“While imitation may be the sincerest form of flattery,
imitation in the form of outright copying is not flattery at all –
it is intellectual property theft,” says the suit.
Jean Golden and Todd Walker, the creators and hosts of “Million
Dollar Idea”, allege that Cowell and ABC conspired to steal their
trade marked brand, copy the entire premise of a show already
airing in national syndication on over 125 television stations, and
market that idea as their own.
Golden and Walker began developing their reality show, which
involves entrepreneurs pitching business ideas to a panel in front
of a live studio audience, in 2001. Winners receive help in
launching their product, building up to a final prize worth $1
million.
Since 2001, 30 episodes of the show have been shot and it has
recently been nationally syndicated to over 125 television
stations.
According to Golden and Walker, in early 2004, Walker pitched
the show to Andrea Wong, Executive Vice President for Alternative
Programming, Specials and Late Night at ABC Network.
She appeared enthused by the idea, said the pair, and so they
followed up by sending Wong a pitch package that included selected
media coverage of Million Dollar Idea, taped episodes of the show,
a business plan and treatment for a national show. Also included
was a confidentiality agreement.
However, in July this year, ABC and Simon Cowell – better known
for his role in hit shows Pop Idol and American Idol – announced
that they were making a new show, entitled “The Million Dollar
Idea”.
"From stem to stern, each and every detail of Simon Cowell and
ABC's mock 'Million Dollar Idea' is a patent rip-off of Todd and
Jean's four-year labour of love," said Pierce O'Donnell, lawyer for
Golden and Walker.
According to Golden, "it is incredibly ironic that our show, the
premise of which is to promote, protect and reward small-town
American ingenuity, was itself the victim of corporate theft and
greed".
"What has happened to us is every inventor/entrepreneur's worst
nightmare: having your idea stolen. The arrogance of Simon Cowell
and ABC is beyond comprehension. Can you imagine stealing an idea
and not even bothering to change the name of it?" she added.
ABC has yet to comment on the complaint.
Speaking to the BBC, Cowell’s spokesman, Max Clifford, said that
with “just about every programme that comes out, you get someone
saying 'this was my idea'. It's a fact of life.”
"I refute any of these charges," he added.
The suit is the latest in a series of legal actions over format
rights, including disputes between the producers of the Survivor
series and rival reality TV show I'm a Celebrity – Get Me Out Of
Here; between Simon Cowell and fellow Pop Idol mogul Simon Fuller
over X Factor; and between RDF and Fox over Wife Swap and Trading
Spouses.
