Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: April 1, 2015
The Firm
201-896-4100 info@sh-law.comHe’s not making them up either. The main villain the in the Russian-language rework “Neulovimye” (Uncatchable) is named Sergei Polyansky. The character is a wealthy businessman, according to the Moscow Times, who, after hitting a young woman with his car in the streets of Moscow, flees rather than sticking around.
The similarities don’t stop at the name and the occupation either. The filmmakers didn’t forget to add Polonsky’s distinctive curly locks to the head of their villain Polyansky, if they did indeed base their villain off of the Russian tycoon. Though he isn’t known to have fled the scene of an accident involving a young woman in Moscow, Polonsky does have a checkered legal history to say the least, and currently is reported to reside in Cambodia, a nation without an extradition agreement with his native Russia, where he is currently in some legal trouble of his own.
While Polonsky didn’t make it clear what he intends to sue for exactly, these kinds of cases have come up plenty of times in the past. For instance, years ago an Iraq War veteran filed charges after claiming Jeremy Renner’s character in “The Hurt Locker” was based on his likeness.
The veteran, Sgt. Jeffrey Sarver, claimed that the “misappropriation” of his name and likeness was a violation of his “right of publicity.” This term describes an individual’s right to control his or her name, image, likeness and other features of a person’s identity. A lawsuit over “right of publicity” generally requires the use of an individual’s name or likeness for commercial gain without his or her permission. Sarver’s case has been dismissed and appealed, but his is also slightly different than the lawsuit Polonsky intends to file.
The character’s name in “The Hurt Locker” was Sergeant First Class William James. However, Sarver did note that other events from his life were used in the movie – both he and the character from the movie worked with units tasked with discovering and disarming explosives in Iraq. Ultimately, his case was dismissed because the movie was considered a “transformative work.” Ultimately, due to the importance of the movie, the First Amendment rights of the film’s creators won out.
The situation regarding similarities between the real Polonsky and the movie character Polyansky are slightly different than Sarver’s case. Similarities between the tycoon and movie villain seem much more obvious. And though Sarver was profiled and featured in publications prior to The Hurt Locker, Polonsky seems to have a bit more long-standing celebrity than he. One thing is for sure. Don’t base any films off Polonsky in the future unless they’re sure to be transformative.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

What Developers Need to Know About New Jersey’s Rent Control Exemption Law to Ensure Entitlement to Exemption for Newly Constructed Multi-family Housing. A property owner in Jersey City is facing a $400 million federal class action lawsuit alleging that the landlord did not follow the procedural steps required to be eligible for exemption from local […]
Author: Patrick T. Conlon

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]
Author: Bryce S. Robins

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]
Author: Jesse M. Dimitro

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]
Author: Bryce S. Robins

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]
Author: Angela A. Turiano

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!