IP Law Daily, COPYRIGHT NEWS: ‘Miss Cleo’ intellectual property holder complains A&E TV infringed and defamed, (Oct 31, 2024)

By Justin Marcus Smith, J.D.

Beyond copyright and trademark infringement concerns, the complaint asserted that “Miss Cleo: Her Rise and Fall” defamed the plaintiff and its officers.

Psychic Readers Network, Inc. (PRN), a Delaware corporation based in Florida, has sued A&E Television Networks (A&E) and Hillionaire Productions, LLC (Hillionaire) in connection with an A&E film entitled “Miss Cleo: Her Rise and Fall” about the late-1990s tarot-card reading television commercial personality “Miss Cleo.” PRN acknowledged that Youree Dell Harris portrayed the Miss Cleo character; however, PRN alleged it created the character and eventually registered or acquired direct ownership of all copyright and trademark rights thereto (the Miss Cleo Creatives). PRN complained the film “freely copies and recreates [PRN] copyrighted materials” including the “look and feel” of PRN’s well-known television commercials of the late 1990s that featured the Miss Cleo spokescharacter. PRN alleges that A&E and Hillionaire misused the PRN Miss Cleo Creatives and defamed PRN and PRN executives in the process. PRN’s five-count complaint seeks damages, an accounting, imposition of a constructive trust, and injunctive relief. PRN said it provided a DMCA notice to A&E but it did not receive a response (Psychic Readers Network, Inc. v. A&E Television Networks, LLC , No. 1:24-cv-08155-DEH (S.D.N.Y. filed Oct. 28, 2024)).

Rights asserted. PRN alleged it selected Harris’ “wardrobe, set design, dialect and wrote the scripts and otherwise was entirely responsible for the ‘look’, ‘feel’ and ‘sound’ the public associates with Miss Cleo[.]” PRN said it even coined the name Miss Cleo. PRN said it “disseminated the Miss Cleo Creatives nationwide and was entitled to all revenues arising therefrom.” PRN said it spent more than $100 million in advertising and promoting its telephone psychic services by means of the Miss Cleo Creatives.

PRN appeared to stress that attorney William J. Cone represented Harris when it negotiated an agreement to compensate her for her participation in PRN psychic services marketing. PRN said Harris provided advice that included technical assistance on “accurately utilizing tarot cards in marketing media.” PRN said it created the Miss Cleo persona for Harris to portray as a spokesperson for its business. However, PRN urged that Ms. Harris “held no rights whatsoever to the Miss Cleo trademark or Miss Cleo Creatives.” PRN characterized her services as “works for hire.” At length, PRN alleged specific relevant copyright and trademark registrations and how it came to acquire them.

The film. PRN said the film copyied the Miss Cleao copyrighted materials without authorization or permission. The film aired on A&E’s Lifetime Network on or about August 10, 2024. PRN said USTVDB statistics indicated the film had a debut audience of 389,000. PRN said A&E is also making the film available for rent or purchase from outlets that include Amazon Prime.

Beyond PRN’s stated infringement concerns, it additionally alleged that the film, contrary to its billing as telling the “true” Miss Cleo story, is “replete with false statements and inaccuracies.” For example, PRN said it was “not found to have violated any laws” and that it “resolved any actions” related to the Miss Cleo brand without any admission of wrongdoing. PRN alleged Harris “never worked in a on-premises call center” and did not create or have any rights to the Miss Cleo character. PRN stressed again that it “worked at all times to protect Ms. Harris.”

PRN further complained that that the film used its name and the actual names of its officers despite the customary fictionalization disclaimer at the end. PRN continued that “[t]he false portrayal of an officer of PRN as a drunken, ruthless Wall Street CEO is totally inaccurate and offensive.”

Formal claims. The complaint consists of five counts: (1) copyright infringement under 17 U.S.C. §§ 106 and 501; (2) federal trademark infringement under 15 U.S.C. § 1114); (3) deceptive and unfair trade practices under New York law; (4) unjust enrichment; and (5) defamation.

Relief sought. The PRN complaint seeks statutory, compensatory, and punitive damages; an accounting; imposition of a constructive trust; injunctive relief prohibiting the defendants from continuing to infringe on its copyright and trademark rights to the Miss Cleo Creatives; and, pre-judgment interest, costs, and attorney’s fees. PRN demanded a jury trial.

The Case is No. 1:24-cv-08155-DEH.

Judge: Ho, D.

Attorneys: Joel Robert Dichter (Dichter Law LLC) for Psychic Readers Network, Inc.

Companies: Psychic Readers Network, Inc.; A&E Television Networks, LLC; Hillionaire Productions, LLC

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