• by Wayne Friedman , August 11, 2005

A copyrighted trademark means everything to a small product inventor. A small Minneapolis-based TV producer has exactly the same concerns about a show it airs about product inventors.

Roaring Entertainment is suing producer Simon Cowell, Fremantle North America, and ABC Television Network for stealing its local show idea "Million Dollar Idea"--as well as the program's exact name. The lawsuit didn't give an exact dollar amount for damages, but said in a press release that the damage could mean "tens of millions of dollars."

The move came in response to an ABC July announcement that the network had ordered nine episodes from Cowell (a judge on "American Idol") and Fremantle (an executive producer on "American Idol") for a show called "Million Dollar Idea"--that gives competing inventors a shot at winning $1 million to launch a new product.

Roaring Entertainment and its two creators/hosts--Jean Golden and Todd Walker--say they came up with that concept while working in a Minneapolis-based public relations company in 2001. The company says the show, "Million Dollar Idea," started airing on KSTC Minneapolis in 2003. Now as of January 2005, the show has been syndicated in over 125 TV stations. Most of those outlets are low-power stations. The show is filmed at Mall of America in Bloomington, Minn. Roaring Entertainment sells a number of products that appear on the "Million Dollar Idea" show through its Web site www.milliondollaridea.tv. On a recent KSTC airing during the July sweep, the show for its 5:30 p.m. airing earned a Nielsen Station Index 1 rating/2 share. At an 11:30 p.m. airing, however, its viewership recorded "hash-marks"--numbers too low to be recorded by Nielsen measurement.

While it's commonplace for TV programmers to steal, borrow, or modify TV show ideas, it's rare for any programmer to take exactly the same name of a show. Bill Carroll, vp and director of programming for Katz Television Group, says companies typically avoid the same or even similar names of TV shows for obvious copyright infringement.

At the same time, it's easy for TV programmers to slightly alter the name of the show when looking to take on a similar idea, says Carroll, in order to give the appearance that it is not an exact copy. Roaring Entertainment plans were never to stay on low-power stations for long. Both Golden and Walker had pitched Andrea Wong, executive vp for alternative programming, specials, and late night for ABC Entertainment, in early 2004.

The team then sent a package of materials to Wong, including selected media coverage of the show--The New York Times, Time Magazine, "The Today Show," "Late Show with David Letterman," and Entrepreneur Magazine. Walker and Golden also provided pitch material to Creative Artists Agency, Fremantle and Cowell's talent agent. Fremantle and ABC executives did not return phone calls by press time.