“Happy Days” lawsuit survives motion for summary judgment

Cast of the classic sitcom can continue seeking merchandising money from CBS

The happy days are over, and the disgruntled days are here to stay. Cast members from the hit ’70s sitcom “Happy Days” are suing CBS Broadcasting Inc., which owns the show, over money from merchandise they claim never to have received. The main issue in the case is whether the actors—Marion Ross, Don Most, Anson Williams and Erin Moran, as well as the widow of cast member Tom Bosley—should get royalty payments from “Happy Days” DVDs.

On Tuesday, a judge denied CBS’s motion for summary judgment, allowing the suit to continue. "[The] defendants have not met their initial burden of showing that plaintiffs are not entitled to merchandising royalties for the use of their likeness on DVD sets sold to consumers," the court wrote.

CBS claims that under an agreement with the Screen Actors Guild, it is allowed to reuse photos from “Happy Days” without making additional payments to the actors.

Unless the case is settled, it is scheduled to go to trial on July 17. However, settlement doesn’t seem to be on the table as far as the plaintiffs are concerned. "We didn't come this far to then all of a sudden stop,” cast member Most told CNN. “It was a big victory for us today, so we're prepared to go all the way."

Comments

InsideScoop Daily eNewsletter

InsideScoop delivers the latest-breaking news affecting in-house counsel. Get the latest business trends, current corporate litigation, labor developments, technology initiatives and more — FREE. Sign up now!

You have been subscribed! You will receive a confirmation email soon.

See the entire list of InsideCounsel eNewsletters.

Resource Library


Reduce eDiscovery Costs and Risks through Email Disposition

Read this white paper to learn best practices on determining email retention periods with real...

Prepare for the Eventuality of eDiscovery Now and Reap the...

This report presents an overview of eDiscovery implementation challenges organizations may face as well as...

The Fastest and Most Cost-Effective Document Review Available!

Recommind's Predictive Coding is the market's only solution that allows clients the option of reviewing...

Bring the Benefits of Decision Tree Analysis to Your Everyday...

In this on-demand webinar, learn how to counter the challenges of litigation with predictive analytics...

13 Things to do Now to Reduce Risk and Avoid...

We have developed best practices for lowering your e-Discovery costs, shortening the length of your...

7 Simple Strategies for Improving Legal Fee Budgeting Certainty

Understanding the legal fee budgeting paradigm and following seven simple strategies will help you control...

Complimentary White Paper: Best Practices for Meeting Critical eDiscovery Challenges

Packed with practical advice, this white paper discusses best practices for meeting eDiscovery challenges across...

Complimentary White Paper "Key Considerations for Collection Methodologies and Resources"

This white paper addresses the need for companies to reevaluate their current collection policies in...

Moving Matters In-House: How Technology Enables Legal In-Sourcing

Strategically shifting more matters to in-house counsel has proven to be an effective strategy to...

5 Ways to Promote Responsible Content Sharing

Find out five ways that organizations can promote responsible sharing of content among employees by...

View All »

Advertisement. Closing in 15 seconds.