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10/30/2013 // West Palm Beach , Florida, US // JusticeNewsFlash // Justice News Flash // (press release)
Washington – A federal appeals court has upheld the dismissal of a lawsuit filed over the 2008 film “Soul Men.” As reported by the Associated Press (AP), U.S. 6th Circuit Court of Appeals upheld the dismissal of the case on Thursday, after legendary singer Sam Moore accused the Weinstein Company and MGM studios of basing the two main characters of the film, played by Samuel L. Jackson and the late Bernie Mac, on him and his deceased former singing partner Dave Prater Jr.
Moore also claimed that his publicity rights had been misappropriated by a CD and DVD insert used in the promotion of the movie and soundtrack.
Judge Deborah L. Cook is quoted by the AP as writing in a 16-page opinion joined by judges John M. Rogers and Gregory Van Tatenhove, “Without a doubt, the movie added significant expressive elements to any purported use of Moore’s identity.”
Cook is further quoted as writing, “Read in context, no reasonable juror would mistake this ‘Soul Men’ reference to Sam & Dave… And, the fact that the soundtrack producers marketed their product to fans of a variety of soul artists, including Sam & Dave, does not suggest otherwise.”
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