|
In a complaint filed on Tuesday night in the U.S. District
Court in Manhattan, Matthew Lombardo said he was forced to scrap
performances of "Who's Holiday!" set to begin Off Broadway on
Nov. 2 after Dr. Seuss Enterprises LP complained to the
theater's owner, The Shubert Organization.
But while "Who's Holiday!" and "Grinch," published by Random
House Inc, both feature the character Cindy Lou Who, Lombardo
said his 75-minute, one-woman play is "highly transformative,"
and therefore constitutes fair use.
Lombardo wants a court order that his play does not infringe the
defendant's copyright in "Grinch," plus more than $130,000 of
damages, including costs for the cancellation.
Dr. Seuss Enterprises and its law firm did not immediately
respond on Wednesday to requests for comment. Lombardo's lawyer
did not immediately respond to similar requests. Random House
and Shubert are not defendants.
"Grinch" tells the story of a grouchy, cave-dwelling monster who
decides to end Christmas, and is briefly interrupted by Cindy
Lou, a little girl, before having a change of heart.
In contrast, Lombardo's Cindy Lou is a profane 45-year-old woman
housed in a trailer in the snowy hills of Mount Crumpit.
She is depressed because no one will attend her first Christmas
party since her release from prison for murdering the Grinch,
who was her husband and fathered her daughter, Patti.
But Cindy Lou comes to realize the theater audience is still
there, and brightens further when Patti, who had abandoned her,
shows up at the door, ending the play.
"Dr. Seuss this is not," the complaint said.
"Who's Holiday!" was to star Jennifer Simard, who received a
2016 Tony nomination as best featured actress in a musical, for
her work in "Disaster!"
Dr. Seuss was the pen name of Theodor Geisel. He died in 1991.
The case is Lombardo et al v Dr. Seuss Enterprises LP, U.S.
District Court, Southern District of New York, No. 16-09974.
(Reporting by Jonathan Stempel in New York; Editing by Frances
Kerry)
[© 2016 Thomson Reuters. All rights
reserved.] Copyright 2016 Reuters. All rights reserved. This material may not be published,
broadcast, rewritten or redistributed.
 |
|
