![]() SUSAN WEINER, NBCUniversal Media, LLC, New York, New York (Robert Penchina and Amanda M. Halter, on the brief), Liddle & Robinson, L.L.P., New York, New York, for PlaintiffsAppellants. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Because this claim is based on rights that are not the VACATED and REMANDED. 2 equivalent of those protected by the Copyright Act, it is not 3 preempted. 31 adequately alleged a contract that includes an implied promise to 1 We reach a different conclusion. Plaintiffs-Appellants Forest Park Pictures, Tove 25 Christensen, and Hayden Christensen appeal from an order of the 26 United States District Court for the Southern District of New 27 York (Colleen McMahon, Judge) granting Defendant-Appellee 28 Universal Television Network s motion to dismiss on the grounds 29 that this breach of contract action is preempted by the Copyright 30 Act. x B e f o r e : 24 WALKER, RAGGI and LIVINGSTON, Circuit Judges. UNIVERSAL TELEVISION NETWORK, INC., Defendant-Appellee. 11-2011-cv -x FOREST PARK PICTURES, TOVE CHRISTENSEN, and HAYDEN CHRISTENSEN, Plaintiffs-Appellants, - v. 1 UNITED STATES COURT OF APPEALS 2 FOR THE SECOND CIRCUIT 3 4 August Term 2011 5 (Argued: Novem6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Decided: June 26, 2012) Docket No. Forest Park adequately alleged the breach of a contract that included an implied promise to pay the claim is based on rights that are not the equivalent of those protected by the Copyright Act and is not preempted.ฤก1-2011-cv Forest Park Pictures v. The district court held that the claim was preempted by the Copyright Act, 17 U.S.C.101, and dismissed. ![]() Forest Park sued USA Network for breach of contract. A little less than four years later, USA Network produced and aired a television show called "Royal Pains," in which a doctor, after being expelled from the medical community for treating patients who could not pay, became a concierge doctor to the rich and famous in the Hamptons. Forest Park created character biographies, themes, and storylines, which it mailed to Sepiol, who worked for USA Network. In 2005, Forest Park formulated a concept for a television show called "Housecall," in which a doctor, after being expelled from the medical community for treating patients who could not pay, moved to Malibu, California, and became a concierge doctor to the rich and famous. ![]()
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