SOURCE: The Gene Kelly Legacy, Inc.

August 19, 2016 14:40 ET

Gene Kelly's Widow to Continue Fight to Protect Husband's Intellectual Property

LOS ANGELES, CA--(Marketwired - August 19, 2016) - In what amounts to an interim decision, a United States District judge has dismissed "without prejudice" a copyright infringement case brought by Gene Kelly's widow, Patricia Ward Kelly, against defendant Kelli Marshall, who announced in March 2016 that she was editing a "forthcoming" book of Gene Kelly interviews, and the University Press of Mississippi, who, after receiving two "cease and desist" letters from Mrs. Kelly's counsel, announced it was going forward with publication. The decision was based upon the jurist's conclusion that the case was not "ripe" for decision, because the editor declined to reveal which of over 30 copyrighted interviews would be in included in the book and claimed she was still attempting to obtain licenses to republish the interviews. This means that Mrs. Kelly is free to bring another infringement action at any time.

Asked to comment about the decision, Mitchell N. Reinis of Thompson Coburn, LLP, attorney for Mrs. Kelly, said, "Our client takes the willful infringement of Gene Kelly's intellectual property very seriously and is prepared to pursue violations to the full extent of the law. Mr. Kelly was very specific about how he wanted his intellectual property used to further his legacy. He entrusted his wife to execute his wishes and to protect the rights to his property. Mrs. Kelly has reiterated her intent to continue to protect her husband's words under the clear and controlling language of the Copyright Act and to sue again should the defendants be brazen enough to move forward with an infringing book."

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