SANTA ANA, Calif. (CN) - A man who claims he helped B.B. King get a star on the Hollywood Walk of Fame sued the King of Blues in Federal Court, for the right to use King's name "without limitations or restrictions" in a movie called "B.B. King and I."
King Size Film Productions sued Riley B. King and KingsID Ventures, seeking declaratory judgment that his film title does not violate or dilute King's trademarks or infringe on his publicity rights, and does not constitute unfair competition.
"Plaintiff KFSP brings this action in response to defendants' heavy-handed and misguided attempts to prevent KSFP from proceeding with the production, distribution, public display, and marketing of a film currently entitled 'B.B. King and I,'" the 28-page complaint begins. "Specifically, defendants alleged KSFP's proposed use of the term 'B.B. King' and BB's name and likeness violate defendants' rights and constitute, inter alia, trademark and right of publicity infringement, cybersquatting, and unfair competition. They have demanded plaintiff immediately cease and desist with its efforts on the film. To protect plaintiff's basic first amendment right to tell the true story of Michael Zanetis' (the 'I' in 'B.B. King and I') life and his inspirational relationship with B.B. King, this declaratory relief action is, unfortunately, needed."
King Size, based is San Juan Capistrano, is the only plaintiff, though the complaint refers to Zanetis throughout. Attached as an exhibit is a July 28, 2011 cease-and desist letter from King's attorney in Las Vegas, where the musician lives.
"Given the three decades of friendship shared between B.B. and Zanetis and the previous encouragement, if not outright approval, B.B. had given to the film, the letter came as a complete surprise," Zanetis says his complaint.
According to the complaint: "The story of Michael Zanetis' life is inextricably interwoven with the story of his relationship with B.B. King."
Zanetis acknowledges in the complaint that when he moved with "the love of his life" in 1977 "from the farmlands of Indiana to the beaches of California in pursuit of a dream - a career in the music business ... B.B. King had already firmly established himself as a global music icon. ...
"Through a chance meeting arranged (unbeknownst to Zanetis) by B.B.'s son, Willie, in 1980, Zanetis and King would form an unlikely but enduring relationship - one that spanned over three decades and numerous high and low points in the lives of both individuals.
"Over the years, B.B. was involved in some of the most critical events - both triumphant and tragic - in Zanetis' life. B.B. inspired Michael's career in the music industry, helped Michael cope with the untimely passing of his father, encouraged him in his business plans and even performed at the opening of Michael's Supper Club, the legendary venue through which Zanetis made his indelible mark on Southern California's sonic landscape.
"Meanwhile, Michael did his own small part to thank B.B. for all his friendship and kindness. In the days after the passing of B.B.'s own father, Michael made a remarkable promise to B.B.: that he would stop at nothing until B.B. was awarded a star on Hollywood's immortal Walk of Fame. Although such recognition would represent an unusual, if not rare, honor for a blues musician, Michael would not relent and, ultimately, he delivered on his word.