A small Los Angeles-based production company is suing ESPN for more than $80 million, claiming that the network stole its concept for a fishing show starring bikini-clad women.
In a suit filed in U.S. District Court in California, Flying Mallard Productions accuses ESPN of copyright infringement, breach of contract and several other violations for allegedly keeping the show's originators out of the production credits for "Fish On," which aired last year on ESPN2, and then eliminating all ties to the company and relaunching the show under a different name for a second season.
The new show, called "Totally Hooked," has a logo that appears almost identical to that of "Fish On." ESPN spokesman Mike Soltys confirmed that the shows have a similar concept. "Totally Hooked" will air this fall on ESPN2 in the 11 p.m. Monday time slot. "Fish On" aired on ESPN2 the year before at 9 p.m. on Mondays.
But he said that after an initial review of the suit, ESPN could "find no legal merit in the claim." He did not elaborate, saying that ESPN had only just received the suit and would need to examine it further.
Flying Mallard principals Scott Gurney and Deirdre Delaney, who both appeared on "Fish On" and say they acted as producers, are listed as plaintiffs in the case. They claim they originally proposed the show to ESPN as a time-buy, but ESPN decided to get more involved and play a role in producing the show and selling advertising. ESPN paid $30,000 for rights to the show but indicated there were greater riches to come should the show be picked up for a second season, the suit said.
It went on to claim that Gurney played an active role in filming and planning the first season of "Fish On," which averaged a 0.24 rating on ESPN2, but that he was never given the production credit he was promised.
The suit said that while Gurney and Delaney were not acknowledged in the show's credits or in some press releases issued by ESPN regarding the show, the brother of ESPN senior vice president Mark Shapiro, Jeff Shapiro, received an associate producer credit, after Shapiro had gotten his brother a job on the show as a production assistant.
The suit went on to claim that after giving Flying Mallard Productions an initial indication via e-mail that "Fish On" would be renewed for a second season, the network changed its mind and decided to move ahead with a similar show under a different name, with no involvement by the show's original creators.
While "Fish On" was officially being scrapped, the suit claims, ESPN had "secretly gone behind the backs" of Flying Mallard Productions and made offers to some of the bikini-clad on-air talent to appear in "Totally Hooked." Then, the suit alleges, ESPN pitched the new series to advertisers still using the old name, "Fish On."
Two on-air hosts from "Fish On," Tara Raine and Michelle Bainey, actually appeared on the ESPYs last week, promoting "Totally Hooked" dressed in evening gowns and holding fishing rods.
"They copied our show," Delaney said. "The stole our original ideas completely."
Delaney said the entertainment law firm Lavely & Singer, after initially discussing their fee structure, agreed to take the case on a contingency basis after reviewing the facts.
With its ties to ESPN severed, Flying Mallard has contracted with Viacom's Spike TV to air a new version of "Fish On" under the name "Hotlines."
