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Bagdasarian Productions

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Bagdasarianprodctions

1989-1995

Bagdasarian Productions New Logo

2013-present

Bagdasarian Productions (also credited as Bagdasarian Company) is a production company which holds the rights to Alvin and the Chipmunks and related intellectual property assets. The company is currently owned and operated by Ross Bagdasarian, Jr. and Janice Karman. It is the successor to Bagdasarian Film Corporation, which was owned and founded by the franchise creator Ross Bagdasarian, Sr. (also known as David Seville) in 1961. The company has co-produced many television series, specials, and films and initiated multiple lawsuits to protect the characters.

Television Series

Specials

Films

Interviews

Lawsuits

Main

Bagdasarian Productions has been involved in numerous lawsuits, a few are located below:

2000 - Bagdasarian Productions, LLC v. Universal Studios Home Entertainment, LLC

Bagdasarian Productions sued for a payment of $100 million as a result of a breach-of-contract. It was alleged that Universal failed to "fulfill its promise to put The Chipmunks in motion pictures, videos and theme parks and on television." Additionally, Bagdasarian Productions claimed that the entertainment company never intended to honor the agreement to actively promote the characters as the company was secretly planning to dismantle its family entertainment and animation arms. Bagdasarian Productions won their suit and regained control of the Alvin and the Chipmunks characters in 2002.[1][2]

2008, 2010 - Bagdasarian Productions, LLC v. Capitol Records, INC (Case #BC384048 & #B217960)

Bagdasarian Productions sued Capitol Records for the use of Alvin and the Chipmunks' music without the permission of the production company. The licensing agreement, which gave the record company the right to manufacture and distribute songs, was signed in 1968, four years before Ross Bagdasarian, Sr. passed away, and was not seen again until 2007. Bagdasarian Productions claimed that the recording company had been making money on pre-1972 songs sung by The Chipmunks' outside of the music industry in films, television, and other ventures in violation of specific contractual language. Though Capitol Records initially won the case, the decision was reverted in 2010 when Bagdasarian Productions appealed. The appellate court held that the productions company has the exclusive right to publicly perform the recordings in question.[3][4][5]

2011 - Bagdasarian Productions, LLC v. Capitol Records, INC (Case #BC473804)

Bagdasarian Productions sued for a payment of four years (2005-2009) of royalists as a result of a breach-of-contract. According to the suit, Capitol Records sent royalists to The Harry Fox Agency Inc., Bagdasarian Productions' former agent, who sent them back since the agency wasn't representing them anymore. The record company allegedly pocketed this portion of royalties meant to be paid to Bagdasarian Productions. The productions company claimed approximately $0.09 per song reproduced or distributed during the four years was due forth to them.[4][6]

2010, 2012 - Bagdasarian Productions, LLC v. Twentieth Century Fox Film Corporation

Bagdasarian Productions sued for payment associated with Janice Karman's contributions to the script of the second CGI/live-action film Alvin and the Chipmunks: The Squeakquel. Fox asked Karman to re-write the screenplay for the film after the company was not satisfied with their writer's initial draft. Much of the final draft comprised of her ideas and she believed she was entitled to more money than Fox offered her. She sought 50 percent of the movie's profits. Additionally, Bagdasarian Productions claimed a breach-of-contract as a result of Fox licensing the film to HBO, decreasing possible revenue, and underpaid royalties on the film's soundtrack, the Alvin and the Chipmunks' soundtrack, and other merchandise. All claims were ruled in favor of Fox.[7][8][9]

Minor

2009 - Bagdasarian Productions, LLC v. St. Clair Entertainment Group, Inc. et al

A Tribute to Alvin & the Chipmunks Infringing Album
Bagdasarian Productions sued St. Clair Entertainment Group, a discount distributor of music and entertainment with operations primarily in Canada, for allegedly advertising and selling an infringing music album entitled A Tribute to Alvin and the Chipmunks online and in retail stores under the false notion that the album was authorized, endorsed by, associated or affiliated with the productions company. Not only did the album use artwork that closely resembled The Chipmunks (credited as The Chipper Three) and the Alvin and the Chipmunks trademark logo, it also contained the same ten songs available on the authentic release. The District Court issued an injunction against any further production, distribution, marketing, and exploitation of products containing the Alvin and the Chipmunks logos.[10][11]

2009 - Bagdasarian Productions, LLC v. Big Eye Records et al

Renditions of Alvin & the Chipmunks Infringing Album
Bagdasarian Productions sued Big Eye Records, a Los Angeles production company, and (among others) Orchard Enterprises, a New York distributor, for allegedly producing and selling an infringing music album entitled Renditions of Alvin & the Chipmunks by Calvin & the Chipmunk Rock Stars online as a cheap knockoff of the Alvin and the Chipmunks: Original Motion Picture Soundtrack. This album not only used the Alvin and the Chipmunks trademark but also contained twelve identical songs from the original release. Bagdasarian Productions also sought damages of no less than $1 million. The District Court issued an injunction against any further production, distribution, marketing, and exploitation of products containing the Alvin and the Chipmunks logos.[12][13]

2011 - Bagdasarian Productions LLC v. Jerry Naylor Company LLC et al

A Tribute to Alvin & the Chipmonks Infringing Album
Bagdasarian Productions sued the Jerry Naylor Company, based in Oregon, Megabop Records, based in London, and San Juan Music Group, based in New Jersey for allegedly selling an infringing music album entitled A Tribute to Alvin and the Chipmonks by Alvin and the Chipmonks online as a cheap knockoff of the Alvin and the Chipmunks: Original Motion Picture Soundtrack. This album not only used the Alvin and the Chipmunks trademark but also contained twelve identical songs (two of which had two versions) from the original release. Bagdasarian Productions also sought damages of no less than $1 million. The parties in question reached a settlement before a ruling could be given.[14][15]

External Links

References

  1. 'Chipmunks' Creators Sue Universal, Nytimes.com, Retrieved 2013-11-05.
  2. Chipmunks sue U, charge brand neglect, Variety.com, Retrieved 2014-09-28.
  3. Appeals Court Revives Suit Over Recordings of Alvin and the Chipmunks, Metnews.com, Retrieved 2013-11-05.
  4. 4.0 4.1 Judge May Consolidate 'Chipmunks' Capitol Licensing Suits, Law360.com, Retrieved 2013-11-05.
  5. Flo & Eddie Inc. v. Sirius XM Radio Inc., et al Judgement, Musictechpolicy.files.wordpress.com, Retrieved 2014-10-17.
  6. Capitol Records Sued For 'Alvin And The Chipmunks' Cash, Law360.com, Retrieved 2013-11-05.
  7. Lawsuit Over Fox's 'Chipmunks' Films Expands, Hollywoodreporter.com, Retrieved 2013-11-05.
  8. United States Court Of Appeals For The Ninth Circuit, Cdn.ca9.uscourts.gov, Retrieved 2013-11-05.
  9. Alston & Bird Scores Win for Fox in Chipmunks Litigation – The Squeakquel, Alston.com, Retrieved 2014-07-24.
  10. Bagdasarian Productions, LLC v. St. Clair Entertainment Group, Inc. et al, Law.justia.com, Retrieved 2014-07-24.
  11. St. Clair’s Alvin & The Chipmunks CD Triggers Trademark and Copyright Infringement and Unfair Competition Lawsuit, Iptrademarkattorney.com, Retrieved 2014-09-28.
  12. Bagdasarian Productions, LLC v. Big Eye Records et al, Law.justia.com, Retrieved 2014-07-24.
  13. COMPLAINT against Defendants Big Eye Records, Orchard Enterprises NY, Inc., US.archive.org, Retrieved 2014-09-28.
  14. COMPLAINT against Defendants The Jerry Naylor Company, San Juan Music Group, Megabop Records, US.archive.org, Retrieved 2014-09-28.
  15. Bagdasarian Productions LLC v. Jerry Naylor Company LLC et al, Plainsite.org, Retrieved 2014-09-28.

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