Filmmaker Is Denied TRO in Hairy Suit Against Chris Rock

A California federal judge has declined to grant a temporary restraining order to a movie producer who is suing comedian Chris Rock for allegedly infringing her documentary "My Nappy Roots."

Judge Dale S. Fischer of the U.S. District Court for the Central District of California found it "unlikely" that Regina Kimbell can establish that Rock infringed her film with his recent movie about blacks' hair, "Good Hair."

Kimbell requested the TRO as part of a copyright infringement lawsuit she filed against Rock, his production company, HBO Films and others.

According to the complaint, Kimbell is a filmmaker, producer, photographer and film editor who has worked in the entertainment industry for 15 years.

She says she began researching "My Nappy Roots" in 2002 after helping her teenage daughter make a film project about black hairstyles.

The project inspired her to make a documentary about the history, culture and social issues surrounding the issue of black hair care, she says.

Kimbell completed "My Nappy Roots" in 2006.

According to the complaint, one of Rock's assistants contacted Kimbell in 2007 to tell her that Rock wanted to get involved with the documentary.

After several conversations with the assistant, Kimbell says, she arranged to screen her film for Rock.

After the screening, Rock allegedly told Kimbell that he was doing a "little film" for HBO about black hair and that he had learned a lot from her documentary.

Kimbell says Rock had no intention of helping her and instead used the screening as a means of copying her ideas.

The complaint alleges unfair competition, breach of contract, fraud and deceit.

In their brief opposing the TRO, the defendants say "Good Hair" was conceived long before they allegedly had access to "My Nappy Roots."

The lawsuit is frivolous, and any similarities between the two works are not protected by copyright law, they add.

"In particular, plaintiff cannot claim copyright protection for the general idea of making a documentary about African-American hairstyles," the defendants say.

Judge Fischer agreed that the TRO request lacked merit.

The defendants did not have access to Kimbell's film until June 2007, long after much of "Good Hair" was conceived, he said.

"Good Hair" is a comedic documentary, while "My Nappy Roots" is a serious look at Black hair care, the judge added. Further, the two films lack substantial similarity to establish a likelihood of success on the merits of the complaint.

Finally, the judge questioned why Kimbell, who learned about the public release of Rock's film in August, waited until early October to request a TRO, just days before its scheduled release.

Rock debuted "Good Hair" in January at the Sundance Film Festival.

To comment, ask questions or contribute articles, contact West.Andrews.Editor@ThomsonReuters.com.

Kimbell is represented by Reginald K. Brown in Los Angeles.