BEVERLY HILLS, Calif., — Imperia Entertainment, Inc. (Pink Sheets: IPEI) announced today that Judge David O. Carter has denied James Hergott’s Motion for Preliminary Injunction against the company and Never Submit, LLC. “In order for an injunction to issue, Hergott has to show there is a reasonable likelihood he would prevail on the merits of his case and that he would suffer irreparable injury if the production were not stopped. The fact that the order has been denied says that he has failed to make these showings,” said Kenneth Eade, company Chairman. This means that production on “Never Submit” is full speed ahead,” he added.
In its opposition, the company pointed out the fact that Hergott cannot claim a copyright infringement for the story and script of “Never Submit, “because, in return for Imperia producing the picture, Hergott, in writing, assigned all of his right, title and interest to the story and the script in exchange for 15% of the adjusted gross proceeds of the picture as well as 15% of any merchandising revenues received. Hergott submitted his first draft of the script to Imperia while President of the company, and Imperia developed the script and covered all the costs of development, pre production, auditions and travel, that Imperia’s Chairman and Creative Director rewrote virtually all of the dialogue in the script, and that Don Dunn, the current director, and Imperia’s production team have since made extensive revisions to it.
Hergott was removed as director of the film, after he made two attempts to re-negotiate the terms of his writer/director agreement and attempted to impose those terms as conditions of his acting as director, for his refusal to comply with federal law requiring aliens to provide to the production company proof of eligibility to be paid within the borders of the United States, “according to Kenneth Eade, Imperia’s Chairman.
ABOUT “NEVER SUBMIT”
“Never Submit “(http://www.neversubmit.com) is a movie set in the world of MMA, or mixed martial arts, starring Ernie Hudson (Ghostbusters) and star MMA fighters Ken Shamrock, Josh Koscheck, Michael McDonald, Mauricio Shogun Rua, and Nate Quarry. “Never Submit “is an inspirational tale similar to “Rocky, “but the lead character is an intelligent young man (as are most fighters competing in this sport) rather than a beaten-down punch-drunk fighter. An amazing cast of characters will round out this film; each from different walks of life; each with his own set of circumstances and motivating factors driving him to his or her personal best. “Never Submit “is a metaphor describing the way these athletes live their lives. Imperia Entertainment has a strategic relationship with TapouT Magazine (http://www.tapoutmagazine.com) as part of a cross-country tour to promote the publication as well as the movie.
ABOUT IMPERIA ENTERTAINMENT
Imperia Entertainment, Inc. (http://www.imperiaentertainment.com) is a company that has emerged as a player in the area of independent film production and distribution, once monopolized by the major film studios. In conjunction with its distribution subsidiary, Imperia International Distribution, the company engages in investing in and producing and distributing full-length feature films. Imperia’s film properties include its feature film, “Say It In Russian “(http://www.sayitinrussianmovie.com), starring Faye Dunaway, and “Never Submit, “starring star MMA fighters Ken Shamrock, Josh Koscheck, Michael McDonald, Mauricio Shogun Rua, and Nate Quarry , and the award-winning “Autograph “television series (http://www.autograph.tv), which airs on the OlympuSAT system.
This press release contains statements, which may constitute “forward-looking statements “within the meaning of the Securities Act of 1933 and the Securities Exchange Act of 1934, as amended by the Private Securities Litigation Reform Act of 1995. Those statements include statements regarding the intent, belief or current expectations of Imperia Entertainment, Inc. and members of its management as well as the assumptions on which such statements are based. Prospective investors are cautioned that any such forward-looking statements are not guarantees of future performance and involve risks and uncertainties, and that actual results may differ materially from those contemplated by such forward-looking statements. Important factors currently known to management that could cause actual results to differ materially from those in forward-statements include fluctuation of operating results, the ability to compete successfully and the ability to complete before-mentioned transactions. The company undertakes no obligation to update or revise forward-looking statements to reflect changed assumptions, the occurrence of unanticipated events or changes to future operating results.
Imperia Entertainment, Inc.
Kenneth Eade: 310-275-0089 or
[email protected]
SOURCE Imperia Entertainment, Inc.
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