A Rockland video production and promotions company has sued a prominent podiatrist for allegedly pirating a commercial.
SR Video Pictures Ltd., Haverstraw, accused Dr. Bruce Pinker and Progressive Foot Care P.C. of copyright infringement, in a complaint filed on May 7 in U.S. District Court, White Plains.
A frame-by-frame comparison of a SR Video commercial produced for Pinker to a new commercial produced by a competitor demonstrates, the complaint states, “substantially similar selection, arrangement, staging, sequencing, framing and audiovisual choices.”
Progressive Foot Care has offices in New City, in Rockland County, and in White Plains.
SR Video has been producing commercials for Progressive Foot Care for 15 years, according to the complaint, often using the tag line, “Hi, I’m Dr. Pinker,” to introduce podiatry procedures such as laser treatment of toenail fungus.
It charged a modest fee, or no fee, to produce the commercials, and collected a percentage of the fees charged by cable TV outlets for placing the commercials.
Last August, SR Video produced a 30-second commercial promoting treatment of bunions, hammer toes, toenail fungus, plantar fasciitis, and diabetic neuropathy.
Pinker notified SR Video on Aug. 21 that a new media agency would manage TV advertising, the complaint states, and allegedly asserted that he owned the commercials that had been produced and would continue to use them.
SR Video replied that it was not paid for the last commercial. It owns the copyright. And it has not authorized reproduction, broadcast, or public dissemination of the work.
Then a new producer, that SR Video has not identified yet, placed a commercial for broadcast on local cable TV channels, the complaint states.
A frame-by-frame comparison of both versions reveals a nearly identical script, according to the complaint, as well as substantially similar structure, scenes, sequencing and expressive elements.
SR Video accused Pinker and Progressive Foot Care of copyright infringement, breach of implied-in-fact contract, and unjust enrichment. It is asking the court to stop the podiatry practice from using the new commercial, order destruction or impoundment of the commercial, and award unspecified monetary damages.
Pinker and Progressive Foot Care did not reply to a message asking for their side of the story.
SR Video is represented by Orangeburg attorneys Angelo Notaro, John Zaccaria, and Alan Federbush.
