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Los Angeles: Is “Heroes” Lawsuit Against NBC Frivolous? Are Frivolous Lawsuits Intellectual Property? Are These Examples of Business Litigation Gone Insane?

Does 40 years of filing frivolous lawsuits constitute intellectual property? Steve Samwell learned about the lawsuit filed against NBC Universal by Clifton Mallery and his wife Amnau Karam Eele claiming their work has been wrongfully used on the television show “Heroes”. Mr. Samwell is asserting that Mallery & Eele have stolen his intellectual property and are profiting from that theft.

Samwell claims to have pioneered this type of lawsuit in 1967. Mr. Samwell filed suit against Mel Brooks, Buck Henry and other creators of the “Get Smart” TV show. He claimed that “Get Smart” was based on a short story he had sent to “Look” magazine in 1958. Although his story was never published, the case was settled for an undisclosed amount.

On March 26, Samwell announced that he will file a lawsuit against “everyone in the past 40 years who has filed a lawsuit claiming that their idea was stolen.”

Sadly, frivolous lawsuits cost everyone, including taxpayers whose dollars support courthouses, judges and their staff. I hope Mr. Samwell will reconsider this litigation…..Earth to Samwell…..are you listening?

While we have never represented anyone filing a frivolous lawsuit, we have defended against them. If you have been victimized by such litigation in Orange, Ventura or Los Angeles counties, call and speak to one of the trial lawyers at Sylvester, Oppenheim & Linde. If you would prefer, feel free to use our contact form and an attorney will contact you. There is never a charge for an initial consultation.