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Anderson v. Stallone | 11 U.S.P.Q.2d 1161 (1989)
In 1976, boxer Rocky Balboa burst onto the scene, along with a cast of supporting characters so richly developed that millions of people felt as if they knew them personally. Anderson versus Stallone concerns what happened when a screenwriter attempted to toss his hat into this fictional boxing ring and came head-to-head with Rocky himself.
Actor Sylvester Stallone wrote the scripts for and starred in the six mega-hit Rocky movies. In 1982, while promoting Rocky III, Stallone told the press about his ideas for a possible Rocky IV movie. It was the height of the Cold War, and Stallone suggested that Rocky could engage in a boxing match against a Russian that could take on global significance as a competition between the United States and the Soviet Union.
Hoping to write the script for this film, screenwriter Timothy Anderson wrote a 31-page treatment of a film entitled Rocky IV, in which Rocky confronts an East German boxer. The plot involved training in various locations in Europe, interactions with the CIA and KGB, and a climactic boxing match just east of the Berlin Wall, at the end of which the East German crowd would cheer Rocky’s victory. Anderson met with MGM execs Art Linkletter and Freddie Fields to discuss this idea.
Stallone ended up writing his own script for Rocky IV, which was released in 1985. The movie pits Rocky against a Russian boxer who kicks off the story by killing Rocky’s rival and colleague Apollo Creed. Challenged to fight the Russian, Rocky travels to Siberia, where he trains by carrying logs in the snow, while the Russian is trained by scientists in a high-tech lab. During the match in Moscow, Rocky gradually wins over the Russian audience, who cheer his eventual victory. Rocky concludes the film with a speech recommending an end to US and Soviet animosity.
Anderson sued Stallone and MGM for copyright infringement, alleging that Stallone and MGM had stolen his story. Stallone asked the court for summary judgment.
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