David Cassidy on the Web
David Cassidy Suing Sony over 'Partridge Family' Royalties
Tuesday, June 12, 2012
The Beverly Hills Courier
http://bhcourier.com
A judge said today he expects to finalize his decision in three or four days on David Cassidy's request to have a jury rather than an arbitrator decide his lawsuit alleging Sony did not pay him for using his image on merchandise from the hit television show "The Partridge Family."
Los Angeles Superior Court Judge Joseph Kalin said Sony's argument in favor of arbitration appeared correct. However, the judge said he wanted to mull the issues further before issuing a ruling.
Cassidy filed the suit last Oct. 5 against Sony Pictures Television Inc., Sony Pictures Entertainment and Sony subsidiaries Screen Gems Inc. and CPT Holdings Inc.
The show, which aired from 1970 to 1974, was one of the first to be merchandized on a worldwide scale with board games, magazines, coloring books, paperbacks, posters, pillow cases, toy guitars, dollars, lunch boxes, beach towels, pencil cases, comic books, children's' clothing and music sales, according to the complaint.
"For nearly 40 years, defendants have swindled Mr. Cassidy out of his rightful share of the profits from The Partridge Family, and when Mr. Cassidy has inquired as to the matter, have lied to him so as to continue to conceal their deception," the lawsuit states. The suit alleges fraud and breach of contract and demands millions of dollars in damages.
Under his 1971 contract with Screen Gems, Cassidy was supposed to get 15 percent of net merchandising revenues for the use of his image, voice or likeness, and no more than half of that for items in which other cast members appeared, the suit states. Cassidy later entered into a settlement agreement with CPT, but his attorneys say it covered only the years 2005-07 and that their client did not agree to arbitrate his merchandising claims. They say Sony has not allowed Cassidy to conduct an audit into the millions of dollars in merchandise sales generated from the show.
"Where the dispute lies is whether David Cassidy entered into a valid binding contract in which he voluntarily agreed to arbitrate his unreleased claims and his misappropriation of publicity rights claims," Cassidy's lawyer, Kenneth Linzer, told Kalin.
However, Sony attorney Harrison Dossick said both sides agreed to arbitration of any dispute.
"It could not be more clear it covers the gamut of claims," Dossick said. "It's that simple, there's nothing surprising about that, nothing repugnant, it makes perfect sense."
Kalin said the language of the agreement was "pretty broad" and suggested all of Cassidy's claims were subject to the arbitration agreement.
Linzer said after the hearing that should Kalin rule in favor of Sony, he will ask a panel of the 2nd District Court of Appeal to order the judge to allow the case to go to trial. Dossick declined to comment.
