 5) except as specifically set forth in the Consent Order.
66.

Indeed, Pyle implicitly acknowledges that his actions and those of the other

Defendants violate the Consent Order. Specifically, Pyle declared in the press: "I'm grateful
that Cleopatra is stepping up the way it has, when nobody else was willing to go against the
powers that be, to get this story told."
67.

Apparently, the "powers that be" include this Court, because it is this Court's

Consent Order that governs and prohibits him from doing precisely what he is doing. Such a

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statement is both (a) an acknowledgment by Pyle of the constraints that the Consent Order places
upon him and those working in concert with him to co-write a screenplay for and produce a film
about the history of the band, and (b) an admission that Pyle and Cleopatra's conduct constitutes
a willful and knowing violation of the Consent Order.
This Action

68.

The Plaintiffs now bring this action to enforce the terms of the Consent Order and

to enjoin the violation of its terms.
69.

If filming does not cease, and if the Motion Picture is completed and distributed,

it will dilute the marketplace for a film about Lynyrd Skynyrd made consistent with the terms of
the Consent Order (in contrast to Defendants' prospective film, which may contain a potentially
inaccurate or skewed portrayal of Lynyrd Skynyrd's story as filtered solely through the eyes of
Pyle masquerading as the "True Story" of a defining moment in the band's history), destroy the
Plaintiffs' right to use productively and lawfully the name and history of Lynyrd Skynyrd and
the name, likeness, portrait, picture, performances or biographical material of Ronnie or of
Gaines in an authorized manner consistent with Paragraphs 3, 4, and 5 of the Consent Order
(which they are actively pursuing and for which a producer has been selected), and harm the
Lynyrd Skynyrd name, brand, and reputation.
70.

The loss that such a violation of the Plaintiffs' rights under the Consent Order

would cause is incalculable and constitutes irreparable harm.
71.

In short, the Consent Order contains the following provisions, each of which Pyle

(in concert and participation with Cleopatra) is violating:
• permanently restrains and enjoins Pyle and "all corporations owned or controlled
by [him] and all agents, attorneys, employees, officers, directors, successors,
assigns, and all others in concert or participation with them" from, inter alia:

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o "[u]sing or purporting to authorize use of the name `Lynyrd Skynyrd' or any
logos, trade or service marks associated with the name `Lynyrd Skynyrd', in
the entertainment industry or otherwise, except as specifically authorized
[t]herein," and
o "[u]sing the name, likeness, portrait, picture, performances or biographical
material of Ronnie Van Zant (Wan Zant') or Steven Gaines (`Gaines') for any
purpose whatsoever, except as specifically authorized [t]herein...."
(Consent Order, ¶ 1(ii)-(iii) (emphasis added);
• provides that "no [] exploitation of life story rights [as permitted therein] is
authorized which purports to be a history of the `Lynyrd Skynyrd' band, as
opposed to the life story of the applicable individual" (Id., ¶ 3);
•

provides that "[t]here shall be no exploitation in whole or in part of the history of
the Lynyrd Skynyrd band without the prior written approval of Rossington,
Collins and Ronnie's Estate," which approval was not obtained here (Id., ¶ 4);

• prohibits Pyle from making "any use of the name, likeness, portrait, picture, or
biographical material of Van Zant or of Gaines" except pursuant to certain
conditions enumerated in the Consent Order, none of which applies here (Id., ¶ 5);
• provides that "[n]o party shall have the right to utilize the name `Lynyrd Skynyrd'
except as specifically permitted [t]herein, and any unauthorized use, by any party,
shall be deemed to be a breach of this Order" (Id., ¶ 24);
•

requires Pyle to "notify and advise all of [his] present and future managers,
booking agents, attorneys, promoters, publicists, related record and merchandising
companies, all distributors, and all other agents and representatives of the terms
[t]hereof, insofar as such define the authorized and permitted uses of the words
`Lynyrd Skynyrd'" (Id., ¶ 26);

•

requires Pyle, upon learning of any failure by a third party to comply with the
terms of the Consent Order, to immediately notify (a) the plaintiffs in the 1988
Action, including certain Plaintiffs herein, of such failure, and (b) such third party
of the applicable terms of the Consent Order and demand compliance with all
such terms (Id.); and

• provides that "[i]n no event shall [Pyle] implicitly or through inaction authorize
the violation of the terms [t]hereof by any third party." (Id.)
72.

By reason of the foregoing, this Court should not condone such a flagrant flouting

of the Consent Order and should grant the relief Plaintiffs request.

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FIRST CAUSE OF ACTION
(Permanent Injunction)
73.

Plaintiffs repeat each of the allegations set forth in paragraphs 1 through 72 above

as though fully set forth herein.
74.

The Consent Order memorialized the settlement of the 1988 Action and was

entered as a Consent Order, Judgment, and Decree of this Court.
75.

Pyle was a signatory to the Consent Order, which he entered into with the advice

of counsel and expressly reaffirmed in a subsequent signed agreement.
76.

As such, Pyle was aware of the terms and conditions of the Consent Order and his

need to comply therewith.
77.

Despite the forgoing, upon information and belief, Pyle, in concert and

participation with Cleopatra, has knowingly and purposefully violated numerous terms and
conditions of the Consent Order, including, but not limited to, Paragraphs 1(ii) and (iii), 3, 4, 5,
24, and 26.
78.

The Defendants' conduct as set forth herein would contravene the Consent Order

and cause irreparable and incalculable damage to the Lynyrd Skynyrd name, brand, and
reputation, confuse the public, dilute the marketplace for films about Lynyrd Skynyrd's history,
including the authorized film that Plaintiffs are actively pursuing, and defeat the Plaintiffs' rights
set forth in the Consent Order.
79.

Money damages are inadequate to compensate the Plaintiffs for the irreparable

harm the Defendants' conduct would cause because the damages are incalculable.
80.

The threatened irreparable injury to Plaintiffs is actual and imminent: according

to published reports, the Motion Picture is about to be or is currently in the filming stage, with
the main cast set and retained (including actors to portray Ronnie and Rossington).
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81.

The balance of the hardships tips decidedly in the Plaintiffs' favor because the

Plaintiffs seek to enforce the agreement that they and Pyle bargained for to end the 1988 Action,
which agreement was memorialized, and approved by this Court in the Consent Order, while
Defendants seek to flout it.
82.

By reason of the foregoing, the Defendants, jointly and severally, and all

corporations and entities owned or controlled by them, and all agents, attorneys, employees,
officers, directors, successors, assigns, and all others in concert or participation with them, should
be permanently enjoined from producing, distributing and/or displaying the Motion Picture or
any motion picture that exploits in whole or in part the history of Lynyrd Skynyrd or makes use
of the name "Lynyrd Skynyrd" or the name, likeness, portrait, picture, performances or
biographical material of Ronald Van Zant or of Steven Gaines in any manner or medium,
including, without limitation, in theatrical feature or television motion pictures or streaming
services, or engaging in any other act in violation of the terms of the Consent Order.
SECOND CAUSE OF ACTION
(Attorneys' Fees)
83.

Plaintiffs repeat each of the allegations set forth in paragraphs 1 through 82 above

as though fully set forth herein.
84.

Paragraph 34 of the Consent Order provides that lamn amount equal to actual and

reasonable attorneys fees shall be awarded to the prevailing party in any proceeding brought to
enforce the terms and conditions of this Order."
85.

Due to the actions of the Defendants, the Plaintiffs were compelled to initiate this

proceeding in order to enforce the terms and conditions of the Consent Order, and incurred
attorneys' fees in connection with their prosecution of this action.

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86.

As a result, and pursuant to Paragraph 34 of the Consent Order, the Plaintiffs are

entitled to payment by the Defendants of the Plaintiffs' actual and reasonable attorneys' fees in
this action, in an amount to be determined.
PRAYER FOR RELIEF
WHEREFORE, Plaintiffs seek the entry of judgment against the Defendants as follows:
(A)

on the First Cause of Action, permanently enjoining all Defendants, jointly and

severally, and all corporations and entities owned or controlled by them, and all agents, attorneys,
employees, officers, directors, successors, assigns, and all others in concert or participation with
them, from producing, distributing and/or displaying the Motion Picture or any motion picture
that exploits in whole or in part the history of Lynyrd Skynyrd or makes use of the name
"Lynyrd Skynyrd" or the name, likeness, portrait, picture, performances or biographical material
of Ronald Van Zant or of Steven Gaines in any manner or medium, including, without limitation,
in theatrical feature or television motion pictures or streaming services, or engaging in any other
act in violation of the terms of the Consent Order;
(B)

on the Second Cause of Action, awarding Plaintiffs actual and reasonable

attorneys' fees incurred by the Plaintiffs in commencing and maintaining this action to enforce
the terms and conditions of the Consent Order; and

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(C)

awarding such further relief as is just and proper.

Dated: May 5, 2017
OTTERBOUG P.C.
By:
Richard G. Haddad
Sandor Frankel
Pauline McTernan
230 Park Avenue
New York, New York 10169
Tel.: (212) 661-9100
Fax: (212) 682-6104
rhaddad@otterbourg.com
sfrankel@otterbourg.com
pmeternan@otterbourg.com
Attorneys for Plaintiffs

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