Imperia Entertainment, Inc. (Pink Sheets: IPEI) announced today that its litigation attorney, Sanford M. Passman, has filed the company's opposition to James Hergott's Motion for Preliminary Injunction against the company and Never Submit, LLC.
In its opposition, the company points out the fact that Hergott cannot claim a copyright infringement for the story and script of "Never Submit," because, in return for Imperia producing the picture, Hergott, in writing, assigned all of his right, title and interest to the story and the script in exchange for 15% of the adjusted gross proceeds of the picture as well as 15% of any merchandising revenues received. The opposition states that Hergott submitted his first draft of the script to Imperia while President of the company, and Imperia developed the script and covered all the costs of development, pre production, auditions and travel, that Imperia's Chairman and Creative Director rewrote virtually all of the dialogue in the script, and that Don Dunn, the current director, and Imperia's production team have since made extensive revisions to it.
The opposition further states that, as opposed to seeking an injunction in federal court, as he is doing, Hergott has the contractual obligation to arbitrate before the American Arbitration Association. "Hergott was removed as director of the film, after two attempts to re-negotiate the terms of his writer/director agreement and to impose those terms as conditions of his acting as director, for his refusal to comply with federal law requiring aliens to provide to the production company proof of eligibility to be paid within the borders of the United States," according to Kenneth Eade, Imperia's Chairman. "We are confident that the court will find his motion without merit," he added.
ABOUT "NEVER SUBMIT"
"Never Submit" (http://www.neversubmit.com/) is a movie set in the world of MMA, or mixed martial arts, starring Ernie Hudson (Ghostbusters) and star MMA fighters Ken Shamrock, Josh Koscheck, Michael McDonald, Mauricio Shogun Rua, and Nate Quarry. "Never Submit" is an inspirational tale similar to "Rocky," but the lead character is an intelligent young man (as are most fighters competing in this sport) rather than a beaten-down punch-drunk fighter. An amazing cast of characters will round out this film; each from different walks of life; each with his own set of circumstances and motivating factors driving him to his or her personal best. "Never Submit" is a metaphor describing the way these athletes live their lives. Imperia Entertainment has a strategic relationship with TapouT Magazine (http://www.tapoutmagazine.com/) as part of a cross-country tour to promote the publication as well as the movie.
