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Courthouse Steps

By ALM Staff | Law Journal Newsletters |
March 29, 2006

CASE CAPTION: Scottish American Media LLC v. NBC Universal Inc. and Revielle LLC, L.A. Superior Court # BC349074.

CAUSES OF ACTION: Breach of implied contract; breach of confidence; and fraud.

COMPLAINT ALLEGATIONS: The plaintiff is the creator and owner, through its CEO Maurice Fraser, of the intellectual-property rights in a treatment for a reality-TV series tentatively titled 'Battle of the States.' The premise is that of a 50-state original-song competition, with the public voting on the eventual winner among representatives of each state. Fraser pitched it to NBC and Reveille in the summer of 2004. Ben Silverman, CEO of Reveille, said he loved the idea but that it wasn't the right time for it and NBC said it wasn't interested. Silverman compared it to 'Eurovision,' a televised song competition among European countries. In July 2005, a representative of Reveille said that it might be the right time for the series and asked for another copy of the treatment. It was sent, but Fraser heard nothing further. Then in February 2006, NBC and Reveille issued a press release announcing that they were developing a reality series incorporating all the core elements of Fraser's proposal. The defendants described it as an American version of 'Eurovision,' 'which was precisely Silverman's characterization' of the plaintiff's idea.

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