katsori v. wme, img, viacom, nickelodeon complaint.pdf

8/18/2019 Katsori v. WME, IMG, Viacom, Nickelodeon complaint.pdf

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------------X NICK KATSORIS and THE LOUKOUMI MAKE A Index No. 16-cv-00135 DIFFERENCE FOUNDATION, INC.

Plaintiffs, FIRST AMENDED

VERIFIED AND

SUPPLEMENTED

COMPLAINT

-against-

WME IMG, LLC, IMG PRODUCTIONS, LLC and VIACOM INC. d/b/a NICKELODEON JURY TRIAL

DEMANDED

Defendants.

-------------------------------------------------------------------X

Plaintiffs NICK KATSORIS and THE LOUKOUMI MAKE A DIFFERENCE

FOUNDATION, INC., by their attorneys DUNNINGTON, BARTHOLOW & MILLER LLP,

allege as follows:

PRELIMINARY STATEMENT

1. This is an action for copyright and trademark infringement pursuant to the

Copyright Act, 17 U.S.C. §101 et seq. and the Lanham Act, 15 U.S.C. § 1501 et seq., together

with a claim for a declaratory judgment concerning a television show developed by Nick

Katsoris featuring celebrities assisting children to plan and realize career goals and related

intellectual property as well as New York State claims for trademark infringement, dilution,

unfair competition, violations of Gen. Bus Law § 349, breach of fiduciary duty, aiding and

abetting breach of fiduciary duty, and breach of contract, or, in the alternative, breach of implied

contract. Because the defendants were prohibited from producing a similar television show by a

written contract containing an arbitration clause Plaintiffs seek an injunction in aid of arbitration.

Case 1:16-cv-00135-RA Document 26 Filed 04/01/16 Page 1 of 43


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2. Nicholas Katsoris, known professionally as Nick Katsoris (“Katsoris”), is the sole

author of an award-winning series of children’s books featuring the copyrighted character

“Loukoumi the Lamb” as seen in the graphic below (the “Loukoumi character” or “Loukoumi”).

3. Having spent over a decade publishing and promoting the Loukoumi series,

Katsoris has registered multiple copyrights and trademarks with the U.S. Copyright Office and

Patent and Trademark Office (“PTO”), respectively, concerning the Loukoumi character, its

books and the programs featuring the lessons in the books.

4. Over the years, Katsoris has donated a substantial portion of the profits from

Loukoumi books to multiple children’s charities and schools including St. Jude Children’s

Research Hospital and The Make-A-Wish Foundation. To support this charitable mission,

Katsoris has donated certain rights in the Loukoumi character to Plaintiff The Loukoumi Make A

Difference Foundation (the “Foundation”).

5. For years, many celebrities have endorsed Loukoumi books and Loukoumi-

related activities and supported the work of the Foundation including, but not limited to, Jennifer

Aniston, Morgan Freeman, Olympia Dukakis, Gloria Gaynor, Eli Manning, Ernie Anastos, Cat

Cora and Nia Vardalos.



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6. In 2007, Katsoris launched a national Dream Day Contest for children. The

contest involved children drawing a picture of themselves with Loukoumi in their dream career

and completing the phrase: “I WANT TO BE A____________ BECAUSE…” as pictured below:

After a successful first year, the contest was adapted to become a video contest where children

recorded videos including the sentence: “When I grow up I Wanna Be…” More information

about this contest is found at http://www.loukoumifoundation.org/dream_day.html.

7. In 2012, Katsoris pitched a reality show based on the Dream Day Contest to the

entertainment and production company IMG. Based on the pitch, IMG agreed to work with

Katsoris in representing Loukoumi and the Dream Day project. IMG and Katsoris pitched the

Dream Day project to a number of potential purchasers, including Nickelodeon, a channel owned

by Viacom Inc.

8. After a number of unsuccessful efforts in pitching the project, the Foundation

hired IMG Productions LLC to produce a pilot television special titled “Make A Difference With



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Loukoumi” which aired on FOX broadcast stations across the United States, including Fox-5 in

New York, in October 2014 (the “Special”).

9. The Special, produced by IMG pursuant to a work-for-hire agreement for which

IMG was paid in excess of one hundred thousand dollars ($100,000) by the Foundation, featured

videos of children expressing their dreams of what they would like to be when they grow up

featuring each child beginning the video stating, “I wanna be…”

10. The work for hire agreement that IMG signed included a broad prohibition against

IMG’s participation in any similar type of television show or development of any similar ideas –

all ownership rights of ideas belonged to Katsoris and the Foundaiton.

11. Based on the overwhelming success of the Dream Day Contest, Katsoris decided

to approach IMG in order to transition the concept and associated protectable interests to

television. The novel idea for the television show’s theme was developed by Katsoris and the

Foundation to include copyrightable elements of theme, setting, character, time sequence, pace,

and total concept and feel that are protectable elements of children shows under the Copyright

Act, 17 U.S.C. § 101 et seq. See Williams v. Crichton & Knopf, Inc., 84 F.3d 581, 588 (2d Cir.

1996). Specifically, the show features one child stating their dream in a video produced in the

child’s home or other personal environment; fulfilling the child’s career dreams in special and

even extravagant ways accompanied and/or mentored by celebrities and experts in the child’s

designated career.

12. For example, the Special featured one girl named Sophia stating her dream career

in a home video followed by Sophia actually living her career dream of being a Broadway star

together with an actual Broadway celebrity singing on a Broadway stage. In another video

featured in the Special, a child named Jordan discussed his dream of being a professional football



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player, which he got to experience when Jordan met New York Giants football stars Eli Manning

and Odell Beckham, Jr. and he was able to explore what this career is like for a day accompanied

by celebrities.

13. On two separate occasions, in August 2011 and July 2015, Katsoris and The

Foundation pitched a television series based on the Special to Nickelodeon.

14. At the above-mentioned times, and all relevant times, Viacom and Nickelodeon

knew that the pitching of creative ideas (that had been reduced to tangible, copyrightable

expressions) for compensation was the nature of the numerous meetings it held with Katsoris and

The Foundation. Moreover, Viacom and Nickelodeon knew that Katsoris and the Foundation

expected to be paid if the concepts and associated intellectual property were used – this practice

and expectation is standard in the entertainment industry.

15. At no time during these meetings did any employee of either Viacom or

Nickelodeon state or imply that Viacom was developing a similar television show.

16. On September 22, 2015, Nickelodeon announced the 2016 launch of a children’s

television series that, which at the time, was called “I Wanna Be” (hereinafter called the

“Infringing Work”). Starring and executively produced by Cam Newton, Newton is also an IMG

client and the star quarterback for the Carolina Panthers National Football League (“NFL”) team

17. As set forth above, Nickelodeon and IMG had access to Katsoris’ and The

Foundation’s valuable copyrighted and trademarked materials as well as other information

constituting trade secrets or otherwise confidential materials.

18. As described more fully below, the Nickelodeon television series is a derivative

work that infringes upon protected elements of Katsoris’ copyrights as well as the distinctive

trademark phrase “I wanna be” in violation of the Lanham Act as well as New York’s trademark



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and unfair competition laws. Because the Infringing Work has not yet been published by

Nickelodeon, additional evidence of infringement is likely in the exclusive custody of

Defendants and therefore cannot be pleaded at this time. Plaintiffs require discovery to supply

additional relevant evidence in this action.

19. The production and publication of the Infringing Work would be likely to cause

consumer confusion, tarnish the “I wanna be” mark and dilute the strong Loukoumi brand that

Katsoris and the Foundation have created over the years. Because of this imminent and

irreparable harm, temporary and permanent injunctive relief is warranted.

20.

On February 6, 2016, Sports Illustrated Kids published Exclusive First Look:

Cam Newton Helps Kids’ Dreams Come True In New Nickelodeon Series by Dante A.

Ciampaglia (see http://www.sikids.com/si-kids/2016/02/05/exclusive-first-look-cam-newton-

helps-kids-dreams-come-true-new-nickelodeon-series). A side by side comparison of even this

short clip of the Infringing Work featured in the article – that prominently features children in

home video saying “I wanna be” – to Plaintiff’s sizzle reel shows that Viacom and IMG have

indeed copied copyrightable elements of Plaintiff’s career Dream Day. As of February 6, 2016,

the title of Viacom’s television show was still, “I Wanna Be.”

21. On or around March 1, 2016, following the filing of this action on or about

January 6, 2016, Nickelodeon put out a statement saying that it had changed the name of the

Infringing Work to eliminate the use of the title “I Wanna Be.”

22. Apart from the statutory claims, this action involves a breach of trust and a breach

of fiduciary duty that IMG owed to Katsoris. IMG was Katsoris’ agent for many years and not

only was aware of Katsoris’ development of this reality television show, but was a significant

part of pitch meetings for it and production of materials used in those pitch meetings. As



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described more fully below, IMG acted as a wolf in sheep’s clothing in using the Foundation’s

money and the fluffy little lamb, Loukoumi, to open doors for IMG’s pecuniary gain at the

Foundation’s expense. Specifically, once Katsoris and Loukoumi opened the doors at Viacom,

IMG usurped Katsoris’ and the Foundation’s business opportunity by swapping Loukoumi for

IMG’s other client, football star Cam Newton, despite the clear duties owed to Katsoris.

23. IMG’s conduct robbed Katsoris and the Foundation of a contractually-guaranteed

and valuable business opportunity with Viacom channel Nickelodeon. Thus, even if the finder of

fact were to find aspects of Katsoris’ work unprotected by federal copyright, trademark or unfair

competition law, New York laws of contract, agency, unfair competition, unjust enrichment and

equity generally would protect Katsoris’ labors and interests in developing Loukoumi, the

Special, the reality show, and associated property, including the phrase “I wanna be”, from use

by Defendants without permission and just compensation.

24. Given the relation in time between the Special, the pitch of the career Dream Day

series, and correspondences with Nickelodeon, it is clear that Infringing Work not only infringes

upon the protected materials developed by Katsoris and the Foundation, but IMG, Viacom, and

Nickelodeon have acted with deception and breached contractual and fiduciary duties owed to

Katsoris. Viacom has actual knowledge of Katsoris’ rights and continues to assist and facilitate

IMG’s breach of its fiduciary duties to Katsoris. As such, any contract between Nickelodeon and

IMG or its client, Cam Newton, is based on the unlawful copying, infringement and

misappropriation of the work and corporate opportunities belonging to Katsoris and the

Foundation and should be voided, rescinded or equitably amended.

25. To preserve the status quo ante, pending an arbitration between The Foundation

and IMG, Plaintiffs respectfully request that, pursuant to the Federal Arbitration Act (“FAA”), a



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preliminary injunction be issued restraining Defendants from creating, broadcasting or

disseminating a derivative work based on Plaintiffs’ novel concept and associated intellectual

property development.

PARTIES

26. Plaintiff The Loukoumi Make A Difference Foundation, Inc. is a 501(c)(3) New

York not-for-profit corporation with a principal place of business in New York. The

Foundation’s mission statement is “Teaching children to make a difference in their lives and the

lives of others.”

27.Plaintiff Nick Katsoris is the sole creator of the Loukoumi character, author of the

Loukoumi children’s book series, President of the Foundation, and a resident of Eastchester,

New York.

28. Defendant WME IMG, LLC is a Delaware corporation doing business in New

York County with a principal place of business located at 200 5 th Avenue, 7th Floor New York,

New York.

29. Defendant IMG Productions, LLC is a New York corporation doing business in

New York County with a principal place of business located at 432 West 45th Street, New York,

New York.

30. Upon information and belief, WME IMG, LLC is the successor-in-interest or

parent of or otherwise responsible for satisfying any judgment against IMG Productions, LLC

(together, “IMG”).

31. Defendant Viacom Inc. is a Delaware corporation with a principal place of

business located at 1515 Broadway, 52nd Floor, New York, New York. Viacom is a global mass-



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media company with interests in, among other things, cinema and cable television, including the

Nickelodeon channel.

JURISDICTION AND VENUE

32. The Court has exclusive subject matter jurisdiction under 28 U.S.C. §§ 1331 and

1338 with respect to Plaintiff’s claims arising under the Copyright Act and the Lanham Act and

related unfair competition claims and may assert supplemental jurisdiction over all other claims

pursuant to 28 U.S.C. § 1367.

33. Defendants reside in and do business in the Southern District of New York and

are subject to personal jurisdiction. Additionally, a substantial portion of the acts giving rise to

this action occurred in the Southern District of New York. Accordingly, venue is properly laid in

this District under 28 U.S.C. §§ 1391 (b) and (c) and 1400 (a)

34. The damages suffered by Plaintiffs exceed seventy-five thousand dollars

($75,000) exclusive of costs.

FACTUAL HISTORY

A.

DEVELOPMENT AND SUCCESS OF LOUKOUMI

35. Katsoris is an attorney admitted to practice in the State of New York.

36. Katsoris is a graduate of Fordham Law School, having served as an editor of the

Fordham International Law Journal , and has clerked for a federal judge in the U.S. Court of

International Trade.

37. Katsoris has served as General Counsel to a group of companies in New York

City for over twenty years.

38. Katsoris is the father of two children and created the character Loukoumi

following the birth of his son.



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39. Katsoris has registered the mark LOUKOUMI with the United States Patent and

trademark Office (“US PTO”) under Registration No. 2759303, dated September 2, 2003, in

International Class 19 for children’s books and coloring books.

40. Katsoris has registered the mark LOUKOUMI TOYS with the US PTO under

Registration No. 3103995, dated June 13, 2006, in International Class 28 for plush toys.

41. Katsoris has registered the word mark "I WANT TO BE A/K/A I WANNA BE”

with the US PTO under Registration No. 86869110, dated January 7, 2016, as (4) Standard

Character Mark with first use in a television show production in 2014 and first use in commerce

in 2007.

42. In or about 2005, Katsoris authored and published the first book in the Loukoumi

book series, titled Loukoumi, featuring a lamb named “Loukoumi.”1 CBS-2 News has described

Loukoumi as “a fluffy little lamb that just wants to make the world a better place.” Each

Loukoumi book teaches children life lessons including believing in and pursuing their dreams,

doing good deeds, and preventing bullying.

43. The Loukoumi series is comprised of seven books: Loukoumi (narrated on CD by

Olympia Dukakis), Growing up with Loukoumi (narrated by Gloria Gaynor), Loukoumi’s Good

Deeds and Loukoumi’s Gift (narrated by Jennifer Aniston and John Aniston), Loukoumi and the

Schoolyard Bully (narrated by Nia Vardalos and Morgan Freeman), Loukoumi In The Basket

(narrated by Nancy O’Dell), and Loukoumi’s Celebrity Cookbook , featuring favorite childhood

1 Loukoumi is a type of jelly candy topped with powdered sugar popular in Greece and is often

used in the Greek language to mean “sweet”.



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recipes by over 50 celebrities including Jennifer Aniston, Beyoncé, Ellen DeGeneres, Celine

Dion, Neil Patrick Harris, Nicole Kidman, Miranda Lambert, Matt Lauer, Jay Leno, Eli

Manning, Al Roker, Taylor Swift, Justin Timberlake, Marlo Thomas, Mark Wahlberg, Betty

White, Oprah Winfrey, Reese Witherspoon, and many others.

44. Over 100 celebrities have donated their time to participate in the books and in

programs related to promoting the lessons found in the Loukoumi books.

45. Since 2005, over 100 news outlets have reported on Loukoumi, including ABC-

TV’s The View, FOX & Friends, People Magazine, The Martha Stewart Show, Entertainment

Tonight, Good Day New York, Good Day LA, The Late Late Show with Craig Ferguson, The

Nate Berkus Show, Parents Magazine, Disney’s Family Fun, Us Weekly, USA Weekend, USA

Today, NPR, The New York Times, The New York Post, The New York Daily News, The

Washington Post, Parents, Good Housekeeping, Ladies Home Journal, Scholastic Parent and

Child , and many others. A Loukoumi TV Press Reel can be found at the following YouTube

link: https://www.youtube.com/watch?v=_s5a15_Cqes.

46. Katsoris and the Loukoumi book series have won several awards, including two

iParenting Media Awards, two Mom’s Choice Awards, two World Cookbook Awards, The

Family Choice Award, and a National Make A Difference Award from USA Weekend magazine.

47. The National Make a Difference Award was awarded to the Make A Difference

with Loukoumi project, which unites thousands of children each October to do good deeds,

inspired by Loukoumi’s Good Deeds, narrated by Jennifer Aniston, of which $2 from the sale of

each book is donated to St. Jude Children’s Research Hospital. In 2015, approximately 50,000

children and adults participated in this project at events across the country. Organizations that

have united with Loukoumi for this project include Kiwanis, The National Philoptochos Society,



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the sentence “I WANT TO BE____________.” Details of the contest can be found at:

http://www.loukoumifoundation.org/dream_day.html. Annexed hereto as Exhibit C are contest

materials from the Loukoumi website.

54. Following the first contest in 2007, the contest was amended to become a video

contest. The Dream Day contest innovated the platform for expression of career goals by

capturing hundreds of children individually stating their career goals through home-recorded

videos. In these user-generated videos, the children are featured stating: “I wanna be…”

55. May 2008 Dream Day Contest winner Sophie submitted a video that won her the

opportunity to live her career dream day of becoming a Mars Rover engineer by watching the

Phoenix spacecraft land on Mars from NASA’s Jet Propulsion Lab in Pasadena, California.

56. May 2008 Dream Day Contest winner Lionel lived his career dream of becoming

a soccer star by playing soccer with the New York Red Bulls Major League Soccer (“MLS”)

team, attending a team practice and receiving a private lesson from several players.

57. Sophie and Lionel’s dream days were featured on News-4 New York

(http://www.loukoumi.com/press_reviews/video6.html) and in other news stories.

58. May 2008 Dream Day Contest winner Nika lived her dream day of becoming a

TV Chef by cooking on the air with CBS Channel 2 news Food Editor Tony Tantillo, visiting TV

star Rachael Ray on her show’s set, and submitting a recipe for the Every Day with Rachael Ray

magazine.

C. KATSORIS CREATES A CAREER “DREAM DAY” REALITY SHOW AND IMG

PRODUCERS ARE CONTEST JUDGES

59. In 2007, Fox Television agreed to televise the New York Greek Independence

Day Parade (the “Parade”).



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60. Fox recommended IMG as a producer to members of the Parade committee.

61. IMG, according to its website, “is a global leader in sports, events, media and

fashion, operating in more than 25 countries. The company represents and manages some of the

world’s greatest sports figures and fashion icons; stages thousands of live events and branded

entertainment experiences annually; and is the world’s largest independent producer and

distributor of sports media. IMG also specializes in sports training; league development; and

marketing, media and licensing for brands, sports organizations and collegiate institutions.” See

www.img.com (last accessed January 4, 2016). In 2014, IMG was acquired by WME to form

WME | IMG.

62. IMG presented a budget proposal, and Katsoris was part of a group involved in

the telecast of the Parade (“Parade Telecast”).

63. Working together, Katsoris and IMG have produced the Parade Telecast on My9,

channel 9 in New York City every year since 2007. Specifically Katsoris worked with IMG

Producers Steve Mayer and Karen DeMasi (“IMG Producers”).

64. In 2008, Katsoris created and copyrighted development materials that outlined

topics and concepts for a reality television show titled “Loukoumi Dream Day Reality Show”,

with each episode featuring children having the opportunity to live their dream careers. These

children would be given opportunities to meet celebrities and experts in the field that the child is

aspiring to enter and be mentored by them throughout the episode. Annexed hereto as Exhibit D

is Copyright Registration No. TXu001589714.

65. The concept of a career Dream Day has been reproduced many times by Plaintiffs

in a variety of protectable manners. For example, in 2009, actress Jennifer Aniston narrated an

updated version of the audiobook for “Growing Up With Loukoumi” in which the three winners



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of the Dream Day Contest, Sophia, Lionel and Nika, narrated their career dreams. Aniston’s

recording was distributed as part of the Loukoumi’s Good Deeds CD and on the Us Weekly

magazine website, and discussed in an article on Radar Online. See

http://radaronline.com/exclusives/2010/07/jennifer-aniston-lends-her-voice-third-childrens-book-

cd/.

66. In October 2011, Katsoris launched a Loukoumi’s Secret Ingredient Dream Day

Contest, garnering press including www.parents.com and Disney’s Family Fun magazine.

Annexed hereto as Exhibit E is the Family Fun article on the contest. Contest judges included

celebrities Ernie Anastos, Cat Cora, Frank Dicopoulos, Alexis Christoforous, and Teri Watson

from St. Jude Children’s Research Hospital, as well as the IMG Producers.

67. Grace, the winner, got to live her career dream day of being a chef by cooking

with celebrity Chef Cat Cora at Cat’s restaurant, Kouzzina, at the Walt Disney World Boardwalk

in Florida. Grace’s dream day was featured on the front page of USA Today’s Life section. A

copy of the USA Today article is annexed hereto as Exhibit F.

D.

IMG’s PARTICIPATION IN THE 2014 DREAM DAY CONTEST

68. In April 2014, Katsoris sponsored another Dream Day Contest. IMG Producers

again assisted in reviewing and judging the home-produced video entries in which children

stated “I wanna be…” Dozens of the home-produced video entries were also published on the

Loukoumi Facebook page.

69. IMG Producers represented to Katsoris that they were specifically looking for

children with a television presence to help the production values for the Special.

70. Four winners were selected from the 2014 contest, with one being chosen to live

her dream as part of the Make A Difference With Loukoumi Special.



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71. Dream Day Contest winner Sophia wanted to be a Broadway star, and in

September 2014 Sophia lived her career dream by singing Journey’s Don’t Stop Believin’ with

Tony-nominated actor Constantine Maroulis on the Broadway show Rock of Ages stage at the

Helen Hayes Theater.

72. Sophia’s career Dream Day was featured in the Make A Difference with

Loukoumi TV Special, which aired during October 2014 on FOX stations across the United

States and on some NBC and ABC-affiliated stations and Mega-TV internationally. See

https://www.youtube.com/watch?feature=youtu.be&v=MAL6ZdH-S_o&app=desktop, with the

Dream Day segment starting at 14:39.

73. In October 2014, Dream Day Contest winner Sylvia lived her career dream of

being an actress by spending the day with former Nickelodeon star Nathalia Ramos.

74. In August 2015, Loukoumi Dream Day winner Jordan got to live his career dream

of becoming a professional football player by visiting the New York Giants training camp and

meeting players including Eli Manning and Odell Beckham, Jr. Annexed hereto as Exhibit G is

an article from the Loukoumi website concerning Jordan’s visit with the Giants.

75. In October 2014, Dream Day contest winner Panagioti was selected. He lived out

his career dream of being a storm chaser by meeting and spending a day with FOX-5

meteorologist Nick Gregory in January 2016.

76. In April 2015, the Loukoumi 2015 Dream Day Contest was held. Again, over 50

of the video entries were published on the Loukoumi Facebook page.

77. In July 2015, Dream Day winner Evan lived his career dream of becoming a

police officer by riding in a New York Police Department patrol car, riding on a police boat and

meeting the K-9 unit. 2015 Dream Day winner Nicole wants to be a journalist and will live her



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career dream in 2016 by visiting Yahoo!. 2015 Dream Day winner Ava wants to be a

pediatrician and will live her career dream in 2016. 2015 Dream Day winner Sam wants to be an

Olympic swimmer and will live his career dream in 2016. 2015 Dream Day winner Annie wants

to be a dancer and will live her career Dream Day in 2016.

E. KATSORIS AND IMG WORK TOGETHER TO DEVELOP LOUKOUMI AND

MATERIALS FOR PITCHING A REALITY TV SHOW BASED ON THE

CAREER “DREAM DAY” CONTEST

78. In or about April 2012, Katsoris approached IMG to represent the Loukoumi

character and to represent him in pitching a television series based on Dream Day, and IMG

agreed.

79. IMG and Katsoris agreed that IMG would pitch Loukoumi and the Dream Day

Reality TV Series to television networks. If IMG was successful in negotiating or securing a

deal, IMG would serve as the production company for the television show or series. In the

alternative, if a deal was reached with a channel that would not permit IMG to serve as

production company, Katsoris and IMG agreed that IMG would be entitled to an agency

commission of 15%.

80. Katsoris drafted a 2012 proposal for a reality television show (the “2012

Proposal”). Annexed hereto as Exhibit H is a copy of the 2012 Proposal.

81. The 2012 Proposal provides: “In this television segment kids would live their

Dream Days by following a different career choice in each episode. There is nothing more

powerful than making a kid’s dream come true and watching it first-hand would be inspiring for

kids to reach for their own dreams.” See Exhibit H.



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82. Katsoris and the IMG Producers traveled to PBS Kids’ offices in Washington, DC

to pitch the television series on August 15, 2012. Later in 2012, IMG and Katsoris also pitched

the series to the SPROUT Television network.

83. At all relevant times, Katsoris and IMG reasonably believed that any of the

companies that Katsoris pitched would compensate him as a condition for using the concepts and

associated intellectual property embodied in the proposal.

84. In January 2013, Katsoris and the IMG Producers decided that without improved

pitch materials, the project would not attract network attention.

85.To improve the project’s chance of success, the IMG Producers suggested that

Katsoris self-finance or seek sponsors for the production by IMG of the entire television series,

or having IMG produce a less-expensive pilot special or DVD.

86. In response to IMG’s suggestions, Katsoris requested budget proposals.

87. IMG subsequently presented several budget proposals to Katsoris, both for a

television series and a television special.

88. In March 2013, Katsoris and IMG Producer DeMasi traveled to St. Jude

Children’s Research Hospital in Memphis, Tennessee to pitch a Loukoumi TV Special and DVD

series.

89. While Katsoris and IMG were producing materials to pitch a television show,

IMG Participated in the 2014 and 2015 Dream Day Contest. See section D above.

90. In May 2014, the Foundation entered into a work for hire agreement with IMG

Productions to produce the Special. IMG’s involvement as producer was on a work for hire

basis and the work for hire agreement dated May 28, 2014 specified that “all notes,



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ideas…suggestions, plots,” etc. in the show are exclusively owned by Loukoumi. Annexed

hereto as Exhibit I is a copy of the work for hire agreement.

91. In May 2014, Katsoris discussed with IMG how the Special would be designed as

a pilot to pitch a Loukoumi series to networks. The parties again agreed that if IMG succeeded

in securing a Loukoumi television deal, IMG would produce the content or, in the alternative,

IMG would earn a 15% agency commission.

92. On May 22, 2014, IMG Producer Mayer wrote: “If we sell this to a network for

you---you better make sure we are the production company…we need to be tied to the project if

we sell it for you and in all due respect, you are not getting this to the next level without us.”

93. The Special was produced in the summer of 2014. The Foundation paid IMG

$101,730.51 to produce the Special.

94. IMG taped the Special’s first segment at the Loukoumi & Friends benefit concert

on June 23, 2014.

95. In Spring 2014, IMG edited children’s dream day videos in which kids stated,

“When I grow up I wanna be…” for the 2014 Dream Day Contest. A sampling of Dream Day

Contest videos can be viewed at http://www.loukoumifoundation.org/dream_day_videos.html.

The Special aired in October 2014 throughout the United States, including in New York. See

https://www.youtube.com/watch?feature=youtu.be&v=MAL6ZdH-S_o&app=desktop.

96. In October 2014, the U.S. Copyright Office granted Copyright Registration No.

PA0001926863 for the Special. Annexed hereto as Exhibit J is a copy of the registration.

97. In or about October 2014, IMG added the Special to its website, stating that the

TV Special “encouraged children to believe in themselves and make their dreams come true.”

Annexed hereto as Exhibit K is a copy of the announcement.



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98. Between November 2014 and April 2015, Katsoris and IMG repeatedly discussed

pitching the Special to networks as a pilot for a series.

99. Katsoris and IMG again agreed that if IMG were successful in securing a

television deal, IMG would produce the content. In the alterative, if the network did not wish

IMG to be the production company, IMG would be entitled to a 15% commission.

100. Katsoris and IMG Producers discussed IMG pitching Loukoumi to Nickelodeon.

101. In an email dated February 7, 2015 from Katsoris to Mayer, Katsoris writes:

“Steve, please let me know when we can discuss next steps on the TV front. As we discussed

last summer once the TV Special was done you had wanted to use it as a pilot to pitch.”

102. In January 2015, IMG presented the Special and the Loukoumi books to its parent

company, The William Morris Endeavor Talent Agency (“WME”), for additional representation.

103. In April 2015, IMG invited Katsoris into their offices to cut a sizzle reel of the

Television Special, and in particular the Dream Day segment, for pitching to networks. The

Television Special sizzle reel can be found at the following link:

https://www.youtube.com/watch?v=o6faOW2RvKI.

104. On the day the sizzle reel was cut, Katsoris spoke with IMG Producers again

about pitching Loukoumi and the Dream Days, which IMG Producer Mayer stated was the “most

powerful part of the show,” to Nickelodeon.

105. The sizzle reel is 5:25 in length, and 3:45 of it is dedicated exclusively to the

Dream Day segment.

106. After April 2015, Katsoris continued to reach out to IMG about pitching the

Loukoumi television Special and Dream Day to television networks. Despite several follow up

attempts by Katsoris, IMG failed to respond.



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107. Instead, on or about June 13, 2015, IMG and Nickelodeon announced a

development deal for a new show starring IMG client and football star Cam Newton. Cam

Newton was also announced as one of the show’s executive producers. A copy of a Nick Alive

news article announcing the development deal is annexed hereto as Exhibit L.

108. According to June 2015 published reports: “The currently untitled unscripted

television series will help kids find their dreams.”

F. COPYRIGHTABLE AND TRADEMARKED ELEMENTS OF THE CAREER

DREAM DAY SPECIAL

109. As set forth in Williams, there are a finite number of factors that, if weighed in

favor of the plaintiff, can protect the plaintiff’s work. The factors are theme, setting, character,

time sequence, and pace all comprising the total concept and feel of a work.

110. THEME: Katsoris and the Foundation used a traditional theme in children’s

works: dreams. However, Plaintiffs intentionally specified career dreams and sought to motivate

children in a new way to achieve their career goals.

111. SETTING: To achieve this new way to motivate children, Plaintiffs thought to

start with the children. By doing so, Plaintiffs intentionally expressed a setting that other

children could relate to (i.e. the home or a school). Then, the setting moves to the child being

exposed to his or her career dream on the most successful level possible (i.e. a child who wanted

to be a TV Chef went straight to a national television platform).

112. CHARACTER: Plaintiffs use two primary characters: a single child who wants to

achieve a goal paired with celebrities to help the child achieve his or her career goal. This

pairing two characters to express a theme of children’s works has never been expressed or

utilized in a repetitive, tangible, and concrete form of expression.



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113. TIME SEQUENCE: The sequence of Plaintiff’s work is one child per episode

segment. The episode is centered around and begins with a video expressing that child’s goal.

Even these user-generated videos are identical: only the child himself or herself is in the video

frame where he or she speaks into the camera and states his or her career goal. Each episode

involves a meeting with the celebrity. Each episode concludes with a celebrity helping that child

to achieve his or her goal.

114. PACE: Each episode begins with a child stating his or her career goal. After the

career goal is introduced, the celebrity will assist in making the child’s dream a reality in an

over-the-top manner. Both works involve a single child meeting with a celebrity in a work-

related setting and then both the celebrity and child participating in that child’s dream career.

G. CAM NEWTON’S INVOLVEMENT WITH IMG AND NICKELODEON

115. Cam Newton is the quarterback for the NFL’s Carolina Panthers. He played

college football at Auburn University and was drafted as the first overall pick by the Panthers in

the 2011 NFL Draft.

116. On or about February 1, 2011, IMG signed Newton to a multi-year contract.

According to IMG’s press release, IMG represents “Newton in the development, organization

and administration of all licensing, internet, multimedia, endorsement, modeling, speaking,

appearance, film, television, theatrical, broadcast, literary opportunities and similar activities.”

A copy of the IMG press release is annexed hereto as Exhibit M.

117. Former IMG Head of Production Steve Mayer, who was also the Executive

Producer of the Loukoumi TV Special, has worked intimately and directly with Cam Newton

and Cam Newton’s agent on at least two projects.



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118. Carlos Fleming is Cam Newton’s agent who has worked extensively and directly

with Steve Mayer on numerous projects for both Cam Newton and other IMG clients where

Carlos Fleming’s clients have been featured in television shows and other specials executively

produced by Steve Mayer.

119. Mayer executive-produced the annual Hall of Game Awards on the Cartoon

Network. Newton appeared as a guest in 2012 and hosted the show in 2014. See

http://www.examiner.com/article/colin-kaepernick-cam-newton-to-host-cartoon-network-s-4th-

hall-of-game-awards.

120.Mayer worked intimately with Newton in 2014 on the Hall of Game Awards, the

same year that Mayer executive-produced the Special.

H. KATSORIS’S PITCH MEETING WITH NICKELODEON IN 2011

121. In August 2011 Katsoris met with Elly Kramer, head of Programming and

Development for Nickelodeon. The meeting was held at Nickelodeon’s New York City offices.

122. Also at the meeting was actor Frank Dicopoulos. Dicopoulos has participated in

all the Loukoumi narrations as the voice of the character “Dean the Dog.”

123. At the meeting, Katsoris presented Viacom and Nickelodeon with copyrighted

materials including a full set of the Loukoumi books, press clippings, photos and press on the

career Dream Days and a specific proposal for a show for Nick Jr. or Nickelodeon where

children’s career dreams come true in every episode. These materials were left with Elly

Kramer.

124. In a follow-up email dated August 12, 2011, Katsoris wrote to Kramer saying:

“Here is our NBC News coverage of our Dream Day contest. Please click here: .

http://www.loukoumi.com/press_reviews/video6.html. Again this could be the basis



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for our Dream Day segment where real kids get to live their dream days like a

reality segment for kids.”

125. Kramer responded via email dated August 16, 2011: “Thank you both for the e-

mails and for sharing Loukoumi with us. It is truly incredible what you have already

accomplished with this property. I was able to share Loukoumi with the rest of the development

team and unfortunately it does not fit our development needs at the present time.” see Exhibit

N)

126. Thus, Nickelodeon’s entire development team had access and exposure to the

copyrighted works, the trademarks and the novel concepts embodied in the successful Dream

Day project.

I. KATSORIS’S PITCH MEETING WITH NICKELODEON IN 2015

127. On July 22, 2015, Plaintiffs again met with Elly Kramer. Frank Dicopoulos and

Effie Samios were also present on behalf of the Plaintiffs’ production team. Again, Plaintiffs

provided many written and visual materials to Viacom and Nickelodeon including a very

detailed Powerpoint (a copy of the PowerPoint is annexed as Exhibit O.), press clippings, a

“sizzle reel” in which Sophie lived her Dream Day with Constantine Maroulis living her

Broadway Dream Day. All of these materials elaborated copyrightable elements related to

Plaintiff’s novel concept for a show where a celebrity or expert makes children’s career dreams

come true in every episode.

128. Also at the 2015 meeting, Plaintiffs explained that the Special was produced by

IMG. Neither Viacom nor Nickelodeon mentioned that they had a similar program in the works.

At the meeting, the parties specifically discussed Nickelodeon buying the career Dream Day

format for a television show.



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129. Katsoris followed up with an email confirming this and sent Kramer a link to a

press clip from NBC News featuring two Loukoumi Dream Day winners Sophie who lived her

dream day at NASA and Lionel who lives his soccer dream day with the NY Red Bulls.

130. Elly Kramer said that Plaintiffs have "an embarrassment of riches here" and that

she was very interested in developing a television show. Elly Kramer asked for additional

information and another detailed proposal was sent via email. Nickelodeon production manager

Alexandra Johnson-Gamsey was copied on the emails between Katsoris and Kramer. Kramer

and her team have worked intimately not only with Nick Jr. but also Nickelodeon.

131.

Kramer stated that Nickelodeon would be interested and if Nickelodeon were

unable to purchase the entire show, that it is in their usual course of business to buy show

properties and also to co-produce shows.

132. Katsoris specifically asked Kramer in person and in a follow-up e-mail: “Do you

think a live action show focusing on our dream days where kids live their dream careers might be

something that maybe not Nick Jr., but Nickelodeon might be interested in?”

133. On August 27, 2015, Kramer responded via email: “We very much appreciate

what you’ve created and love the idea of encouraging kids to make a difference. Unfortunately

the project does not support what we’re currently looking for.” (see Exhibit P)

J. PLAINTIFFS ENGAGE IN NEGOTIATIONS WITH THE DISCOVERY

CHANNEL IN 2015

134. In or about the summer of 2015, Katsoris provided a copy of the Special and other

materials to the Discovery Network for review. Following talks in the spring and summer 2015,

Discovery Channel ‘green-lighted’ a 5-10 week television series featuring Loukoumi and Dream

Days, in a format identical to what Plaintiffs pitched to Viacom and Nickelodeon.



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135. However, as explained below, before the shows could be produced or aired,

Katsoris learned that Defendants were already producing a television show (the Infringing

Work) that, at the time, was named, “I Wanna Be,” thus irreparably harming the potential for the

Loukoumi program to air on the Discovery Channel.

K. A NEW SERIES IS ANNOUNCED BY NICKELODEON

136. On or about September 22, 2015, Nickelodeon announced a green-light for a new

show, starring IMG client Cam Newton.

137. According to Nickelodeon’s September 22, 2015 press release about the

Infringing Work: “I Wanna Be will follow Newton as he takes real kids on the ride of their lives

to help make their dreams come true. The 20-episode series is slated to air in 2016 and will shoot

during the NFL off seasons. From decorating award-winning cakes to landing a spot on a

Broadway stage,2 kids will be mentored by experts and supported by Newton as he cheers them

on, and participates in the action, every step of the way.” A copy of the Nickelodeon press

release is annexed hereto as Exhibit Q.

138. In November 2015, Katsoris first learned of the existence of Nickelodeon and

Viacom producing a television show called, “I Wanna Be.”

139. On November 24, 2015, Katsoris and the Foundation sent a cease-and-desist letter

to Nickelodeon, Viacom, IMG and Magical Elves, the production company producing “I Wanna

Be.” Magical Elves is also a client of WME, the parent company of IMG.

140. The television show is currently being taped as Cam Newton has completed the

2015-2016 football season.

2 Landing a spot on a Broadway stage is identical to Sophia’s career Dream Day featured in the Special.



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141. The Foundation is pursuing its contractual and other claims against IMG

Productions through mediation and arbitration pursuant to the Work For Hire Services

Agreement between the Foundation and IMG ( see Exhibit I), which requires mediation followed

by arbitration.

142. At no time have plaintiffs authorized IMG, Viacom or Nickelodeon to reproduce,

adapt, distribute or perform the said copyrighted material.

143. By reason of defendants’ infringement and threatened infringement, plaintiffs

have sustained and will continue to sustain substantial injury, loss, and damage to their

ownership rights in the copyrighted work.

144. Further irreparable harm to plaintiffs is imminent as a result of defendants’

conduct, and plaintiffs are without an adequate remedy at law. Plaintiffs are entitled to an

injunction restraining defendants, their officers, directors, agents, employees, representatives and

all persons acting in concert with them from engaging in further such acts.

145. Plaintiffs are further entitled to recover from Defendants the damages sustained

by Plaintiffs as a result of Defendants’ acts of copyright infringement, trademark infringement,

unfair competition, breach of fiduciary duty, aiding and abetting breach of fiduciary duty, breach

of contract, breach of implied contract and unjust enrichment. Plaintiffs are at present unable to

ascertain the full extent of the monetary damage plaintiffs have suffered by reason of defendants’

acts of copyright infringement and otherwise, and such amount is to be determined by the Court.

L. DEFENDANTS’ INFRINGING WORK USES PLAINTIFF’S COPYRIGHTABLE

ELEMENTS AND TRADEMARKED PHRASE



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146. As set forth in Williams, there are a finite number of factors that, if weighed in

favor of the plaintiff, can protect the plaintiff’s work. The factors are theme, setting, character,

time sequence, and pace all comprising the total concept and feel of a work.

147. THEME: The theme is identical – on the most basic level, both works encourage

children to achieve their dreams. Furthermore, both of the television shows have a unique and

innovative thematic element: both are focused on encouraging children to visualize, chart, set

and realize career goals. Both television shows capitalize on the effect that a celebrity mentor

will have a child and child-viewers giving a child the tools and discussing the hard work

necessary to set goals and to persevere to make their dreams come true.

148. SETTING: Both works involve a single child creating a video in his or her local

environment (e.g. home, school, community center, etc.) expressing a dream. Both works

involve a single child traveling to a location to realize his or her dream. Both works involve a

single child meeting with a celebrity in a work-related setting.

149. CHARACTER: Both television shows feature a host and a celebrity paired with a

child. In the Special Cat Cora serves as host and Cam Newton serves as host in the Nickelodeon

show. Both shows also feature celebrity experts in their fields. Tony Nominee Constantine

Maroulis is featured in the Special mentoring a young girl and in an episode of “All In With Cam

Newton” basketball star Lisa Leslie is featured mentoring a young girl. . Comparing the works,

the children look similar, have remarkably similar dreams and are taken through the same

experiences. Thus, the works feature people who fit into the same character – Newton, the

celebrity experts and the respective children play the same roles.

150. TIME SEQUENCE: The time sequences are strikingly similar. Both television

shows are structured around one child per episode segment. The episode segment is centered



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around and begins with a video expressing that child’s goal. Even these user-generated videos

are identical: only the child himself or herself is in the video frame where he or she speaks into

the camera and states his or her career goal. Each episode involves a meeting with the celebrity.

Each episode concludes with a celebrity helping that child to achieve his or her goal.

151. PACE: An examination of the videos shows that the pacing of the works is

remarkably similar. Each episode begins with a child stating his or her career goal. After the

career goal is introduced, the celebrity will assist in making the child’s dream a reality in an

over-the-top manner. Both works involve a single child meeting with a celebrity in a work-

related setting and then both the celebrity and child participating in that child’s dream career.

Both works feature the celebrity being extensively involved in this entire process whether it be

singing alongside with a little girl who wanted to be a Broadway star to Cam standing alongside

a little girl in a hospital with dreams of breaking into the medical field.

152. TOTAL CONCEPT AND FEEL: All the above-mentioned factors culminate in

an analysis of the total concept and feel of the works. A reasonable observer could conclude that

these two works are similar in their total concept and feel. Here, not only are the theme, setting,

characters, time sequence, and pace similar, but the expression of these factors is not only

similar, it is identical. The similarities between the works do not simply stem from the fact that

both works are aimed at children – there are substantial similarities between the abovementioned

factors that make it clear that Viacom could not have created such a television show completely

independent of Katsoris and the Foundation. The substantial similarities between the elements

render the total concept and feel of the two shows identical. It is clear that no reasonable

observer would be able to conclude otherwise.



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FIRST CAUSE OF ACTION

COPYRIGHT INFRINGEMENT 17 U.S.C. §101 et seq.

KATSORIS AGAINST DEFENDANTS AND THE FOUNDATION AGAINST VIACOM

153. Plaintiffs repeat and reallege each of the foregoing paragraphs as if fully set forth

herein.

154. As excerpted below in pertinent part, Copyright Act 17 U.S.C. § 106 gives the

copyright owner the “exclusive rights to:

(2) to prepare derivative works based upon the copyrighted work;

(3) to distribute copies [….] of the copyrighted work to the public by saleor other transfer of ownership, or by rental, lease, or lending;

(4) in the case of literary […. ] works [….] and motion pictures and otheraudiovisual works, to perform the copyrighted work publicly;

(5) in the case of literary [……] dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including theindividual images of a motion picture or other audiovisual work, to displaythe copyrighted work publicly.”

155. As set forth above, Defendants had access to Plaintiffs’ copyrighted works. A

comparison of the works shows probative similarity between the works. Upon information and

belief, Defendants did not independently create the Infringing Work.

156. The copying from Dream Days to the Infringing Work is both qualitatively and

quantitatively sufficient to support the legal conclusion that infringement has occurred.

157. By using Plaintiff’s copyrighted materials to create a television show that is

substantially similar to Plaintiff’s copyrighted materials, Defendants have violated each of

Plaintiff’s rights enumerated in 17 U.S.C. § 106 (2-5).

158. As set forth above, Katsoris is the author of and owns copyrighted material found

in the Loukoumi Dream Day Reality show. Katsoris and the Foundation also own copyrighted

material in the Make A Difference with Loukoumi television special.



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159. As described more fully above, copyrights in these works have been registered

with the U.S. Copyright Office.

160. As set forth more fully above, Defendants IMG and Viacom Inc. have had access

to, copied, and intend to produce the television series “I Wanna Be”, which is an infringing

derivative work based on Plaintiff’s copyrighted works.

161. Plaintiffs have not authorized IMG or Viacom to prepare a derivative work.

162. Defendants’ conduct violates the exclusive rights belonging to Plaintiffs as

owners of the copyrights, including, without limitation, Plaintiffs’ rights under 17 U.S.C. § 106.

163.As a direct and proximate result of their wrongful conduct, Defendants will

realize profits and other benefits rightfully belonging to Plaintiffs. Accordingly, Plaintiffs seek

an award of damages pursuant to 17 U.S.C. §§ 504 and 505.

164. IMG and Viacom’s infringing conduct has also caused and is causing substantial

and irreparable injury and damage to Plaintiffs in an amount not capable of determination, and,

unless restrained, will cause further irreparable injury, leaving the Plaintiffs with no adequate

remedy at law.

165. As set forth above, IMG and Viacom were specifically put on notice of Plaintiffs’

rights during pitch meetings to IMG and Nickelodeon representatives.

166. Accordingly, since IMG and Viacom were put on notice of Plaintiffs’ rights and

yet have intentionally copied Plaintiffs’ works, Plaintiffs are entitled to the maximum statutory

damages allowable.

167. In the alternative, the Copyright Act permits Plaintiffs to elect to pursue actual

damages at any time prior to trial. Plaintiffs are thus entitled to pursue actual damages in an

amount to be determined at trial.



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168. Upon information and belief, WME IMG, LLC is the successor-in-interest to

IMG; accordingly, judgment should be awarded against WME IMG, LLC on this cause of action

for all claims stated against IMG.

SECOND CAUSE OF ACTION

UNFAIR COMPETITION 15 U.S.C. §1125(a) et seq.

PLAINTIFFS AGAINST VIACOM AND KATSORIS AGAINST IMG


herein.

170. Lanham Act § 43(a) protects registered and unregistered trademarks.

171. In the beginning of the videos that Plaintiff used, produced, promoted, and

circulated, the children all said “I wanna be.” This phrase was widely published and promoted

by Plaintiffs.

172. IMG and Viacom’s use of the phrase “I wanna be” in development and promotion

of the Infringing Work followed pitch meetings by Katsoris and the Foundation in which

Nickelodeon representatives viewed the trademark “I wanna be” phrase used repeatedly in

connection with a reality show and contest entries for a dream day on which children have an

opportunity to realize their dreams for a day.

173. Defendants’ use of the trademark phrase “I wanna be” in similar commercial

advertising and/or promotional materials and commercial activities are likely to cause confusion

or to cause mistake, or to deceive as to the connection of Defendants television show with

Plaintiff’s television show.

174. As described above, IMG and Viacom’s use of the phrase “I wanna be” occurred

following events that put Viacom on notice of Plaintiff’s rights, and thus Viacom’s use of

Plaintiff’s trademark was intentional.



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175. By intentionally concealing Katsoris’ and the Foundation’s authorship and

ownership of the phrase “I wanna be” in connection with the production of a television show

where children realize their dreams, IMG and Viacom engaged in “reverse passing off” in

violation of § 43(a) of the Lanham Act.

176. IMG and Viacom’s intended use of the phrase “I wanna be” will dilute Plaintiffs’

trademark in violation of 15 U.S.C. § 1125(c).

177. IMG and Viacom’s intended use of the phrase “I wanna be” will tarnish

Plaintiffs’ trademark.

178.Because IMG and Viacom’s infringement of Plaintiffs’ trademark was willful,

this is an “exceptional case” under the Lanham Act, and damages and attorneys’ fees should be

determined at trial and awarded by the court.




THIRD CAUSE OF ACTION

DECLARATORY JUDGMENT 28 U.S.C. §§ 2201 & 2202

PLAINTIFFS AGAINST ALL DEFENDANTS


herein.

181. As set forth above, Defendants are infringing upon copyrightable and

trademarked intellectual property and in novel concepts protected by contract owned by Katsoris

and the Foundation, including, but not limited to, the phrase “I wanna be” and other elements of

the career Dream Day.



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182. The intellectual property is subject to protections of both the Copyright Act and

Lanham Act, as well as under the common law.

183. Because this claim presents an actual case or controversy that would be resolved

by declaratory relief, Plaintiffs seek a declaration of ownership rights concerning Loukoumi and

the associated intellectual and other property along with preliminary and permanent injunctive

relief pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202.

FOURTH CAUSE OF ACTION

UNFAIR COMPETITION/DILUTION

NEW YORK GENERAL BUSINESS LAW §360-1

PLAINTIFFS AGAINST VIACOM AND KATSORIS AGAINST IMG


herein.

185. New York General Business Law §360-1 protects registered and unregistered

trademarks against dilution. New York law protects unregistered common law trademarks from

infringement.

186. Katsoris and the Foundation developed a trademark phrase “I wanna be” within

Dream Day Contest videos and pitch materials specifically used for the promotion of a television

series based around the phrase “I wanna be.”

187. The phrase “I wanna be” became recognized as a source identifier by consumers

and acquired secondary meaning and fame.

188. The phrase “I wanna be”” was incorporated without Plaintiffs’ permission in the

working title and in its promotional videos for IMG and Viacom’s upcoming television show.

189. IMG and Viacom’s use of the phrase “I wanna be” in the context of user-

generated home videos used for a child’s career dream day in a television show, will confuse



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consumers of the Loukoumi Dream Day contest, leading consumers to believe that Katsoris and

the Foundation have endorsed Viacom’s production.

190. IMG and Viacom’s use of the phrase “I wanna be” followed pitch meetings by

Katsoris and the Foundation in which Nickelodeon representatives viewed the trademark “I

wanna be” phrase being used repeatedly in connection with a reality show contest in which

children have an opportunity to realize their career dreams for a day with the child paired with a

celebrity.

191. As described above, IMG and Viacom’s use of the phrase “I wanna be” occurred

following circumstances that put Viacom on actual notice of Plaintiffs’ rights, and thus Viacom’s

use of Plaintiffs’ trademark was intentional.

192. IMG and Viacom’s intended use of the phrase “I wanna be” will dilute Plaintiffs’

trademark.




194. Because IMG and Viacom’s infringement of Plaintiffs’ trademark was willful,

damages and attorneys’ fees should be determined at trial and awarded by the court.

FIFTH CAUSE OF ACTION

N.Y. GEN BUS. LAW § 349

PLAINTIFFS AGAINST ALL DEFENDANTS


herein.



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196. New York State General Business Law § 349 prohibits deceptive acts and

practices. The above alleged conduct of all Defendants amounts to unlawful, deceptive, and

unfair business practices.

197. Gen. Bus Law § 349 subsection (h) provides for a private right of action including

injunctive relief.

198. Defendants’ anticipated production of the Infringing Work is based upon their

intentional infringement of Plaintiffs’ intellectual property, including knowingly profiting from

contractually-protected novel concepts together with protectable intellectual property interests

that were disclosed to Defendants under circumstances requiring payment for use and source

identification.

199. In light of the Defendants’ promotional materials and other materials in the public

domain, Defendants’ anticipated production of “I wanna be” has intentionally caused and will

continue to intentionally cause actual deception and confusion to consumers in the State of New

York as to the origin of “I wanna be.”

200. Therefore, Defendants are liable to Plaintiffs for violations of Gen Bus. Law §

349, and the Court should award damages, treble damages, attorneys’ fees and injunctive relief.

SIXTH CAUSE OF ACTION

BREACH OF FIDUCIARY DUTY/ TORTIOUS INTERFERENCE WITH ACTUAL AND

PROSPECTIVE BUSINESS OPPORTUNITIES/ACCOUNTING

KATSORIS AGAINST IMG

201. Plaintiffs repeat and reallege the foregoing allegations and incorporate them

herein by reference.

202. IMG worked as Katsoris’ agent from April 2012 until the present.



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203. As agent for Katsoris, IMG owes a fiduciary duty as well as duties of care, loyalty

and good faith to Katsoris. IMG’s duties require it to operate prudently in the operation of

Katsoris’ business, to discharge actions in good faith, to act in Katsoris’ best interests, and to put

Katsoris’ business before its own.

204. As described above, IMG contracted with Katsoris to act as his agent in exchange

for the opportunity to produce the Special for the Foundation as well as for the opportunity to

serve as producer on future Loukoumi productions or, in the alternative, receive a 15%

commission if the broadcast network chose another producer.

205.

Katsoris fully performed his part of the agreement by delivering materials in a

timely matter, attending pitch meetings and fulfilling all reasonable requests.

206. IMG breached its fiduciary duties to Katsoris and engaged in self-dealing by

diverting an opportunity that Katsoris had worked many years to develop to itself.

207. Specifically, Katsoris worked with IMG through the Foundation to develop

opportunities for a charity to sponsor a reality show that would permit children to realize their

dreams and that would benefit children’s charities.

208. At all times, IMG knew that Katsoris was trying to develop opportunities to

benefit charities.

209. IMG used Katsoris’ resources and indeed Katsoris himself to develop an

opportunity for a show with Nickelodeon.

210. When the opportunity for a television show with Nickelodeon arose following

Katsoris’ efforts, IMG diverted the opportunity to itself and to its other client, Cam Newton,

without Katsoris’ knowledge or consent.



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211. A work for hire agreement between the Foundation and IMG provided for a

fifteen-day exclusive right of first negotiation for “any similar television special” in the event a

representative of the Foundation secured a broadcast or syndication deal.

212. IMG has thus been unjustly enriched at Katsoris’ expense and at the expense of

the charities he supports.

213. The development deal with IMG and Nickelodeon for the show “I wanna be”

appears identical to the Loukoumi Dream Day Reality show that IMG pitched to television

networks and others on behalf of Katsoris.

214.

IMG breached its fiduciary duties of loyalty and good faith by diverting the

development deal to another client and to another production company.

215. Katsoris has been damaged by IMG’s breach of its fiduciary duties to him.

216. By profiting from Katsoris’ labors without justly compensating him, IMG has

been unjustly enriched.

217. Based on the foregoing, Plaintiffs are entitled to an accounting from IMG and a

delivery of all property, contracts and benefits received as a result of IMG’s usurpation of

opportunities created using Katsoris’ resources.

SEVENTH CAUSE OF ACTION

AIDING AND ABETTING BREACH OF FIDUCIARY DUTY

KATSORIS AGAINST VIACOM

218. Plaintiffs repeat and reallege the foregoing allegations and incorporate

them herein by reference.

219. As mentioned in the Sixth Cause of Action, IMG breached its fiduciary

duty to Katsoris.

220. Viacom knew that IMG was Katsoris’s agent and as such, Viacom knew



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that IMG owed a duty to the plaintiff.

221. Viacom had actual knowledge of IMG’s fiduciary duty to Katsoris and the

Foundation. Viacom had actual knowledge of IMG’s breach of that fiduciary duty because

Viacom knew that Katsoris and the Foundation owned and that IMG had merely produced the

Dream Day special as a work for hire for Katsoris and the Foundation. This fact was disclosed at

the meetings between Katsoris and Viacom, but Viacom never disclosed a development

partnership with IMG.

222. Viacom failed to act to alert Katsoris when the circumstances required it to do so

and thus enabled and encouraged IMG’s breach of fiduciary duty. Viacom again had additional

notice of Plaintiff’s relationship in November 2015 when Plaintiff was forced to write Viacom a

cease and desist letter. Despite actual knowledge of this relationship, Viacom, persisted and

continues in aiding IMG’s breach of fiduciary duty to Plaintiff by allowing the development of

the show to continue with another IMG client.

223. In a letter from Mr. Steven C. Beer, Esq. to attorneys for IMG and Viacom, Mr.

Beer explicitly states that IMG was under a work-for-hire services agreement. (see Exhibit R )

224. Viacom provided substantial assistance to IMG’s breach by continuing to

develop a stolen idea starring another IMG client, Cam Newton. As such, Viacom was able to

perpetuate copying Plaintiff’s copyrightable work in conjunction with IMG.

225. Viacom provided integral assistance to IMG’s breach of fiduciary duty to

Katsoris and as such, Plaintiff’s injury was proximately caused by Viacom. Viacom’s show is

now filming and the harm to Plaintiff is growing.

226. As a result of Viacom aiding and abetting IMG’s breach of fiduciary duty,

Plaintiff suffered damages in an amount to be determined by the court.



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EIGHTH CAUSE OF ACTION

INJUNCTION IN AID OF ARBITRATION UNDER THE FEDERAL ARBITRATION

ACT

THE FOUNDATION AGAINST IMG



228. The Foundation entered into a work for hire agreement with IMG pursuant to

which all rights to the Special are owned by the Foundation.

229. The work for hire agreement contractually binds the Foundation and IMG to

mediation and arbitration.

230. IMG has actual knowledge that the Foundation believes IMG is in breach of the

work for hire agreement.

231. However, as set forth above, IMG and Viacom’s infringing television series is

scheduled to launch in early 2016, causing irreparable harm to Plaintiffs.

232. The Foundation has pursued mediation and arbitration with IMG, which is

unlikely to resolve prior to the scheduled launch of IMG and Viacom’s infringing television

series.

233. Katsoris and the Foundation have no adequate remedy at law.

234. Because the Defendants had and continue to have actual notice of Katsoris and

the Foundations’ rights, the balance of equities tips in favor of Katsoris and the Foundation.

235. The public interest would not be disserved by issuing injunctive relief in favor of

Katsoris and the Foundation.

236. The FAA, 9 U.S.C. §§ 1 et seq., requires that courts enforce privately negotiated

agreements to arbitrate . . . in accordance with their terms. The Second Circuit has recognized



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that a court’s power to compel arbitration is meaningless without the power to also issue

injunctive relief when necessary to maintain the status quo during arbitration.

237. In this case, arbitration would become a ‘hollow formality’ absent an order

preserving the status quo ante and restraining any further violations of the rights of Katsoris and

the Foundation.

NINTH CAUSE OF ACTION

BREACH OF IMPLIED CONTRACT

KATSORIS AGAINST VIACOM



239. Katsoris and the Foundation prepared extensive written and visual materials in

anticipation of a meeting with Nickelodeon. Plaintiffs offered these written and visual materials

which contained novel concepts and copyrighted and trademarked content to Viacom as the basis

for a commercial television broadcast.

240. In preparation for both the 2011 and 2015 meeting, Plaintiff prepared materials, a

pitch, and reasonably expected to be compensated if the parties could reach an agreement based

on Viacom’s continuing interest in the success of career Dream Days.

241. In the entertainment industry, ideas and stories for a television series are pitched

in confidence with the intent to interest studios or producers in purchasing those ideas and

turning such ideas into a television series for commercial gain and broadcast. During Katsoris’

multiple meetings with Viacom, Viacom voluntarily received Plaintiff’s ideas and intellectual

property with the knowledge that Katsoris was pitching an idea with the goal of it being

purchased by Viacom.



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242. It was mutually understand under the custom and practice of the television

industry, that if Nickelodeon used these written and visual materials as part of a commercial

broadcast, the source of the concept and associated intellectual property would receive

compensation. This method of pitching ideas to networks with the common goal of creating a

commercial broadcast is common industry practice.

243. Using Plaintiffs’ novel concepts, together with copyrighted and trademarked

materials, as embodied in the written and visual materials used by Katsoris in the meetings with

Viacom Nickelodeon stands to make a large profit. As a direct and proximate result of Viacom’s

actions, Plaintiffs will suffer damages in an amount to be determined, but not less than $75,000.

WHEREFORE, Plaintiffs demand judgment as follows:

(1) A declaratory judgment that Plaintiffs own “Loukoumi The Lamb” as well as all

related intellectual property including, but not limited to, the phrase “I wanna be”;

(2) A permanent injunction barring the Defendants from violating Plaintiffs’ rights in

their intellectual property, including but not limited to the phrase “I wanna be”, by

producing, broadcasting or otherwise disseminating the anticipated Nickelodeon

show of the same title;

(3) A permanent injunction enjoining Defendants and all persons acting in concert

with them from manufacturing, reproducing, distributing, adapting, displaying,

advertising, promoting, offering for sale and/or selling, or performing any

materials that are substantially similar to Plaintiffs’ copyrighted work;

(4) An injunction in aid of arbitration;

(5) An award of statutory, actual and other damages in an amount to be determined at

trial;



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(6) An order compelling an accounting from Defendants to ascertain the amount of

profits and compensation received from the infringing work “I wanna be” and any

other violations of Plaintiffs’ rights associated with Loukoumi generally;

(7) An award of Plaintiffs’ costs and disbursements of this action, including

reasonable attorneys’ fees; and

(8) Any such other and further relief as to the Court may deem just, proper and

equitable.

Dated: New York, New York 1, 2016

Respectfully submitted,

DUNNINGTON BARTHOLOW & MILLER LLP Attorneys for Plaintiffs

By: /s Samuel Blaustein____________Raymond J. DowdSamuel Blaustein250 Park Avenue New York, NY 10177 Tel: (212) 682-8811 [email protected] [email protected]


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