On June 26, 2026, BOTTINI & BOTTINI, INC. filed a copyright infringement lawsuit on behalf of screenwriter Kenneth P. Giavara seeking to hold Illumination Entertainment LLC and related media companies accountable for the alleged unauthorized misappropriation and exploitation of his original creative work.
The case -- Giavara v. Illumination Entertainment LLC et al., Case No. 2:26-cv-06965 -- is pending in the United States District Court for the Central District of California.
The complaint alleges that Illumination Entertainment, Universal Pictures, and screenwriter Mike White repeatedly utilized protectable core narrative structures, characters, and plot sequences from Giavara’s original 2007 screenplay, South for the Winter, to develop their 2023 blockbuster animated feature film, Migration. According to the complaint, Giavara’s script achieved prominent industry recognition after winning first place in a prestigious 2011 screenwriting competition, which led to its widespread distribution and access among numerous Hollywood production executives and studios.
The complaint further alleges that despite public assertions of independent creation, the defendants failed to secure the necessary rights or provide proper attribution to Giavara before producing and distributing Migration. The lawsuit contends that the extreme similarities in character dynamics, specific narrative hooks—including a New England bird family, a misdirected migration detour through Central Park, and an encounter with an older mentor bird—and overall story framework could not have occurred through independent development.
According to the complaint, the defendants have generated hundreds of millions of dollars in global box office revenue, streaming rights, and consumer merchandise from the exploitation of the infringing work while refusing to compensate or credit the original creator.
The complaint also alleges that independent creators face systemic barriers when major media conglomerates misappropriate intellectual property, and that this action is necessary to enforce essential copyright protections and ensure industry accountability.
Frank A. Bottini, Jr. of Bottini & Bottini, counsel for plaintiff, stated: “Independent screenwriters rely on a fair and transparent industry that respects creative ownership. Our client's original work was widely circulated among industry executives, and the striking parallels found in the final film cannot be overlooked. This action seeks to hold Illumination and its co-defendants fully accountable for the substantial commercial windfall generated by the alleged misappropriation of Mr. Giavara's property and to secure the credit and compensation he is justly owed.”
The complete complaint can be downloaded from the link below.
CONTACT: BOTTINI & BOTTINI, INC. Frank A. Bottini, Jr. 7817 Ivanhoe Ave., Suite 102 La Jolla, CA 92037 (858) 914-2001 fbottini@bottinilaw.com