Archive for August, 2006

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MindFusion Wins Arbitration Claim

August 17, 2006

C.T.E. PRODUCTIONS, INC. V. NEWMARK/ECHELON ENTERTAINMENT, LLC

Paul Battista represented MindFusion Law client C.T.E. Productions, Inc. (CTE) in an I.F.T.A. arbitration proceeding. CTE claimed that Newmark/Echelon Entertainment, LLC (Newmark) unilaterally breached a contract that the parties entered in which Newmark agreed to theatrically release CTEs film entitled Walking On the Sky. An arbitration hearing was held on June 27, 2006 at which CTE and Newmark presented their respective cases. The arbitrator ruled, in part, that based upon the briefs, evidence, declarations and testimony submitted by CTE and Newmark that:

1) The agreement between the parties was terminated;

2) Newmark is permanently enjoined from advertising, selling, distributing, manufacturing or shipping the original elements or copies of the feature film Walking On the Sky for any purpose and in any territory throughout the world;

3) All film masters, elements, promotional materials, and product in the form of VHS and DVD copies related to the feature film Walking On the Sky shall be immediately returned to CTEs attorney of record; and

4) Newmark shall pay to CTE a total of $48,085.72.