LACHTMAN COHEN & BELOWICH LLP SECURES INJUNCTION FOR PAUL NEWMAN’S DAUGHTERS IN LAWSUIT AGAINST NEWMAN’S OWN FOUNDATION

Lachtman Cohen & Belowich LLP is representing Susan Newman and Nell Newman, daughters of the late actor Paul Newman, in a lawsuit against Newman’s Own Foundation (“NOF”). The lawsuit alleges that Mr. Newman granted the rights to his name, image and likeness and other publicity and intellectual property rights to his charitable foundation, which is funded primarily by profits generated by the Newman’s Own brand’s line of products, on the condition that the foundation allocate $400,000 per year to each of his “Daughters’ Foundations” for his daughters to donate to charities identified by them pursuant to specific rules.

The lawsuit further alleges that, in the years since Mr. Newman’s death, the foundation has disregarded his specific intentions and direction in numerous respects including, among other things, improperly cutting in half the amounts that should be donated at Mr. Newman’s children’s direction and licensing his Publicity and IP Rights to non-food products.

Most recently, we obtained a temporary injunction from the Connecticut Superior Court prohibiting NOF from licensing Paul Newman’s image and likeness for non-food products, specifically blocking the sale of the “Special Edition Wet Brush X Newman’s Own Pro Detangler in Deep Blue.”

A recent Law360 article discussed the Court’s ruling. To read the full Law360 article, click here: Newman’s Own Hairbrush License Deal Barred By Conn. Court – Law360.

The lawsuit does not seek personal compensation for Mr. Newman’s daughters. Rather, it asserts claims on behalf of the Newmans individually, as beneficiaries of their father’s estate, and as trustees of certain trusts established by his estate plan, for breach of fiduciary duty seeking
damages to be donated to charities in keeping with their father’s wishes, the imposition of a constructive trust, and a declaratory judgment to require NOF to comply with Mr. Newman’s instructions immediately and prospectively. The lawsuit also seeks a permanent injunction enjoining NOF from using Mr. Newman’s Publicity and IP Rights in connection with non-food products.

The Newmans are represented by Brian S. Cohen of Lachtman Cohen & Belowich LLP and Andrew L. Lee of Foley & Lardner LLP.

The case, Susan Kendall Newman, et al. v. Newman’s Own Foundation, is pending in Connecticut Superior Court in the Judicial District of Stamford-Norwalk before the Honorable Sheila Ozalis, Docket No. FST-CV22-6058968-S.

Statement from Brian Cohen:

“We are proud to represent Paul Newman’s daughters, Susan Newman and Nell Newman, in this important case that seeks to protect their legendary father’s philanthropic legacy and his plan to ensure that it live on through his family. We believe that justice will prevail, the foundation’s ongoing obligation to fund charitable giving by the Daughters’ Foundations will be fully enforced, and the Court’s temporary injunction prohibiting the foundation from licensing Mr. Newman’s image and likeness for non-food products will become permanent.”