Is Sam Raimi's remake of The Evil Dead still Happening?
The article below was
originally published by the Hollywood Reporter.
I for one would much rather see Renaissance Pictures’ remake of The Evil Dead than a fourth installment
made by some other company. Let’s not
mess with a good thing. I hope this all
ends soon because as Bruce Campbell addressed the “Elephant in the room,” last
year at Comic Con, “ …as far as The Evil Dead, Yes it will be remade and shut up
about it. I might be the old guy at the end, but that's it.” (you can view the entire
Comic Con video here.)
A fight has broken out
over who has rights to do a new sequel of the 198os horror classic The Evil Dead.
From Hollywood Reporter
Sam Raimi Sues Over Rights to 'Evil Dead' Sequel
Renaissance Pictures,
formed in 1979 by producer-director Sam
Raimi, producer Robert
Tapert and actor-producer Bruce Campbell for the purpose of making
the first film, is suing Award Pictures, which says it plans to make a fourth
film in the series. This potential coming film allegedly is interfering with
Raimi's plan to make his own sequel for Sony Pictures and FilmDistrict.
But Award Pictures
isn't laying down. The company is using Raimi's comment in a 2000 book that he
would never do a sequel as proof that the "Evil Dead" trademark was
abandoned. The company now says it is the primary trademark holder of the film
title.
The lawsuit could be a
warning to all those in Hollywood who attempt to lower expectations among fans
and the media for a sequel to a cult hit.
Released in 1983, the
original Evil Dead
was about a group of five friends who travel to a cabin in the woods where they
find an ancient Sumerian text that summons evil spirits when spoken aloud. Made
for less than $500,000, it has grossed more than $29 million and often is cited
as one of the best horror movies of all time. Plus, it still plays in theaters:
A midnight showing is scheduled at the Landmark Sunshine Cinema in New York
City.
A 1987 sequel also was
a hit, and a third film in 1993 was a modest success with $11.5 million in
revenue.
Renaissance says in
its lawsuit that fans "have long been eager for another installment,"
and Raimi finally announced last year he would co-write and co-produce a remake
of the original. Shortly before the announcement, Renaissance went to the U.S.
Trademark Office to register the mark.
One problem.
After Renaissance did
so, an objection was filed by Award Pictures, which says it has been preparing
its own Evil Dead
film. The company says that Renaissance's hold on "Evil Dead" was
abandoned and thus, Award Pictures should be deemed as being a prior user.
In an effort to show
abandonment, Award Pictures points to comments attributed to Tapert and Raimi
in the 2000 book, The Evil
Dead Companion: "Ha," said Rob and Sam. "We're never
going to do a sequel."
"This statement
is a public declaration by the defendant that the defendant abandoned the
alleged 'mark,' Evil Dead, decades ago," says Award Pictures in papers to
the USPTO's Trademark Trial and Appeal Board.
Award Pictures goes on
to say that even if Evil Dead was a valid mark upon the release of the first
film, the sequels can't be counted as continued use because they were both
"works for hire" and "single works." Additionally, the
company points to 20 other motion pictures that have used Evil Dead within
their title over the years, saying that Renaissance has exhibited
"uncontrolled, unregulated and undefended use of Evil Dead." Finally,
Award says Renaissance's purported trademark claims constitute a defrauding of
others in the entertainment industry.
Renaissance struck
back this week with a lawsuit against Award Pictures, saying it indeed has used
its mark, for example licensing Evil Dead video games, dolls, clothing,
memorabilia, comic books, etc.
According to the
lawsuit, "As a result of Renaissance's use of the Evil Dead mark and the
cult success of the films and related products, the Evil Dead mark has acquired
enormous value, has become famous among the relevant consuming public and
motion picture trade and is recognized as identifying and distinguishing Renaissance
exclusively and uniquely as the source of goods sold and services provided
under the Evil Dead mark."
Renaissance says Award
Pictures' planned film entitled Evil
Dead 4: Consequences, is intended to cause confusion to consumers
and that the key plot elements and character names "would inevitably
infringe Renaissance's copyright rights in The
Evil Dead."
Alleging trademark
infringement, false advertising and injury to business reputation, Renaissance
is asking for an injunction against further infringement and further monetary
damages.
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