September 19, 2007
Moses & Singer Successfully Represents Clients in Defeating Claim that Clients Infringed the Copyright and Trademark of a Classic Academy Award Winning Motion Picture.
In an action in the United States District Court for the Southern District of New York concerning the Academy Award Italian motion picture classic "Sciuscia" -- known as "Shoeshine" in English -- Philippe Zimmerman and Scott Silberfein of Moses & Singer successfully defended International Media Films, Inc., Image Entertainment, Inc., and Alfredo Leone against claims of copyright and trademark infringement. After a trial, United States District Judge Richard Berman found that the plaintiff, Dear Cinestudi SpA, an Italian company, "failed to establish its ownership right(s) to the motion picture 'Shoeshine.'" In rendering this decision, the Court concluded that documents that Plaintiff attempted to rely upon were inherently unreliable in light of the false testimony of a witness proferred by Plaintiff and the fact that Defendants, with the assistance of a forensic examiner, conclusively established that certain documents relied upon by Plaintiff had been backdated. Defendants' expert demonstrated that several documents presented to the Court could not have been created at the time reflected on their faces because of their use of typefaces and technology that did not exist as of the dates reflected on the documents. Directed by Vittorio De Sica, "Sciuscia," which was released in 1947, received an honorary Academy Award in 1948 and a nomination for Best Writing, Original Screenplay, that same year.