A federal lawsuit filed by the Texarkana, Texas-based company that owns rights to the popular "Dr. Phil Show" has been resolved in favor of the popular daytime talkshow host.
Peteski Productions, the company that owns the rights to the "Dr. Phil Show," filed suit last summer against Leah Rothman, a former segment director employed by CBS who was working on Dr. Phil. Rothman accessed a database of video files related to the show and made copies using an iPhone.
Peteski filed suit in the Texarkana Division of the Eastern District of Texas alleging Rothman's motive in infringing Peteski's copyright was to besmirch Dr. Phil McGraw and to line her pockets. Rothman claimed she needed the videos to support claims she mounted in a suit in a California state court alleging false imprisonment, intentional infliction of emotional distress and wrongful termination.
Both suits have been disposed.
U.S. District Judge Rodney Gilstrap signed a "consent order and permanent injunction" Tuesday in the federal case. The order closes the case but allows the court to retain jurisdiction over the matter should Rothman or her associates violate a permanent injunction preventing Rothman from, "infringing Peteski's copyrights by the possession, reproduction, use, offer to sell, sale, display, performance, or distribution of the video or additional videos or any colorable variations thereof that also infringe Peteski's copyrights."
"We're happy, obviously, with the results and we are grateful to all of the attention Judge Gilstrap paid to the case, shepherding through its procedures," said Chip Babcock, a Houston-based lawyer with Jackson Walker law firm. "I think this litigation was a demonstration by Peteski again that it takes its intellectual property rights very seriously."
Babcock said Rothman has returned all copies of Peteski's copyrighted material.
"We wanted her to give them back and agree never to use them again," Babcock said.
Rothman's case in California has been dismissed and cannot be refiled. Babcock said Rothman agreed to dismiss the case in advance of trial and avoided liability for court costs by doing so.
"This was not a settlement. She dismissed the case with prejudice. She wasn't awarded anything by the court or by settlement," Babcock said. "We didn't pay her any money."
Rothman alleged in the California case that McGraw called about 300 employees to a meeting March 11, 2015, to discuss a media leak. Rothman accused McGraw of holding the staffers in a locked room and hurling obscenities at them as security guards manned the doors.
Peteski's lawyers denied that staff weren't free to leave, have said no proof exists that doors were locked and that no physical threats were made in the 20-minute meeting.
Babcock praised the judges in the federal district which includes Texarkana.
"This case amply demonstrates that the judges of the Eastern District are so hard-working that you get a resolution to your case in a matter of months, not years," Babcock said. "That is a very big deal."
Peteski's most recent case in Texarkana federal court is not its first. In 2013, Peteski successfully sued Gawker Media for copyright infringement. The Gawker site Deadspin posted footage from a much-anticipated Dr. Phil episode in advance of its scheduled airing. The case settled for an undisclosed amount in Peteski's favor.
Texarkana lawyers George McWilliams and David Folsom, along with Babcock, filed the suit on Peteski's behalf against Rothman. Babcock and Folsom are members of Jackson Walker and McWilliams operates as a solo practitioner.
Babcock said Peteski moved its headquarters to Texarkana, Texas, about a year ago.