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LOS ANGELES (CNS) - Terrence Howard has countersued the producers of the 2021 film, "Triumph," alleging his name, image and likeness were used in connection with the amateur wrestling drama's marketing without his consent.
Howard and his wife, Mira Howard, believe that Tyler & Dodge, one of the multiple defendants, "knew or should have known" that the couple had not signed any releases for the actor's name and/or likeness to be used for commercial gain, and that "Triumph" was not a Screen Actors Guild-American Federation of Television and Radio Artists-compliant film, according to the countersuit filed Friday in Los Angeles Superior Court, alleging breach of contract, intentional misrepresentation and other causes of action.
Nevertheless, T&D advertised "Triumph," a film that raised money to fight cerebral palsy, and solicited domestic and foreign distribution agreements with various companies predominantly based upon the use of Howard's name, the countersuit states.
No producer of "Triumph" ever was a signer to the SAG-AFTRA basic agreement or took the necessary steps to make "Triumph" SAG-AFTRA compliant, according to the countersuit.
The Howards seek unspecified compensatory and punitive damages. Other defendants include MAP Group LLC and Digital Ignition Entertainment LLC.
"Triumph" stars both Howard and "Breaking Bad" cast member RJ Mitte, who plays a high school senior with cerebral palsy who strives to succeed in wrestling. Howard portrays the young man's coach and his image was featured prominently in the film's advertising.
MAP Group and Digital Ignition Entertainment started the litigation with an underlying suit in which the companies allege that Howard sent cease- and-desist letters to the film's distributor claiming they had no right to use his name or likeness, then demanded $675,000 to withdraw the letters.
Howard originally agreed to film for seven days for 15% of the net profits with 5% donated to the Cerebral Palsy Foundation, according to the underlying suit, which is still awaiting trial.
Digital Ignition Entertainment previously released a statement about the film
"The producers made this film with a mission to help advance awareness of cerebral palsy and to do our part to promote inclusion in film," the statement read. "We couldn't be more proud of the job our cast and crew did to highlight the remarkable accomplishments of the writer of the film, who has cerebral palsy, and the lead actor of the film, RJ Mitte, who is also diagnosed with cerebral palsy."