Borat, Movies, Pranks, Sexual Harassment, Television

A Borat Litigation Update

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It’s only a matter of time before BNA starts publishing a Borat Law Reporter. There have been a few developments in this area since we last checked in.
First, a victory for the defendants:

Two college fraternity buddies shown guzzling alcohol and making racist remarks in the “Borat” movie have lost their bid for a court order to cut the scene they claim has tarnished their reputations….

At the time the suit was filed, a judge denied the pair’s request for a temporary restraining order that would remove footage of them from the film, but the plaintiffs were given a another chance to seek an injunction at a hearing last week.

The South Carolina college students lost again when Los Angeles Superior Court Judge Joseph Biderman ruled they had failed to show a reasonable probability of success on the merits of their case or that money damages alone would be insufficient to resolve their claims.

Second, another lawsuit, based on Borat footage that didn’t make the movie (but was shown on TV):

A South Carolina man has sued Ristorante Divino, claiming that it allowed a “Borat” film crew to film him while using the restaurant’s bathroom. The man also is suing Sasha Baron Cohen, the actor who played Borat, who he said made comments about his genitals. Comedy Central also is named in the lawsuit for showing the clip, which was not included in the movie.

This might be one of the more meritorious Borat lawsuits. The plaintiff is somewhat sympathetic, at least if the Althouse commenters are a representative bunch. And it’s not clear if he signed a release, as did the frat boys.
Borat has made a ton of money — over $225 million in worldwide grosses. Maybe 20th Century Fox should take some of that loot and use it to set up a Borat Litigation Trust?
L.A. judge sides with “Borat” against frat boys [Reuters]
S.C. man sues Columbia restaurant over ‘Borat’ movie [The State via Althouse]
Earlier: Prior ATL coverage of Borat (scroll down)

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