‘The Return Of The Living Dead’ Legal Dispute Rises From The Grave

A lawsuit over the rights to the intellectual property of the 1985 horror-comedy The Return of the Living Dead has been filed today in Los Angeles Superior Court.

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Living Dead Media LLC is the plaintiff, and claims it owns the copyright in the original screenplay and the underlying script for the film, as well as other trademarks.

It is suing ROTLD Originals LLC, formed on July 07, 2024. It has yet to disclose its members, but court papers claim that ROTLD has no rights, title, or interest in the original film.

The formation document was signed by Beverly Dawn Hartley, aka Beverly
Randolph, one of the actors in the original film. The court documents allege that other actors from the original film may be members and have not been disclosed.

“However, simply being an actor in a film does not grant or convey any particular rights to that character or any other character or any rights to the Original Film, any derivative works, or related intellectual property. Ms. Hartley has no rights, title, or interest in the Original Film.”

It adds, “neither Ms. Hartley, ROTLD, nor any of the other purported members have any rights whatsoever in any of the characters or merchandise that is being sold by these licensees.”

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The suit claims that the new LLC uses Hartley’s credentials as an actor in the original film “to bolster the erroneous claims that Ms. Hartley and/or ROTLD have an interest in LDM’s intellectual property.” It claims that such actions “are attempting to interfere with active and existing contracts between LDM and these licensees.”

Read the court documents here .

The film was made during the height of the L.A. punk scene. It tells the story of how a warehouse owner, accompanied by his two employees, mortician friend, and a group of teenage punks, deal with the accidental release of a horde of unkillable, brain-hungry zombies.

T he Return of the Living Dead was a critical and a moderate box office success, grossing approximately $14,237,000 domestically on an estimated budget of about $4 million. Its soundtrack also featured some notable bands, including The Cramps, T.S.O.L., and The Damned.

The film is also remembered for introducing brains as a zombie’s favorite food, and the conceept of stopping an attack with a head shot.

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