We reported on the initial filing of the case here (in a manner of speaking), but since this outlet is one of the first to obtain a copy of the amended complaint, we're going to deal with this one in a straight up, "serious" manner.
First, though, there are a couple of misconceptions floating in the cybersphere. A week or so back, Gambling911 served up its take on the initial suit, augmented with some ready quips from Bodog's bad-boy CEO, Calvin Ayre. According to Gambling911:
"Ayre says the case has been thrown out but Bodog.com is not through fighting it just yet.
"'We are actually not through with them (Bluemoon) yet,' Ayre insisted Saturday afternoon. 'I am going to make an example of these people to show what happens when you frivolously sue me.'"
Whether the error was Ayre's or Gambling911's is unknown, but the first line as quoted is simply untrue. What was thrown out was the attempt by Pepaj to stop the airing of the show on FSN, but her attempt at an injuction was unsuccessful. The rest of the suit remained intact, however, and it's the amended version that your blogger reports on here. A second misconception wandering the web is that FSN was not part of the original suit; that is also not true, but they were not necessarily named in all of the "points of action" contained within the original suit.
FSN, however, figures large in the amended version.
The original complaint listed five action points: breach of contract; breach of implied contract; breach of confidence; misappropriation of ideas; and injuctive relief, with the repeated or renewed request for an injunction against the show now at #6. However, this newest point of action is filed against FSN only --- the "tortious interference" that is the most recent addition (as the new point #5) is read as FSN's going ahead with the airing of the show when they were provided with information concerning Pepaj's suit as early as April 5th. But here's the material from the complaint, verbatim:
"110. On April 5, 2006, FSN Defendant was provided with copies of all written correspondence between plaintiff and the BODOG Defendants, including e-mail communications memorializing said relationship and numerous proposaland development materials submitted by Plaintiff to the BODOG Defendants, including project overviews and synopsis, episodic outlines, distribution and marketing schedules with full budget analysis.
"111. Despite the above, on April 15, 2006, with full knowledge of the BODOG Defendants misappropriation and the contractual relationship existing between the parties, FSN Defendant nationally aired the first of six weekly episodes of "Wild Card Poker" on its broadcasting television network."
... and onward, hence the continuing damages and the need for this modified complaint.
As reported previously, the telling factor in the success of this lawsuit is likely to be how relative and distinctive the Pepaj/Bluemoon concepts were, and how early they were relayed and incorporated into the structure of the show. While we don't have access to the Exhibits of the case, showing the communications between the sides, Pepaj's lawyers have cleverly worked a comparative table into the amended version of the complaint. This allows ummm... us, the media... to report with more specificity on the nature of the complaint. Right smart move there, oh, Beitchman & Zekian, P.C. (That's Pepaj's legal team.) Both sides seem intent on garnering as much publicity as possible and hey, we're just happy to be in demand. (NOTE: The left side of the page, titled "Poker Showdown," is what Pepaj and lawyers claim her ideas were; the right side is how they interpret what actually aired.)
So on to that promised table. Do not take the presence of this table or the information herein as any sort of gospel truth; rather, it is instead the nature of the complaint, and what is true and what isn't has yet to be seen. We ain't lawyers and we don't judge. We just report. Here 'tis:
Ding! Round two is now underway. Time to sit back and watch the action.
2 comments:
It is so obvious that Bodog has copied Bluemoons treatment. Shame on them. He is rich, but he still steals
I just read on another site that Calvin's original reality show idea was to pay a woman 10 million bucks to have his kid. I guess he doesn't realize that some women will procreate for free. I'll bet no one sues him for ownership of that lame ass idea.
http://pokerbiz411.com/2006/04/26/bodog-backlash.aspx
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