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.

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]
Author: Sean M. Pena

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]
Author: John D. Giampolo

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Author: George McGowan

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
Author: Marc J. Comer

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
Author: George McGowan

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]
Author: Sean M. Pena
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!