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Sometime in 1993, petitioner and Thurmond were approached by
Don Kirshner (Kirshner), a noted song publisher, entertainment
promoter, and agent, to exploit rights Kirshner had to various
entertainment assets. Kirshner had been the host and creator of
a weekly rock concert program on national television called “Don
Kirshner’s Rock Concert” (Rock Concert) from 1972 to 1983 and
possessed rights to about 185 to 200 hours of programming from
the Rock Concert as well as “Don Kirshner’s Comedy Hour” that had
never been rebroadcast or licensed.
Petitioner, Thurmond, and Kirshner agreed to establish
business entities that would obtain a license from Kirshner to
exploit rights to “Don Kirshner’s Rock Concert”, the name “Don
Kirshner”, and his likeness, together with extensive
entertainment memorabilia. These tangible and intangible
properties were collectively known as the Kirshner properties.
Beginning with the license from Kirshner for the Kirshner
properties as a base, the various Kirshner entities were also
envisioned as a base for acquiring, managing, producing, and
distributing entertainment software in various forms.6
On or about May 12, 1995, Kirshner and the Equisource Group
(petitioner and Thurmond) signed a venture agreement to form
6 According to petitioner, the various Kirshner entities
were known collectively as “Kirshner Content”, which is not to be
confused with the Don Kirshner Content, Inc., one of the
entities. See infra.
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