Dan Rosen filed the suit Wednesday in U.S. District Court in Los Angeles through his Shame on You Productions. Rosen alleges copyright infringement and breach of implied-in-fact contract, asserting that the ideas in “Walk of Shame” were taken from his “Darci’s Walk of Shame” script.
A spokeswoman for producer Lakeshore Entertainment, which is named in the suit, told Variety that the suit’s claims are baseless.
“Lakeshore developed ‘Walk of Shame’ independently, prior to casting Elizabeth Banks,” she said. “We believe this claim is meritless.”
Rosen alleges that he sent his screenplay to Banks in 2007 through a mutual acquaintance, then met with Banks and her husband Max Handelman, who produces films through Brownstone Productions.
“Banks and Handelman retained the Screenplay, and never returned any version of it,” the suit alleges.
Besides Banks, Handelman and Lakeshore, the suit also names “Walk of Shame” writer- director Steven Brill, Focus World, Sidney Kimmel Entertainment and FilmDistrict.
The suit asserts that both scripts involve a pretty blonde woman in her thirties in a big city who goes through a break-up with her boyfriend, commiserates with her best girlfriends, gets drunk, spends the night with a younger man she just met, wakes up the next morning at his place and puts on her “inappropriate” outfit from the night before.
Banks and Handelman did not produce the film.
The raunchy comedy opened Friday in the U.S. through Focus Features and grossed a disappointing $38,000 from 51 locations during its opening weekend. Focus pointed out that the film started very strong on iTunes and shot up to No. 1 in 24 hours.