100 F.R.D. | Golic and Wingo | Highly Questionable | Intentional Talk2 | Jalen & Jacoby | The Jump | Monday Night Countdown | NBA Coast to Coast | NBA Countdown | NBA Shootaround | NBA Tonight | NFL Insiders | NFL Live | NFL Matchup | NFL Primetime | Outside The Lines | Pardon the Interruption | SportsCenter (SportsCenter:AM | SportsCenter Face to Face with Hannah Storm | SportsCenter Coast-to-Coast | SC @ Night | SportsCenter with Scott Van Pelt | X Center | SportsCenterU) | SportsNation | Sunday NFL Countdown | WNBA Shootaround | World Cup Live, Former programming: The mere allegations of the Sherman Act claim requirements of a contract, combination or conspiracy for the purpose of restraining trade with resulting damages are not by themselves sufficient to withstand a motion for summary judgment. On September 28, 1977, Cinemavision announced that a test run on 1,000 theatres would commence on October 24, 1977. at 17-18. Asia | Africa | Balkans | Belgium | Bulgaria | Estonia | Germany | Greece | Hungary | Italy | Japan | Moldova | Netherlands | Norway | Poland | Portugal | Russia | Spain | Taiwan | Turkey | UK and Ireland, Fox Movies/Premium 9Joint venture with Electronic Arts. All of SAFFCO's allegations concern the effect the defendants had on the willingness of theatre owners to agree to run the advertisements. As a result of these activities, SAFFCO alleges that the defendants violated sections 1 and 2 of the Sherman Act. 14. What caused the failure of the Cinemavision/SAFFCO enterprise is the primary issue of this litigation. Id. The agreement contemplated that this film fund would eventually be incorporated as a legal entity. 15. It attempted to set up a system through which national advertisers could buy time in movie theatres to advertise their products. Blaze (HD) | Historia (HD) | Crimen & Investigacin/Crime & Investigao, India:6 1562, 1578, 23 L.Ed.2d 129 (1969). On June 29, 1981, this Court explained SAFFCO's claim as follows: SAFFCO alleges absolutely no facts to meet this causation requirement. hitchcock docteur edwardes logopedia 5Joint venture with AMC Networks International. SAFFCO has failed to show that reasonable inferences can be drawn from the evidence presented that the defendants were at all responsible for SAFFCO's injuries. In fact, the evidence indicates that none of the representatives at any of these companies were ever contacted by the defendants with regard to screen advertising, Cinemavision, SAFFCO, NITE, or any proposed plan to produce and distribute motion pictures through the use of screen advertising revenues. In the agreement, Patterson agreed to try and persuade theatre owners to participate in Cinemavision's screen advertising program. Currently before the Court are the defendants' motions for summary judgment. Remember to sign in or join D23 today to enjoy endless Disney magic. See Aladdin Oil Co. v. Texaco, Inc., 603 F.2d 1107, 1117 (5th Cir.1979). United States District Court, N.D. Georgia, Atlanta Division. vista buena international vector transparent logopedia svg logos wikia disney 1985 2007 alister coyne eps walt sponsored links The headquarters were located in New York until the 1970s when they were moved to California. ESPN+ | ESPN.com | ESPN Deportes.com | ESPN Broadband | ESPN Events | ESPN Films | ESPN Home Entertainment | ESPN The Magazine | ESPN Deportes La Revista | ESPN Books | ESPY Awards | ESPN Integration | The Undefeated | WatchESPN, Defunct ventures: ESPN (HD) | ESPN2 | | ESPNews | ESPN Classic | ESPNU | ESPN Deportes | ESPN PPV | ESPN3 | ESPN Bases Loaded | ESPN College Extra | ESPN Goal Line | Longhorn Network | SEC Network at 21; Galante Dep. Cinemavision was incorporated in December 1976 in Tennessee. Thus, because of SAFFCO's failure to raise any issue of material fact as to the effect of the defendants' actions on SAFFCO's failure as a business enterprise, defendants' motion for summary judgment is hereby GRANTED. Walt Disney Studios Motion Pictures | Walt Disney Pictures (Others | Trailer variants | Closing variants | International | Logo Variations) | 20th Century Studios (Others | On-screen logos | Trailer variants | Closing variants | Logo variations) | Lucasfilm Ltd. (Others) | Lucasfilm Animation | Pixar Animation Studios (Others) | Disneynature | Walt Disney Animation Studios | Marvel Studios (Others) | Marvel Knights | Searchlight Pictures (Others | On-screen Logos | Trailer variants | Logo variations) | 20th Century Animation | 20th Digital Studio | Regency Enterprises (20%) (New Regency), Disney Music Group 1Operated by BT under license. Nevertheless, summary judgment is appropriate when " it is plain that the allegedly unlawful practice does not exist, and that plaintiff's claim is without merit." | DIC Entertainment (Others) | Creative Wonders9 | Hyperion Books | GMTV | Movies.com | Fox Sports Networks | Endemol Shine Group, Inactive On June 14, 1977, plaintiff SAFFCO was incorporated and became the " legal entity" that took the place of the NITE Film Fund. Touchstone Pictures (Others | Logo Variations) | Touchstone Home Entertainment (Others), Defunct assets 21Co-owned with ViacomCBS U.S. networks: E.g., Blank v. Preventive Health Programs, 504 F.Supp. 1083, 1086-87 (M.D.Fla.1973) (" Even in an antitrust case a party cannot rest on the allegations contained in his complaint but must come forward with affidavits setting forth specific facts showing that there is a genuine issue of material fact." 22Operated by Good Karma Brands under an LMA. ABC College Football | ABC's Wide World of Sports | The American Sportsman | Arena Football League on ESPN | College Basketball on ABC | ESPN Sports Saturday | Fight of the Week | IndyCar Series on ESPN | Major League Baseball on ABC | Monday Night Football | NASCAR on ESPN | NHL on ABC | Olympics on ABC | PGA Tour on ABC | Professional Bowlers Tour | The Superstars, U.S. radio stationsESPN Radio | ESPN Deportes Radio | ESPN Xtra | ESPNU Radio | ESPN All Access, International: Summary judgment is generally not favored in antitrust actions. This test run never occurred because Cinemavision failed to recruit any advertisers. Disney Theatrical Productions GroupDisney on Broadway | Disney on Ice | Disney Theatrical Productions | Disney Live! The owner was free at any time to terminate the payments to the film fund and receive the advertising revenues directly. Did you find what you were looking for? Miramax | Dimension Films | Dimension Home Entertainment | Dimension Television | Dimension Extreme Films | Miramax Family Films | Miramax Books | Miramax/Dimension Films | Anaheim Ducks | Baby Einstein | Oxygen (TV network) | E! SAFFCO argues that the following incidents give rise to material issues of fact that should preclude summary judgment: Both parties contest how the interviews came about and what interpretations should be given to the statements made by the various defendants' executives.

Theatre Exhibitors, Inc. v. Buena Vista Distribution Co. SAFFCO contends that Cinemavision was on the verge of signing contracts with RCA Records, Revlon, and Chrysler but that these contracts were abandoned at the last minute due to the acts of the defendants. Disneyland Resort (Disneyland Park | Disney California Adventure) | Walt Disney World (Magic Kingdom | EPCOT | Disney's Hollywood Studios | Disney's Animal Kingdom | Disney's Typhoon Lagoon | Disney's Blizzard Beach) | Tokyo Disney Resort (Tokyo Disneyland | Tokyo DisneySea) | Disneyland Paris (Disneyland Park | Walt Disney Studios Park) | Hong Kong Disneyland | Shanghai Disney Resort | Disney Cruise Line | Disney Vacation Club | Adventures by Disney | Disney Publishing Worldwide (Disney Comics | Disney English | Disney Press | DisneyLucasfilm Press) | The Muppets Studio | Disney Interactive | Gamestar | Disney Mobile | Playdom | 20th Century Fox Consumer Products | 20th Century Fox Games | Fox Digital Entertainment | Disney Store | ShopDisney | Walt Disney Imagineering | FoxNext, Walt Disney Direct-to-Consumer and International 1 and 2, under the provisions found in section 4 of the Clayton Act, 15 U.S.C. Asia | Africa | Bulgaria | Canada (French)12 | Czech Republic | France | Germany | Greece | Hong Kong | Hungary | India | Israel | Japan | Latin America | Malaysia | Middle East | Moldova | Netherlands and Flanders | Norway | Philippines | Poland | Portugal | Romania | Russia | Scandinavia | South Korea | Spain | Sweden | Taiwan | Thailand | Turkey | Vietnam, Disney Junior Because SAFFCO does not have standing because of its failure to meet the causation requirement, this issue is determinative, and thus there is no need to address SAFFCO's other contentions. Youre receiving limited access to D23.com. Patterson's idea was to set up a corporation that would use the movie theatre's share of screen advertising revenues to finance the production and distribution of motion pictures. Africa | Canada12 | France | India | Israel | Latin America | Middle East | Netherlands and Flanders | Poland | Portugal | Romania | Scandinavia | Spain |, Disney XD 11Joint venture with Telefnica. The Entertainment Channel | Alpha Repertory Television Service | The History Channel India | The Biography Channel UK and Ireland | The Biography Channel Latin America | Lifetime Moms. 3Joint venture with Sony Pictures Television. After a series of meetings and negotiations, NITE and Patterson entered into a written agreement with Cinemavision on June 6, 1977. The court of appeals affirmed the district court's granting of summary judgment saying that. Asia (Action | Family) | Balkans | Brazil (1 | 2) | Latin America (Action | Cinema | Classics | Family | Comedy | Movies | Series) | Philippines | Taiwan | Middle East, Fox Sports 2Joint venture with Ole Communications.

See, e.g., Clark v. United Bank, 480 F.2d 235, 240 (10th Cir. The plaintiff contended that a recent acquisition of the defendants caused the plaintiff's injury. Notes Many courts have granted summary judgment motions on the grounds that the plaintiff failed to raise any issues of material fact regarding this causation requirement. Defendants moved for summary judgment. J-Sports 1 | J-Sports 2 | J-Sports 3 | J-Sports 4, Current ventures: On August 9, 1977, SAFFCO entered into a " SAFFCO Participation Agreement" with Cinemavision, agreeing to be bound by the terms of the Master Theatre Screening Agreement and assuming all the obligations of the NITE Film Fund under the Master Agreement. Irving Ludwig headed Buena Vista until his retirement, when Dick Cook took over. 14Joint venture with Global Group. Nat'l Indep. Thus, SAFFCO's injury was inextricably tied to Cinemavision's success in recruiting national advertisers. The defendants claim that no more than 100 theatres ever agreed to give their revenues to SAFFCO, whereas SAFFCO argues the number was much higher. Solomon, supra, at 393. The Master Agreement also provided that theatre owners could become parties to the agreement by signing a " binder agreement." The theatre owner could terminate this " binder agreement" after one year by giving the proper notice. This appeal questions that, Summary judgment has been characterized as a drastic relief to be applied sparingly.

416, 420 (C.D.Ga.1980). Cinemavision began operations in January 1977 with five salaried employees. Buena Vista Distribution Company Founded by Disney in 1953 to distribute its films; its first release was The Living Desert (see more detail under that entry). SAFFCO wanted to finance these movies through a complex plan that linked SAFFCO's success with the success of another company-Cinemavision. Although Buena Vista filed a separate motion for summary judgment, because of the similarity of facts and issues, the two motions will be treated together in this order. Later known as Buena Vista Pictures Distribution and Walt Disney Studios Motion Pictures. Thus,SAFFCO must attempt to establish that the defendants were responsible for Cinemavision's failure to recruit national advertisers. By November 1977, Cinemavision had contracts with approximately 5,000 movie theatres.

ESPN Extra | ESPN Now | ESPN West | Arena Football League (minority stake, 20062009) | ESPN Star Sports (equity stake, 19942013) | ESPNews Asia (19962013) | ESPN 3D (20102013) | ESPN America (20022013) | ESPN Buzzer Beater (20102017) | ESPN Classic (UK) (20062013) | ESPN Full Court (19952015) | ESPN GamePlan (19962015) | ESPN HD (20032011) | ESPN HS (19972012) | ESPN MVP (20052006) | ESPN Plus (19962009) | NHL Network Canada (20012015) | SEC TV (20092014) | Grantland (20112015) | ESPN Zone (19982018), U.S. sports broadcasting rights: In November 1977, Cinemavision started firing employees, and in December, all payments to NITE and Patterson were stopped. 17Joint venture with GMA Network Inc. 30 for 30 | Around the Horn | Baseball Tonight | The Beat | College Football Final | College Football Live | College Football Scoreboard | College Basketball Live | College GameDay (Basketball) | College Gameday (Football) | College GameNight | E:60 | First Take | ESPN2 Garage | The Fantasy Show | Get Up! Similarly, SAFFCO fails to present any evidence that indicates a connection between its injury and any act of the defendants. ), cert. 1Joint venture with Vice Media. If plaintiff fails to do this, the grant of summary judgment is proper. Blaze | Crime & Investigation | History | H2 | Lifetime, Iberian Peninsula:5 SAFFCO intended to enter the business of financing and producing motion pictures. Casetext, Inc. and Casetext are not a law firm and do not provide legal advice. 23Co-owned with Mediengruppe RTL Deutschland (RTL Group) Screen Advertising Film Fund Corp. v. Buena Vista Distribution Co., Inc. Make your practice more effective and efficient with Casetexts legal research suite. at 13-14; Spokes Dep. Aviation Specialties, Inc. v. United Technologies Corp., 568 F.2d 1186, 1192 (5th Cir.1978). Split companies: Fox Corporation. Its president, William Woosley, owned 10 percent of the stock and Sam Lovvllo owned the other 90 percent. Cinemavision agreed to advance NITE money through which Patterson would be compensated for his efforts. Walt Disney Television Section 4 of the Clayton Act requires that plaintiff demonstrate that its injury was caused by the antitrust actions of the defendant. See also, Murdock v. City of Jacksonville, 361 F.Supp. By December, the idea of funding SAFFCO through advertisement revenues was abandoned. 2Also airs on MLB Network. The portions of sections 1 and 2 of the Sherman Act relied upon by SAFFCO reads as follows: This Court is fully cognizant that the granting of summary judgment is drastic relief that must be applied sparingly and with caution. Cinemavision ceased operations in June 1978. Aladdin Oil Co. v. Texaco, Inc., 603 F.2d 1107, 1110-12 (5th Cir.1979). A&E (HD) | Crime + Investigation (HD) | FYI (HD) | History (HD) | History en Espaol | Lifetime (HD) | Lifetime Movies (HD) | LRW (HD) | Military History | Viceland1, Latin America2:A&E (HD) | History (HD) | History 2 (HD) | Lifetime3 (HD), United Kingdom & Ireland:4 The agreement provided that Patterson was an employer of NITE and that he would have no claim for compensation against Cinemavision. Subsidiaries: Asia Pacific (India) | EMEA (France | Germany | Italy) | Latin America | Russia & CIS | Star Studios, Disney Streaming Services: BAMTech Media (75%) | Disney Digital Network | ESPN+ | Hulu (67%) (United States and Japan)20 | Disney+ | FX Now (United States) | Fox+ (Asia) | Fox App (Latin America) | Disney+ Hotstar (India) | Star+ (Latin America), Disney Media Distribution The injury claimed by SAFFCO is its failure to receive any revenues from the movie theatres that had contracted with Cinemavision to exhibit the advertisements. 4Joint venture with Sky Limited. ABC Entertainment | ABC News | Disney Media Distribution | Disney Television Studios (ABC Signature | 20th Television | 20th Television Animation | Searchlight Television) | Disney Television Animation | Greengrass Productions | It's a Laugh Productions | DisneyABC Home Entertainment and Television Distribution | Disney Media Distribution | Disney Channel Original Movies (Others) | ABC News Productions | Disney XD Originals | Disney Junior Originals | ABC Family Worldwide Inc. | FX Networks (Others) | FXP (Others) | Disney+ Original | Star+ Original, United States broadcast and cable televisionABC (HD) (Others) | ABC Localish | Disney Channel | Disney XD | Disney Junior | Freeform | FX (Others | On-Screen Watermarks | HD | On Hulu) | FX Movie Channel (HD) | FXX (HD) | National Geographic5 | National Geographic Wild | Nat Geo Mundo, ABC Owned Television Stations ) When the defendants have presented substantial evidence concerning business dealings and judgment in rebuttal of plaintiff's allegations, it is up to the plaintiff to produce evidence demonstrating that a genuine issue of fact exists. 12Owned by Corus Entertainment. v. Olympia Brewing Company, 550 F.2d 495 (9th Cir.1977). vista buena dumbo Radio Disney stations: Rdio Disney Brasil8 | Radio Disney Peru Disney Channel 24Joint venture with Rede Globo. The Sports Network (TSN1 | TSN2 | TSN3 | TSN4 | TSN5) | RDS | RDS2 | RDS Info | ESPN Classic Canada, Japanese networks Sold Zenith Radio Corp. v. Hazeltine Research, Inc., 395 U.S. 100, 126, 89 S.Ct. In the Lenore case, the plaintiff beer distributor brought an antitrust action against a manufacturer supplier who had terminated the distributorship agreement in favor of the defendant's own distributors. AFL | College Basketball | College Football | Golf | High School Football | MLB | MLS (MLS Game of the Week | MLS Soccer Sunday) | NFL | NBA | WNBA | Tennis | X Games In any event, no advertisers ever signed with Cinemavision so none of the theatres ever ran any advertisements. SportsCenter Face to Face with Hannah Storm, Crimen & Investigacin/Crime & Investigao, Disney Channel (Australia and New Zealand), Disney Consumer Products and Interactive Media, Disney Junior (Australia and New Zealand), Film production companies of the United States, DisneyABC Home Entertainment and Television Distribution, Walt Disney Direct-to-Consumer and International, 20th Century Fox International Television. buena vista lake fl map florida idcide profile reserved rights copyright 3Partnership with TV5 Network Inc. SAFFCO also contends that the defendants engaged in " threatening, harassing, and intimidating" behavior in an attempt to discourage advertisers from entering into contracts with Cinemavision. Remember to sign in or join D23 today to enjoy endless Disney magic! Walt Disney Records | Hollywood Records (Marvel Music | Fox Music) | Disney Music Publishing | Buena Vista Records. 2Disney manages film catalog created for ABC; remainder of library controlled by Bristol-Myers Squibb. Even assuming the truth of these allegations, there is not a scintilla of evidence to suggest that Cinemavision's failure to recruit advertisers was caused by any acts of the defendants. William N. Withrow, Jr., Tench C. Coxe, J. Kirk Quillian, Troutman, Sanders, Lockerman & Ashmore, Atlanta, Ga., for defendants Columbia Pictures Industries, Inc., Metro-Goldwyn Mayer, Inc., Paramount Pictures Corp., Twentieth Century Fox Film Corporation, United Artists Corp., Universal Film Exchanges, Inc. and Warner Brothers Distributing Corp. Joseph B. Haynes, King & Spalding, Atlanta, Ga., and A. Vernon Carnahan, Donovan, Leisure, Newton & Irvine, New York City, for defendant Buena Vista Distribution Co., Inc. U.S. blocks: ESPN College Football (Saturday Night Football) | Battle of the Network Stars | ESPY Awards | NBA on ESPN | WNBA on ESPN | X Games, Former programming: Lawrence L. Aiken, Riverdale, Ga., for plaintiff. 8Joint verture with Rdio Holding Participaes Ltda. 4Partnership with Sony Pictures Networks India. 10Joint venture with Sky Limited. The following flow chart illustrates the interaction between the parties: SAFFCO's failure was caused by step (1) in this chain. IndyCar Series | NASCAR | NHL | Thoroughbred Racing on ESPN, Other properties: at 22. SAFFCO contends that the defendants acted in concert to refuse to license first run films to any movie theatres participating in the screen advertising program. There is much debate as to how close Cinemavision was to signing these companies. Plaintiff Screen Advertising Film Fund Corporation [SAFFCO] was incorporated on June 14, 1977, with a total capital of $500. 19Joint venture with Televisin Nacional de Chile. Closing Logo Group is a FANDOM TV Community. SAFFCO presents absolutely no evidence to indicate what these acts were. denied, 414 U.S. 1004, 94 S.Ct. 16Joint venture with Apollo Global Management. Plaintiff's Brief at 3. ESPN Radio stations:KESN5 | KSPN | WEPN | WEPN-FM1 | WMVP22, Disney Parks, Experiences and Products Buena Vista Home Entertainment (Disney Banner | Marvel Banner | Lucasfilm Banner | 20th Century Banner | Searchlight Banner) | 20th Century Studios Home Entertainment (Others) | Movies Anywhere (United States), Other assetsA&E Networks (50%)6 | DGamer | CDVU+ | Disney Institute | Disney Research | Disney DVD (Others) | Disney Enhanced Home Theater Mix | Disney's Fast Play | Disney Movie Insiders | Disney Blu-ray Disc | Disney Blu-ray 3D | Disney Second Screen | Disney's Fastpass | Disneytek | ABCtek | LucasArts | Industrial Light and Magic | Skywalker Sound | Disney Classics | Disney D23 | Vice Media (26%) | Fox-Paramount Home Entertainment4 | Fox Networks Group | Fox Studios Australia | FOX Telecolombia | Disney Interactive | National Geographic Partners (73%) | FOX Producciones Originales | Buena Vista Original Productions | Patagonik Film Group, US networks: It is disputed how many of these theatres designated their revenues to be turned over to SAFFCO. KABC-TV | KFSN-TV | KGO-TV | KTRK-TV | WABC-TV | WLS-TV | WPVI-TV | WTVD. The district court entered summary judgment for the distributors. 1st and 10 | 2 Minute Drill | Baseball 2Day | BassCenter | Battle of the Gridiron Stars | Beg, Borrow and Deal | Bonds on Bonds | Bound for Glory | The Bronx is Burning | Cheap Seats | Cold Pizza | The Contender | Dream Job | ESPN Friday Night Fights | ESPN Hollywood | His & Hers | I'd Do Anything | Jim Rome is Burning | Knight School | Madden Nation | Mike & Mike | MLS ExtraTime | MLS Primetime Thursday | MLS Soccer Saturday | MMA Live | NASCAR Countdown | NASCAR Now | NFL 32 | NHL 2Night | Nine for IX | Olbermann | Playmakers | Quite Frankly with Stephen A. Smith | RPM 2Night | SC6 with Michael and Jemele | SpeedWeek | SportsNight | The Sports Reporters | Stump the Schwab | Sunday Night Football | Talk2 | Tilt | Upscripted with Chris Connelly | Up Close. 5Operated by Cumulus Media under an LMA. Antitrust suit was brought. 24Kitchen | BabyTV | Channel V | Fox Comedy | Fox Crime | Fox Rewayat | Cinecanal | RTL Zwei | Sky Cinema Disney10 | Star Channel (Latin America) | STAR Chinese Channel | STAR Chinese Movies | STAR Chinese Movies Legend | Super RTL23 | TOGGO Plus23 | TVN18 | Viajar | Voyage | TV Chile19 | Canal 24 Horas19, Radio networks ABC Audio | ABC News Radio | ABC News Now | ESPN Radio | ESPN Xtra, Radio stations On June 6, 1977, NITE and Cinemavision also entered into a contract called the " Master Theatre Screening Agreement." at 12-13; Spokes Dep. The above-styled action is based upon alleged violations by the defendants of sections 1 and 2 of the Sherman Act, 15 U.S.C. See Galante Dep. 4Joint venture with Paramount Pictures. Africa | Canada12 | Latin America | Netherlands and Flanders | Poland | Slovenia | Southeast Asia, Fox Among other concerns, the advertisers were worried that theatre customers would react negatively to their ads and that Cinemavision's fees were too high. It is clear, however, that none of these companies ever signed a completed contract with Cinemavision. Court:United States District Court, N.D. Georgia, Atlanta Division. Cinemavision would pay the movie theatre's revenues directly to this fund rather than to each theatre. This issue, however, is not important because it does not address the issue of causation that this Court finds determinative. 1Disney manages and operates this station owned by Emmis Communications. Neither Cinemavision nor SAFFCO ever signed any contracts with advertisers and no revenues were ever received by either corporation. Patterson was president of NITE, a national association of theatres with about 5,000 members. 18Joint venture with CJ E&M. Latin America (Kids) | National Geographic Wild (Africa | Asia | Australia | Canada | Europe | India | Latin America | Middle East) | Nat Geo Music | Nat Geo People (HD), Other channels



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