Legal News

Franklin Mint malicious persecution suit against Manatt goes back to LA Superior Court

By Richard Binder

The Court of Appeals, Division Four, ruled yesterday that the law firm of Manatt, Phelps & Phillips lacked probable cause to sue the Franklin Mint Company for trademark dilution or false advertising over its Princess Diana dolls and plates.

The original suit was brought in 1998 by Manatt partner Mark Lee on behalf of The Diana, Princess of Wales Memorial Fund, and alleged that Franklin Mint had diluted Diana?s trademark and had falsely asserted that it intended to donate all proceeds of the sales to charities favored by the princess.

A judge in 2000 ruled that the claims were ?groundless? and ?unreasonable,?awarding statutory attorney fees of more than $1.6 million in connection with those claims. Six months later, Franklin Mint sued the Manatt firm, along with Lee and the Princess Diana fund, for malicious prosecution. The fund later settled, and the case went to trial solely against Lee and the law firm.

The appeals court decision reinstates the Mint's malicious persecution claim and sends the case back to the Los Angeles Superior Court.

Full story here, and text of decision here.

Full post as published by Legal Pad | LA on May 04, 2010 (boomark / email).