Trademark v A&E Moving Slowly

As often happens in litigation, the Trademark Properties lawsuit is moving along slowly.  On July 17, the Court set a number of deadlines:

  • Plaintiffs ID of Expert Witness due by 9/13/2007
  • Defendants ID of Expert Witnesses Due by 10/13/2007
  • Amended Pleadings due by 11/13/2007
  • Discovery due by 11/13/2007
  • Motions due by 12/13/2007
  • Jury Selection Deadline 2/13/2008

The docket doesn’t reflect any filings that designate experts in this case.  Discovery, of course, is not filed with the Court.  It looks as if there won’t be much activity on the case until we start approaching the motions deadline, and it is entirely possible that the parties will seek a new scheduling order at that time.

There have been a few documents filed, dealing with the results of the summary judgment hearing.  They are:

  • TRANSCRIPT of Summary Judgment Motion Hearing held on June 6, 2007 before Judge C. Weston Houck.
  • MOTION for Reconsideration by Departure Films.
  • MOTION for More Definite Statement for Clarification by A&E Television Networks.
  • RESPONSE in Opposition re MOTION for More Definite Statement for Clarification, MOTION for Reconsideration.

26 Comments on “Trademark v A&E Moving Slowly”

  1. Fourpoints says:

    Of course they’re moving slowly. There a huge company with big craploads of money, they’re trying to choke out the little guy.


    The American Legal system…

  2. jfk says:

    funny how richard says he’s such a big success and the biggest real estate dealer ever in the history of the world… but when it comes to A&E and their lawsuit.. he’s just a “little guy”…

  3. Greg says:

    different fish in different ponds.

  4. jfk says:

    well… no… it’s actually “propoganda” for the small minded.

  5. Greg Berry says:

    I guess A&E won as the strong and somewhat verified rumer that The Real Estate Pros has been cancelled. Try asking someone at TMP what the status is.

  6. 11/5 email from Ginger…

    “And yes, to answer one of the common questions, the show is still going strong. We will let you know when the new season starts!”

  7. Ted Newkirk says:

    A recent business week article had a pretty extensive section on Richard as part of a bigger article on the current status of real estate:

    Scoll down to:

    The article gives serious indication of another season:

    “…says Davis, whose show will next track Trademark’s maneuvers in Charleston’s softening real-estate market”.

  8. Shanon says:

    Where is our update? I checked ECF and it appears that a Motion to Compel was filed, as well as an Order denying A&E’s motion for reconsideration. I love the second to last line in the Order where the judge reprimands them.

  9. Justin says:

    So is this blog officially dead…? :-

  10. Ryan says:

    I think Steve said he was busy with his studies and would be posting farther apart.

  11. Holly says:

    Richard is a real estate pro, not a legal pro. Had Richard negotiated many TV deals/contracts, etc, he might have anticipated the possible “traps for the unwary”. The NY “big boys” were home towned by the SC judge. Most states codify their “Statute of Frauds” however so there can be differences between the NY St of Frauds versus the SC version. All state that contracts that cannot be completed within one year must be in writing. In denying the Defendants’ motion for summary judgment, the Court reasoned that the contract could have been completed in one year if the TV show failed to attract the requiste number of viewers.

    It seems to me that Richard’s attorney should have raised the issue of the “unequal bargaining power of the parties”… meaning this is his first TV show, and A and E are professionals with a staff of attorneys who routinely draft these types of contracts.

  12. Ware Cornell says:

    The court has denied the defendants’ motion to reconsider the order denying summary judgment. this occurred on December 19, 2007.

    The case is to be ready for trial on April 28th.

  13. Spartan says:

    “Unequal baragaining power” is rarely valid in any context. It is certainly not going to be a defense between two competent business people, regardless of whether one is in New York and has lawyers. Otherwise, the courts would be full of people who did not have sense enough to get lawyers. That is not even a close call.

  14. Ware Cornell says:

    The Montelongo indictment is pretty weak. He did not pay a property appraiser $5K. I am pretty sure that nothing will come of it.

  15. sarah says:

    I can’t believe this show is back on the air – or that media outlets picked up the A&E supplied “news” that shows like this are popular! Any update on the lawsuit?

  16. Ware Cornell says:

    I went to PACER to see what if anything has happened. The last record activity was 4/8/08. The transcript of that hearing is posted but I am not able to access it.

    As best I can tell the case is to be ready for trial June 2, 2008. But there is no real pretrial activity. the pretrial stip would normally be due by May 5th. It is not filed.

  17. Joe Joey says:

    What is the status of Real Estate Pros? There are no new episodes?

  18. Casey says:

    It was nice to see reruns of the Real Estate Pro’s during the Memorial Day weekend. I thought TLC was going to have another John & Kate + 8, or a What Not to Wear weekend. Who wants to hear 6 screaming kids?…not me. TLC use to be a good cable channel…now it sucks!

  19. Eric says:

    So what’s the status on the lawsuits?

  20. Ed says:

    What Joe and Casey said.I sure miss your program.I (have a gut) that it will be on again soon,but when??? The re runs over the holiday were great.Checked the TV (local)guide today and nothing scheduled.

  21. Ware Cornell says:

    There is a notice of hearing for a “Bar Meetng” on June 24th in Judge Houck’s Courtroom.

    This must be a local term in Charleston, as I have no idea what it means. My guess is that it is some sort of Pretrial Conference.

  22. anthony says:

    Any chance of this site being updated – at least with a current date stating “No news to report”.

  23. Ware Cornell says:

    Here is the deal.

    As a result of the “Bar Meeting” on June 24, a new scheduling order was entered. It allows the filing of new summary judgment motions through July 10, which is a Sunday. It sets a new trial date on November 3, 2008.

  24. Ware Cornell says:

    On Thursday July 10, A&E filed a motion for partial summary judgment. The motion is sealed so I cannot assess what it is all about. Generally courts do not like successive motions. Trademark’s response is due 7/28.

  25. Ware Cornell says:

    This Thursday a final judgment was entered in favor of Trademark Properties in the amount of $4,043, 686.71, upon a jury verdict returned on Tuesday November 12, 2008.

    Apparently it relates only to Season One.

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