The lawsuit is being brought by Sherwood 48 Associates, the
owner of the Times Square building, and Super Sign, a billboard
business. The lawsuit claims unfair competition, deceptive trade
practices and trespass.
Sherwood and Super Sign claim that their sign at Two Times
Square, measuring 45 feet high by 40 feet wide, is “the world’s
premier advertising space.” The lawsuit argues:
“Due to the unbelievable exposure and
residual value of the advertisements, Two Times Square often
constitutes the centrepiece of a corporation’s advertising and
branding campaigns. If [Sony and Columbia’s] conduct is allowed to
continue, it is less likely that major corporations and advertisers
will contract for advertising space at Two Times Square, 1600
Broadway, or Sherwood’s other properties because the amount of
exposure and, therefore, the residual value of their advertising,
will be diminished.”
It also contends that current advertisers now wrongly believe
that Sherwood is selling the same ad space to different advertisers
in different mediums.
The modified sign appears three times in a recently released
trailer for the movie. The lawsuit seeks a court order for the
destruction of all copies of the movie trailer showing the amended
sign and an order against any further amendments of its ads, in
addition to compensatory and punitive damages.
The movie is due for release in the US on 3rd May.