NEWS
Hearing scheduled for Ruffian movie lawsuit
Posted: Tuesday, June 05, 2007 1:31 PM
by Pete Denk
Trainer Frank Whiteley Jr., jockey Jacinto Vasquez, and Thoroughbred Legends LLC have filed a lawsuit in United States District Court in Atlanta against the makers of the Ruffian movie that is scheduled to air Saturday night on ABC after the Belmont Stakes (G1).
The suit alleges trademark infringement against Walt Disney Co., ESPN, American Broadcasting Cos. Inc. (ABC), and Orly Adelson Productions. It seeks monetary damages in excess of $10-million and seeks to block broadcast of the movie unless it carries a disclaimer stating it contains fictional content.
A hearing has been scheduled for Thursday, and the two sides are in negotiations.
ESPN released the following statement Tuesday afternoon.
“The claims of the lawsuit are without merit,” ESPN spokesperson Keri Potts said.
Whiteley and Vasquez, both members of the Racing Hall of Fame, declined to sell their stories to ESPN for the movie. Whiteley said he feared the Ruffian story would be commercialized and fictionalized. The two sides also were unable to agree on financial terms, including a request from Ruffian’s connections that ESPN make a donation to Thoroughbred charities.
When the movie was first announced, Whiteley, 92, said he did not think it was a story that needed to be told again.
“I still feel that way, but if the truth is told, it’s OK, but I don’t want a bunch of [bull],” Whiteley said on Tuesday. “I saw Seabiscuit, and I was disappointed in that. I just hope they do Ruffian justice.”
Thoroughbred Legends LLC owns the trademark to Ruffian, according to the lawsuit. Atlanta-based attorney Lee Parks is representing the plaintiffs.
“To [the movie’s makers] Ruffian is just a story that makes sense to broadcast now, given Ruffian’s eternal connection to the Belmont Park racecourse, the upcoming Belmont Stakes (G1), and the national outpouring of sympathy for Barbaro,” Parks said. “But to Racing Hall of Famers like Frank Whiteley and Jacinto Vasquez, Ruffian is not a dollar sign. She was part of their lives, a miracle they will never forget. Ruffian’s story and their life stories are intertwined. Ruffian has indelibly defined who they are.
“It is unimaginable that a television production involving the premier entertainment companies in the world would not understand that reality and either obtain access to those who know the truth to assure accuracy or make clear to the audience the film is fictionalized.”
Ruffian won the first ten races of her career and was named champion two-year-old filly in 1974 and champion three-year-old filly the following year. Whiteley trained her, and Vasquez rode her nine times, including her fatal match race with Kentucky Derby (G1) winner Foolish Pleasure on July 6 at Belmont.
Turf writer Bill Nack, whose book Ruffian: A Racetrack Romance was published this year, received compensation as a consulting producer for the movie, according to the lawsuit, and Nack is a central character in the movie.
The lawsuit accuses Nack of falsely claiming he was a close associate of Ruffian’s human connections and that he had intimate knowledge of the issues regarding Ruffian’s life and death.
Nack could not be immediately reached for comment on Tuesday.
Pete Denk is a Thoroughbred Times staff writer
