<P> Costello believes that Hess got the name from him, whether directly or indirectly . Costello said, "The guy just denies completely that I made the name up...but I invented it . Maybe somebody told him the name and he truly feels that he came to it by chance . But it's two words that you're never going to hear together ." </P> <P> On August 30, 2011, Napoleon Pictures filed a lawsuit against Fox Searchlight for $10 million for underreporting royalties and taking improper revenue deductions . In its term sheet, Fox agreed to pay 31.66% of net profits on home video . The lawsuit says that a 2008 audit revealed that Fox was only paying net royalties on home videos at a 9.66% rate, and there were underreported royalties and improper deductions . </P> <P> Napoleon Pictures also alleges that Fox has breached the agreement in multiple other respects, including underreporting pay television license fees, failing to report electronic sell - through revenue, charging residuals on home video sales, as well as overcharging residuals on home video sales, deducting a number of costs and charges Fox has no right to deduct and / or for which there is no supporting documentation . </P> <P> In May 2012, Fox went to trial after failing to win a summary judgment on the case . The trial began on June 19, 2012 . On November 28, 2012, a 74 - page decision sided with Fox on 9 of the 11 issues . Napoleon Pictures was awarded $150,000 based on Fox accounting irregularities . </P>

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