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Home > Peteski Productions, Inc. v. Gawker Media, Inc.

Peteski Productions, Inc. v. Gawker Media, Inc. [1]

Submitted by DMLP Staff on Fri, 05/10/2013 - 09:49

Summary

Threat Type: 

Lawsuit

Date: 

05/06/2013

Status: 

Pending

Location: 

Texas

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Copyright Infringement
Peteski Productions is the copyright owner of the television show the Dr. Phil Show, and Gawker Media is the owner of the sports news website Deadspin.com. This dispute concerns coverage by both Deadspin.com and the Dr. Phil Show addressing the... read full description
Parties

Party Receiving Legal Threat: 

Gawker Media, Inc.

Type of Party: 

Organization

Type of Party: 

Organization

Location of Party: 

  • Texas

Location of Party: 

  • Texas

Legal Counsel: 

Charles L. Babcock, Jackson Walker LLP; George L. McWilliams, Law Office of George L. McWilliams, P.C.
Description

Peteski Productions is the copyright owner of the television show the Dr. Phil Show, and Gawker Media is the owner of the sports news website Deadspin.com. This dispute concerns coverage by both Deadspin.com and the Dr. Phil Show addressing the hoax pulled by Ronaiah Tuiasosopo on Notre Dame football quarterback Manti Te'o [2]. The hoax in part involved Tuiasosopo speaking with Te'o by telephone and pretending to be a Stanford University student by the name of Lennay Kekua. 

The complaint [3] alleges that Deadspin copied two episodes of the Dr. Phil Show wherein host Phil McGraw interviewed Tuiasosopo, asking him to explain the hoax. The interview extended over two aired episodes, with a "cliffhanger" at the end of the first episode suggesting that Tuiasosopo would perform the "Kekua" voice in the continuation of the interview in the second episode. According to the complaint, the interview was an "exclusive," and Tuisasosopo agreed not to appear in any other media between the time of the interview with McGraw and the airing of the interview on the Dr. Phil Show. 

Peteski alleges that Deadspin reported about the interview in three posts on January 30 and 31, 2013, with two posts before and one immediately after the first Dr. Phil Show episode; in the third post, Deadspin noted that the episode ended on a cliffhanger and encouraged readers to read Deadspin's blog the following day. According to the complaint, Deadspin then obtained a copy of the second Dr. Phil Show episode and posted an excerpt of the McGraw interview with Tuiasosopo (described as the "heart of Episode 2") on its website "not later than 9:30 a.m. Eastern Standard Time, hours before the Dr. Phil Show aired to over 98% of its viewers." The complaint appears to be referencing this post [4] by Deadspin. The complaint seeks statutory damages, attorneys' fees, and an injunction barring the video excerpt.

Details

Web Site(s) Involved: 

  • Deadspin.com [5]

Content Type: 

  • Video

Publication Medium: 

Blog

Subject Area: 

  • Copyright
Court Information & Documents

Jurisdiction: 

  • Texas

Source of Law: 

  • United States

Court Name: 

United States District Court for the Eastern District of Texas

Court Type: 

Federal

Case Number: 

5:13-cv-46-MHS-CMC

Relevant Documents: 

PDF icon 2013-05-06-Complaint.pdf [3]

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Source URL (modified on 08/20/2014 - 11:12pm): https://www.dmlp.org/threats/peteski-productions-inc-v-gawker-media-inc

Links
[1] https://www.dmlp.org/threats/peteski-productions-inc-v-gawker-media-inc
[2] http://en.wikipedia.org/wiki/Manti_Te%27o#Girlfriend_hoax
[3] https://www.dmlp.org/sites/dmlp.org/files/2013-05-06-Complaint.pdf
[4] http://deadspin.com/5980822/heres-ronaiah-tuiasosopo-attempting-to-perform-what-he-claims-is-lennays-voice-on-dr-phil
[5] http://deadspin.com/