From: ian.evans@bville.gts.org (Ian Evans) 
Newsgroups: rec.arts.tv
Subject: Legal Action vs Stiller
Date: 11 Jan 93 01:55:00 GMT
Distribution: world
Organization: Baudeville BBS - Toronto, Ontario, Canada 416-283-0114
Reply-To: ian.evans@bville.gts.org (Ian Evans) 

Toronto Producer Takes Legal Action Against Fox Network
=======================================================

Toronto TV producer Steven Kerzner has begun legal action against the Fox
Network comedy program, "The Ben Stiller Show" for copyright infringement.

The infringement surrounds Mr. Kerzner's copyright on TV's nastiest, cigar-
smoking sock puppet, Ed.  Ed, the star for the past 2 1/2 years of the
Metro Cable Network's hit comedy program, THE LATE LATE SHOW, has also been
seen on CFTO-TV News, MuchMusic, and CFRB radio.  In addition, Ed has just
been licensed to a Toronto company that will be mass-producing Ed T-shirts,
baseball hats, buttons, keychains and earrings, and as of January 1st,
1993, has a fan club with nearly 3000 members.

Obviously, Ed's popularity and viability as a TV product was not lost on
Judd Apatow and Ben Stiller, producers of "The Ben Stiller Show", who
recently began using and Ed rip-off, called "Skank", to shore up their
anemic ratings.

"There's no doubt that 'Skank' is a direct steal of Ed," says Ed cre-
ator/producer Steven Kerzner.  "Ed is a grey, cigar-smoking, round-eyed
sock puppet who's slightly seedy and extremely nasty.  Skank is a grey,
cigar-smoking, round-eyed sock puppet who's slightly seedy and extremely
nasty.  The similarities are too pronounced for coincidence."

Add to this the fact that the Fox Network's Los Angeles flagship TV station
was sent an Ed demo tape in 1990, and that recent TV guide descriptions of
"Skank" bill him as "Skank the Sock", a direct steal from the "Ed the Sock"
title that has been in frequent use in Toronto, especially during this past
summer's live "Ed Show" at Toronto's Yuk Yuk's Comedy Cabaret.

And, THE LATE LATE SHOW's former co-host, Harland Williams, now based in
L.A., has been showing episodes of the show to his comic colleagues in Los
Angeles for the last year.

Barry Seltzer, Mr. Kerzner's lawyer, reports that though a letter was
couriered to Ben Stiller and Judd Apatow proir to Christmas 1992, no
response has yet been received.  The letter, which directed the Stiller
producers to cease and desist further use of 'Skank', also offered the
possibility of a licensing deal.  A reply is expected shortly, and lawyer
Seltzer has commented that there is no doubt that Mr. Kerzner will "exhaust
all legal remedies" to protect his copyright.

Ed was created by Mr. Kerzner in late 1986 when, as Program Director for a
Toronto-area TV station, he came up with Ed as a last-minute idea to fill
space in a weekly comedy show left open by a guest's cancellation.  From
there, Ed went on to acheive local fame on the Metro Cable Network, then
provincial and national attention through CFTO-TV and MuchMusic.

As a sidebar, Mr. Kerzner reports that he first was made aware of "Skank"
by Ed fans, who called wondering why Ed had a different name on the Fox
show.  "That's how exact a copy 'Skank' is," Kerzner adds.

For more information, please call:

Steven Kerzner Producer/Creator "The Late Late Show" 
416-223-7303

Barry Seltzer, B.A., LL.B.
Barristor & Solicitor
416-265-1500

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