A lawsuit filed in the Los Angeles Superior Court against Bodog
Entertainment Group and related parties by BlueMoon Entertainment of L.A.
was dismissed on Monday. BlueMoon also dropped its lawsuit against Fox
Sports Net (FSN). The lawsuit against both Bodog Entertainment Group (and
related defendants) and Fox Sports Net was dismissed with prejudice, meaning
that BlueMoon cannot later re-assert its claims. “My client takes
accusations of this type extremely seriously and will fight to whatever
extent the law allows to ensure that frivolous claims brought against it are
dismissed,” said Bodog Entertainment Group attorney James Nguyen, a partner
at Foley & Lardner LLP and co-chair of the firm’s Entertainment & Media
Industry Team. “Bodog Entertainment Group wants to make clear that entities
who decide to pursue litigation against it for capricious reasons or to try
to get a quick nuisance value settlement payment will not be rewarded. My
client believes the lawsuit by BlueMoon Entertainment was frivolous, and
will vigorously defend itself from such baseless litigation. The case
brought against Costa Rican-based Bodog and U.S.-based Fox Sports Net had no
merit and it is telling that BlueMoon Entertainment abandoned the lawsuit.”
Filed in April 2006 in Los Angeles Superior Court, BlueMoon Entertainment’s
lawsuit alleged that Bodog Entertainment Group and its CEO Calvin Ayre were
in breach of contract, breach of confidence and misappropriation of ideas in
relation to Mr. Ayre’s self-produced reality television series, which aired
on Fox Sports Net (FSN). BlueMoon Entertainment claimed that it had proposed
a similar show to Bodog Entertainment Group, though never had any written
contract with Bodog Entertainment Group to produce any television program or
to enter into any other business relationship together.
The Calvin Ayre Wild Card Poker show was significantly different in numerous
respects from the show proposal alleged by BlueMoon Entertainment. The only
similarities were the involvement of Mr. Ayre and poker.
Immediately upon filing the suit in April, BlueMoon Entertainment sought a
temporary restraining order to halt the broadcast of Calvin Ayre Wild Card
Poker on Fox Sports Net. But BlueMoon Entertainment lost that effort, when a
judge of the Los Angeles Superior Court ruled against it at the TRO hearing.
After that loss, BlueMoon Entertainment sought to extract a significant
monetary payment from Bodog Entertainment Group, which was flatly rejected
because Bodog Entertainment Group had no liability.
“This is just yet another case of a producer coming out of the woodworks to
file a baseless lawsuit against a successful entertainment project because
the producer somehow, somewhere met someone involved with the project,”
Nguyen said. “In reality, BlueMoon Entertainment raced to the courthouse to
file this lawsuit before the Calvin Ayre Wild Card Poker series was aired on
Fox Sports Network, and therefore without even knowing what the show looked
like. Before actually seeing the Bodog program, how could BlueMoon
Entertainment reasonably believe that its supposed show proposal was
strikingly similar to Calvin Ayre Wild Card Poker? The answer is BlueMoon
could not have, and my client believes that shows the lawsuit was baseless
to begin with.”
On Monday, BlueMoon representatives appeared in court and voluntarily
dismissed the case with prejudice, thus agreeing not to pursue any more
litigation against either Mr. Ayre, any member of the Bodog Entertainment
Group or Fox Sports Net in relation to the television series.
The fact that BlueMoon dismissed the lawsuit so quickly, without even
requiring Bodog Entertainment Group S.A. to file a response to the
complaint, just confirms the weakness in the case. Equally telling, is that
BlueMoon filed its lawsuit, lost hearings in the case, and then promptly
gave up on pursuing the case.
“It is very rare for a plaintiff to just voluntarily dismiss a lawsuit with
prejudice so early in the case. That is a testament to the weakness in
BlueMoon’s legal position,” Nguyen said.
Mr. Ayre and Bodog are not afraid to fight frivolous lawsuits, and will not
settle frivolous claims just for efficiency’s purposes. This lawsuit was
baseless and appears to have been a cash-grab attempt.
The Bodog Entertainment Group continues to expand its digital entertainment
division with a list of new television shows slated to kick off in the fall.
The Calvin Ayre Wild Card Poker television series, which showcased Mr.
Ayre’s billionaire philanthropist lifestyle, aired on Fox Sports Net (FSN)
in spring of 2006.
See Blue Moon’s Response http://www.gamblingwiz.com/gambling-news/2006/08/bluemoon-entertainment-says-bodog-uses.html
