SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

BEVERLY LEE, THE ESTATE OF DORIS COLEY JACKSON, THE ESTATE OF ADDIE HARRIS MCFADDEN, CHUCK JACKSON, AND DIONNE WARWICK,

Plaintiffs,

-against-

WARNER BROS. THEATRE VENTURES INC., WARNER BROS. ENTERTAINMENT INC., and BROADWAY BABY LLC,

Defendants.

INDEX NO.

SUMMONS

Plaintiff designates New York Countyas the place of venue pursuant to CPLR 503

To the above-named Defendants:

WARNER BROS. THEATRE VENTURES INC., WARNER BROS. ENTERTAINMENT INC. AND BROADWAY BABY LLC

You are hereby summoned to answer the complaint in this action and to serve a copy of

your answer, or, if the complaint is not served with this summons, to serve a notice of

appearance, on Plaintiffs’ Attorneys within 20 days after the service of this summons, exclusive

of the day of service (or within 30 days after the service is complete if the summons is not

personally delivered to you within the State of New York), and in case of your failure to appear

or answer, judgment will be taken against you by default for the relief demanded in the

complaint.

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK

BEVERLY LEE, THE ESTATE OF DORIS COLEY JACKSON, THE ESTATE OF ADDIE HARRIS MCFADDEN, CHUCK JACKSON, AND DIONNE WARWICK,

Plaintiffs,

-against-

WARNER BROS. THEATRE VENTURES INC., WARNER BROS. ENTERTAINMENT INC. and BROADWAY BABY LLC,

Defendants.

INDEX NO.

Summary of the Action

1. By this complaint, plaintiffs—among the most famous American performers of

the 1950’s and 1960’s—seek redress for the brazen unauthorized use of their names and

likenesses in connection with Defendants’ new Broadway show, “Baby It’s You.”

Plaintiffs, having been cheated out of their royalties when they were young and popular,

are now victimized again. Defendants are cashing in on Plaintiffs’ stories and successes,

while using Plaintiffs’ names, likenesses, and biographical information without their

consent and in violation of the law.

Parties

2. Plaintiff Beverly Lee (“Lee”) is a citizen of the State of New Jersey.

3. Plaintiff The Estate of Doris Coley Jackson (the “Coley Estate”) is an estate

organized under the laws of the State of New Jersey.

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4. Plaintiff The Estate of Addie Harris McFadden (the “Harris Estate”) is an estate

organized and existing under the laws of the State of California.

5. Plaintiff Chuck Jackson (“Jackson”) is an individual residing in the State of New

York.

6. Plaintiff Dionne Warwick (“Warwick”) is an individual residing in the State of

New Jersey.

7. Plaintiffs are informed, believe and thereon allege that Defendant Warner Bros.

Entertainment Inc. (“WBE”) is a corporation organized and existing under the laws of the

State of Delaware and maintains a principal place of business at One Time Warner

Center, New York, New York.

8. Plaintiffs are informed, believe and thereon allege that Defendant Warner Bros.

Theater Ventures Inc. (“WBT”) is a corporation organized and existing under the laws of

the State of California and maintains a principal place of business at 818 West 7th Street,

Los Angeles, California. Upon information and belief, WBT has purposefully availed

itself of the benefits and protections of the laws of the State of New York and has and

continues to transact substantial business in the County of New York, State of New York,

including, inter alia, engaging in the acts alleged herein.

9. Plaintiffs are informed, believe and thereon allege that Defendant Broadway Baby

LLC is a corporation organized and existing under the laws of the State of Delaware and

maintains a principal place of business at 235 W. 44th St., New York, New York. Upon

information and belief, Broadway Baby LLC has purposefully availed itself of the

benefits and protections of the laws of the State of New York and has and continues to

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transact substantial business in the County of New York, State of New York, including,

inter alia, engaging in the acts alleged herein.

Facts Common to All Causes of Action

The Shirelles

10. The musical group The Shirelles was originally formed in 1958 in Passaic, New

Jersey, by four high school friends: Lee, Doris Coley (later Doris Coley Jackson)

(“Coley”), Addie “Micki” Harris (later Addie Harris McFadden) (“Harris”), and Shirley

Owens.

11. The Shirelles were the first major female vocal group of the so-called “rock-n-roll

era,” defining what has been called the “girl group sound” with their soft, sweet

harmonies and yearning innocence. The Shirelles’ music was a blend of pop/rock and

rhythm and blues (“R&B”)—especially doo wop and smooth uptown soul—that appealed

to listeners across the board. The Shirelles’ success was unprecedented, creating a

musical blueprint that had an enduring influence on future generations of female pop

singers.

12. The Shirelles’ recording of “Will You Love Me Tomorrow,” released in late

1960, became a number one hit, making them the first all-female group to accomplish

that feat. The success of “Will You Love Me Tomorrow” helped send a re-release of a

prior recording, “Dedicated to the One I Love” into the top five on both the pop and R&B

charts in 1961, and their next release, “Mama Said” was equally successful. Their

recording “Big John,” also went to number two on the pop charts that year.

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13. The Shirelles’ success continued in 1962, most notably with “Soldier Boy,” which

became a number one hit. The Shirelles also had a top ten pop and R&B hit with a

recording of the song “Baby It’s You.”

14. The Shirelles continued to release songs and albums throughout the mid and late

1960’s. The group went on to record material for the film It’s a Mad, Mad, Mad, Mad

World, headlined the first integrated concert show in Alabama, and helped introduce a

young Dionne Warwick to the female pop scene.

15. The Shirelles had 13 songs that were in the top 40 of the pop and/or R&B charts,

and appeared in the 1973 documentary Let the Good Times Roll.

16. Harris died of a heart attack during a performance in Atlanta, Georgia on June 10,

1982.

17. The Shirelles were officially inducted into the Rock and Roll Hall of Fame in

1996.

18. Coley passed away after a bout with breast cancer in Sacramento, California on

February 4, 2000.

19. In 2004, Rolling Stone Magazine ranked The Shirelles #76 on their list of the 100

Greatest Artists of All Time.

20. “Will You Love Me Tomorrow?” and “Tonight’s the Night” both made Rolling

Stone’s list of The 500 Greatest Songs of All Time.

21. In September 2008, the Shirelles’ hometown of Passaic, New Jersey honored the

group by renaming a section of Paulison Avenue between Passaic and Pennington

Avenues (the section where Passaic High School is located) “Shirelles Boulevard.”

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22. Lee owns the trademark to the name “The Shirelles” and continues to perform as

“The Shirelles.”

Dionne Warwick

23. Dionne Warwick is one of the most well-known and legendary recording artists in

the world, performing for millions of fans worldwide.

24. Beginning in 1962 with her recording of “Don’t Make Me Over,” Warwick saw a

string of Gold selling albums and Top 20 and Top 10 hit singles throughout the 1960’s.

Altogether, Warwick has more than 40 songs that have reached the top 40 in the pop,

R&B and Adult Contemporary charts, both in the United States and abroad. According

to Billboard Magazine, Warwick ranks second only to Aretha Franklin as the most

charted female vocalist with 56 singles making the Billboard charts.

25. Warwick has won Grammy Awards for the songs “The Valley of the Dolls”

(1968), “I’ll Never Love This Way Again” (1979), “Déjà Vu” (1979), “We Are the

World” (1985) and “That’s What Friends Are For” (1986), as well as for the album “I’ll

Never Fall In Love Again” (1970).

26. In 1964, 1966, 1967, 1968, 1969, 1970 and 1971, Warwick was rated as the No. 1

or No. 2 female vocalist (for R&B or pop music) by CashBox Magazine. In each of

those years, she also was ranked the No. 1 female vocalist by the National Association of

Record Merchandisers.

27. Warwick’s songs and performances are in the Grammy Hall of Fame and have

been rated as among the best songs of the 20th Century by the Recording Industry

Association of America.

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28. Warwick has received a variety of music related awards and honors, including the

NAACP Image Awards Entertainer of the Year, the ASCAP Lifetime Achievement

Award, election to the National Academy of Popular Music/Songwriters Hall of Fame,

the ASCAP Heroes Award, the Rhythm & Blues Foundation-Lifetime Achievement

Award, and the National Music Foundation-Cultural Impact Award.

29. Warwick won the first People’s Choice for Favorite Female Singer in 1975.

30. Warwick’s recording of “That’s What Friends Are For,” to benefit the American

Foundation for AIDS Research (AmFAR) raised millions of dollars and was ranked by

Billboard Magazine as the most popular song of 1986.

31. Warwick has appeared on television shows numerous times, starting with The

Dionne Warwick Chevy Special in 1969, and Solid Gold in 1980-81 and 1985-86. In

2005, Warwick was honored by Oprah Winfrey at her Legends Ball, and in 2006,

Warwick appeared on the fifth-season finale of American Idol.

32. Warwick has also received a great deal of recognition for her humanitarian

contributions as well as her promotion of women’s rights. In 1987, Ronald Reagan

appointed Warwick as the United States Ambassador of Health. Warwick was nominated

Goodwill Ambassador of the Food and Agriculture Organization of the United Nations

(2002), the Women’s World Award-Lifetime Achievement Award (2003) and the

Starlight Foundation’s Humanitarian of the Year Award (2005). The Lincoln Elementary

School in East Orange, New Jersey, honored her by renaming it the Dionne Warwick

Institute of Economics and Entrepreneurship.

33. Warwick continues to perform and record.

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Chuck Jackson

34. In the late 1950’s, Jackson sang with one of the most famous “doo wop groups,”

of all times, the Dell-Vikings.

35. After performing with Jackie Wilson’s Revue, Jackson was signed to Scepter

Records, along with The Shirelles and Warwick.

36. Jackson recorded a variety of hits including “I Don't Want to Cry,” “Any Day

Now,” “I Keep Forgettin,’” and “All Over the World.”

37. Although Jackson had only two recording which reached the top 40 of the pop

charts, Jackson had 14 recordings which reached the top 40 of the R&B charts.

38. Jackson continues to perform today and in addition to his music career, he works

tirelessly to mentor young adults in New York City.

The Play “Baby It’s You”

39. Plaintiffs are informed, believe and thereon allege that Defendants are producing

a Broadway Play called “Baby It’s You” (the “Play”).

40. Plaintiffs are informed, believe and thereon allege that the Play has been

advertised and promoted as “The Shirelles Musical.”

41. Plaintiffs are informed, believe and thereon allege that the Play is based upon the

lives, careers, recordings and success of, inter alia, Plaintiffs.

42. Plaintiffs are informed, believe and thereon allege that the Play uses Plaintiffs’

names, likenesses, and biographical information (the “Objectionable Uses”).

43. Plaintiffs are informed, believe and thereon allege that the Objectionable Uses are

used in connection with the promotion of the Play.

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44. Plaintiffs are informed, believe and thereon allege that the Play will officially

open at the Broadhurst Theater, 235 West 44th Street, in Manhattan, on or about April

27, 2011.

First Cause of Action for Violation of the New York Civil Rights Law § 51

45. Plaintiffs incorporate herein by reference, to the extent applicable, each and every

allegation contained hereinabove.

46. Plaintiffs are informed, believe and thereon allege that their names, likenesses,

and biographical information have been used within this State for purposes of advertising

and or for purposes of trade.

47. Plaintiffs are informed, believe and thereon allege that all of the foregoing uses

have been in connection with the Play and/or promotion of the Play.

48. Plaintiffs are informed, believe and thereon allege that all such uses were done by,

at the direction of, and/or for the benefit of Defendants.

49. Plaintiffs have not provided their written consent for the use of their names,

likenesses and biographical information.

50. Plaintiffs are informed, believe and thereon allege that Defendants’ actions were

undertaken notwithstanding their knowledge that Plaintiffs’ written consent was a

necessary pre-requisite for Defendants’ activities.

51. Plaintiffs are informed, believe and thereon allege that Defendants’ actions were

undertaken with blatant disregard for and in contradiction of Plaintiffs’ rights.

52. Lee, Jackson and Warwick all have been damaged by Defendants’ actions in an

amount to be proven at trial.

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53. Plaintiffs are informed, believe and thereon allege that without Court intervention,

Defendants will continue to wrongfully act in violation of Plaintiffs’ rights.

Second Cause of Action for Violation of New Jersey Right of Publicity Law

54. Plaintiffs incorporate herein by reference, to the extent applicable, each and every

allegation contained hereinabove.

55. The Coley Estate has not provided its written consent for the use of Coley’s name,

likeness and biographical information.

56. Plaintiffs are informed, believe and thereon allege that Defendants’ actions were

undertaken notwithstanding their knowledge that the Coley Estate’s written consent was

a necessary pre-requisite for Defendants’ activities.

57. Plaintiffs are informed, believe and thereon allege that Defendants’ actions were

undertaken with blatant disregard for and in contradiction of the Coley Estate’s rights of

publicity under New Jersey law.

58. The Coley Estate has been damaged by Defendants’ actions in an amount to be

proven at trial.

59. Plaintiffs are informed, believe and thereon allege that without Court intervention,

Defendants will continue to wrongfully act in violation of Plaintiffs’ rights.

Third Cause of Action for Violation of California Right of Publicity Law

60. Plaintiffs incorporate herein by reference, to the extent applicable, each and every

allegation contained hereinabove.

61. The Harris Estate has not provided its written consent for the use of Harris’s

name, likeness and biographical information.

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62. Plaintiffs are informed, believe and thereon allege that Defendants’ actions were

undertaken notwithstanding their knowledge that the Harris Estate’s written consent was

a necessary pre-requisite for Defendants’ activities.

63. Plaintiffs are informed, believe and thereon allege that Defendants’ actions were

undertaken with blatant disregard for and in violation of the Harris Estate’s rights under

California’s Right of Publicity laws.

64. The Harris Estate has been damaged by Defendants’ actions in an amount to be

proven at trial.

65. Plaintiffs are informed, believe and thereon allege that without Court intervention,

Defendants will continue to wrongfully act in violation of Plaintiffs’ rights.

Fourth Cause of Action for Unjust Enrichment

66. Plaintiffs incorporate herein by reference, to the extent applicable, each and every

allegation contained hereinabove.

67. Plaintiffs are informed, believe and thereon allege that Defendants have received

financial and other benefits for the use of Plaintiffs’ names, likenesses and biographical

information, including, without limitation, the benefit that the public believes that

Plaintiffs approved, sponsored and/or are otherwise affiliated with the Play.

68. Plaintiffs are informed, believe and thereon allege that Defendants’ benefits have

come at the expense of Plaintiffs.

69. Equity and good conscience require restitution to Plaintiffs in an amount to be

determined at trial.