Stipulated Walk-Away Dismissal In Lawsuit Re Animated Hit “Madagascar” (2010)

July 1, 2010

LP&S represented DreamWorks Animation and other creators of the film Madagascar in a lawsuit in the Southern District of Florida involving claims of copyright infringement and state law claims for breach of implied contract, constructive fraud, unjust enrichment, and quasi-contract.  After vigorous pretrial litigation and discovery, LP&S filed a motion for summary judgment showing that the Madagascar creators never saw the plaintiff's work and that the two works were similar only as to legally unprotected ideas.  Days before the hearing on the motion, the plaintiff dropped his lawsuit in exchange only for a promise by defendants not to seek attorneys’ fees.