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Q: Who owns the rights to the DVD "Ultimate DVD Gold (1999) " ( Answered,   2 Comments )
Question  
Subject: Who owns the rights to the DVD "Ultimate DVD Gold (1999) "
Category: Miscellaneous
Asked by: moknows-ga
List Price: $5.00
Posted: 15 Oct 2003 06:47 PDT
Expires: 14 Nov 2003 05:47 PST
Question ID: 266464
The company "Unapix Entertainment, Inc.  (AMEX: UPX)" originally sold
this DVD. However in 2000 there was a class action suite against them
it looks like they have ceased to exist. Neither their website or
phone work (www.unapixent.com
212-252-7600) However Amazon and others still sell this DVD. Who
currently owns the rights to this work??
Answer  
Subject: Re: Who owns the rights to the DVD "Ultimate DVD Gold (1999) "
Answered By: denco-ga on 16 Oct 2003 13:30 PDT
 
Howdy moknows,

First, we can use the United States Patent and Trademark
Office's (USPTO) Trademark Electronic Search System (TESS)
to find the trademark holder for the phrase "Ultimate DVD."
http://www.uspto.gov/

At the above web page, click on "Search" under "Trademark."
On the next web page, click on "New User Form Search (Basic)."
On the next page, and in the "Search Term:" box, type in,
with the quotes:

"Ultimate DVD"

Then click on the "Submit Query" button.

The above search results in the following information, which
contains information you already knew.

"Word Mark   ULTIMATE DVD DEMO
Goods and Services  IC 009. US 021 023 026 036 038.
G & S: Digital video disc samplers featuring video clips
and music videos to demonstrate the features of digital
video discs.
FIRST USE: 19980107.
FIRST USE IN COMMERCE: 19980107
UNAPIX ENTERTAINMENT, INC.
CORPORATION DELAWARE
200 Madison Avenue
24th Floor
New York NEW YORK 10016"

We can use the United States Copyright Office's search facility
to find out who owns the copyright to the "Ultimate DVD."
http://www.copyright.gov/records/cohm.html

On the above web page, select "Title" and type the following
in the "Enter search ..." box, and click on the Search button.
Please note it is without quotes.

Ultimate DVD

This produces several results, two of which are:

"ULTIMATE DVD DEMO (2 items)
ULTIMATE DVD DEMO-INSTANT GRATIFICATION (1 item)"

Selecting and displaying the above gives us:

"ITEM 1. PA-816-282: Ultimate DVD demo.
...
Unapix Entertainment, Inc.
...
ITEM 2. PA-935-260: Ultimate DVD demo.
...
Simitar Entertainment, Inc. ...
Unapix Entertainment ...
Richard Diercks Company ..."

We now have a new player to the game, the Richard Diercks
Company also known as RADCO.  More on the involvement of
RADCO with the "Ultimate DVD" from the DVDauthor.com website,
which is owned by none other than ... RADCO.
http://www.dvdauthor.com/mainpress_400.htm

"Other noteworthy titles include The Ultimate DVD Demo Disc
for Unapix/Miramar, compilation of over 150 commercial on
a single, easily accessible disc ..."

I contacted RADCO and their response was the "Ultimate DVD"
was being produced by Simitar, but when Simitar went out of
business the product went back to Unapix.  After Unapix went
under, a company named Ardustry picked up (at least, part of)
their catalog, and it appears that the "Ultimate DVD" was one
of the titles they received, and then discontinued.

This Home Theater Info website's "Discontinued" listing
supports the "ownership" and "discontinued" information.
http://hometheaterinfo.com/discontinued_u-z.htm

"Ultimate DVD: Gold Ardustry ... 1999"

From the above, there was also the following, at one time.

Ultimate DVD: Gold 4.5  Ardustry ... 1999"
Ultimate DVD: Platinum  Ardustry ... 1999"
Ultimate DVD: Silver  Ardustry ... 1999"

Fortunately, this, at long last, leads us to our Answer.
The "Ultimate DVD" has copyright issues.  Several copyright
issues, it appears.

I contacted Ardustry, and they confirmed what RADCO had
suggested was the case.  By the nature of the content of the
"Ultimate DVD" being various commercials, with music, etc.
that each have clearance and copyright issues themselves,
there are at least portions of the "Utltimate DVD" that
appear to still have clearance and copyright issues, at
least at this point.

What content of the "Ultimate DVD" that had been or could have
been licensed, if anything, appears to be owned by Ardustry
Home Entertainment. They made it clear, at least at this point,
they have neither the facilities nor desire to clear what problems
might still exist.

So, considering that this is a DVD that was discontinued in
1999, and since it is very doubtful that new (produced by
Ardustry, et al) copies were found in a warehouse, I will let
you draw your own conclusion about the legitimacy of any copies
you might see on Amazon, etc.

From their website, here is the Ardustry contact information.
http://www.ardustry.com

"Ardustry Home Entertainment
15910 Ventura Blvd Suite 900
Encino, CA 91436

(818) 784-3337 (tel)
(818) 784-0461 (fax)
aheinfo@ardustry.com"

If you need any clarification, feel free to ask.


Search Strategy:

Used the USPTO and US Copyright websites.

Google search on: "Richard Diercks Company"
://www.google.com/search?q=%22Richard+Diercks+Company%22

Google search on: Ardustry
://www.google.com/search?q=Ardustry

Greatly appreciate your patience with this!

Looking Forward, denco-ga
Comments  
Subject: Re: Who owns the rights to the DVD "Ultimate DVD Gold (1999) "
From: denco-ga on 15 Oct 2003 10:29 PDT
 
Howdy moknows,

I have what I think is a very good lead, and have
sent email to get more information.

If another Researcher finds something before I get
a response, they will be able to post it as an Answer.

Looking Forward, denco-ga
Subject: Re: Who owns the rights to the DVD "Ultimate DVD Gold (1999) "
From: denco-ga on 15 Oct 2003 12:25 PDT
 
Howdy moknows,

I have heard back from my good lead, and they have
given me some further details which I am following
up right now.

Appreciate your patience, denco-ga

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