Lawsuit Press Release
Posted: August 3, 2006 Filed under: General 21 Comments »Following is a press release issued shortly after filing the lawsuit.
TRADEMARK PROPERTIES FILES MULTI-MILLION DOLLAR CIVIL ACTION AGAINST A&E OVER “FLIP THIS HOUSE”
Martin Singer of Lavely & Singer Retained to Lead Case for Plaintiff
Charleston, SC (July 24, 2006) – Trademark Properties and its President/CEO Richard C. Davis have filed a multi-million dollar civil action against A&E Television Networks and Departure Films in connection with the reality television series “Flip This House,” which aired on the network this past season.
Among nine causes of action, the complaint alleges fraud, breach of contract, misappropriation of trade secrets and unfair business practices by A&E, which failed to codify deal points into a written agreement, paid nothing to Trademark Properties for its original series concept and involvement, and is now launching a second season “without Plaintiffs’ approval, participation, or otherwise providing any compensation.” The civil action, which also requests a jury trial and an injunction restraining A&E from exploiting the series any further, was filed in the Court of Common Pleas, Ninth Judicial Circuit, State of South Carolina, County of Charleston by plaintiff’s attorney Frank M. Cisa of Cisa & Dodds, LLP. Trademark Properties has retained well-respected entertainment attorney Martin Singer of Lavely & Singer to lead the case.
“In my over 25 years of practicing entertainment litigation, this case involves one of the most outrageous acts by a television network. My clients’ television show that they have worked on for several years has been taken by A&E, and my clients have not been paid one penny by A&E. We are looking forward to the jury vindicating my clients in this matter.”
According to the complaint, in April 2004 Davis and Trademark Properties created a digital video pilot originally titled “Worst To First,” which featured Davis and certain Trademark staff members going through the process of locating, acquiring, refurbishing and selling houses. After a DVD of the pilot and written treatment were “enthusiastically” received by A&E, the network requested an in-person meeting, held in June 2004. At that time, A&E expressed interest in producing and televising the series, subsequently renamed “Flip This House.” At this meeting, Davis stipulated that Trademark and A&E must be equal 50/50 owners of the project, that they share equally in all net revenues and proceeds, and that A&E pay for all production costs, among other discussed provisions. A&E explicitly agreed to these terms and, based on that agreement, Trademark permitted A&E to retain Departure Films to produce an initial 13 episodes of the reality series.
Trademark alleges that A&E promised to prepare a written agreement, yet despite repeated requests and assurances, no written agreement was ever prepared during the production and airing of the first season, nor did A&E provide any monetary compensation to Trademark. “A&E never intended to prepare or deliver to Plaintiffs a written agreement,” according to the complaint, and willfully induced Trademark to allow A&E to use its “valuable concept and format.” In effect, Trademark alleges, the network “misappropriated and stole Plaintiff’s project for A&E’s own use and benefit.”
Trademark Properties is headquartered at 1175 Folly Road, Suite C, Charleston, South Carolina 29412.
Just goes to show you, Trademark is a business, not just a reality show. You can take advantage of reality show casts, but A&E messed with the wrong people. Richard and did not make Trademark what it is but rolling over and letting people get away with this garbage.
I am glad to see that they are suing A&E. I really enjoyed the show and I was extremely disappointed when they were replaced with 2 new casts. They are not 1/2 the quality that trademark’s cast is. I am looking forward to seeing them on TLC.
I loved the Trademark properties
show. All the staff are quite
interesting and knowledgable. I will be
watching on TLC. I think A & E really
messed up by losing them.
HATE NEW SHOW A & E you really messed this up!! Go Richard for fighting for your rights! Cant wait to see you on TLC.
Way to Go! A&E received my thoughts on the whole matter via email today. Can’t wait for ya’ll to be back on the air!!
Hey, Richard, Ginger, John and Gang! Why not call the new show “Flip this, Ya’ll”. It’s enough different that I believe you could “get away with it” and it allows all your loyal fans, inclusive of me, know where you are AND that it’s really you all. Okay, I edited myself right here and will not write what I actually think. However, it is quite obvious that YOUR show is the real flipper and while Richard may be a little “hot-tempered” at times, he knows what he wants and how to get it. ROCK ON RICHARD AND TRADEMARK TEAM!
Question???? What in Gods name were you thinking? Shame on Richard C. Davis the founder of Trade Mark Properties, Flip this House and
A& E !!! I am completely appalled at the show I am watching. The hosts are drunk and driving around in a truck drinking a Michelob!
As I sit here watching Flip that House as I always do with my young teenage sons, trying to teach them the value of what hard work can do —what happens? – The guys start driving around in their Hemi with Michelob beer in their hands! I’m no longer a fan! Now I have to explain to my sons why they’d be doing that and why its not ok and hope to God they don’t see – hhmmm rich guys, on a tv show drinking in their trucks, sounds fun! I’m absolutely appalled!!! You should be far more responsible as a business owner! Funny it’s rated G!
Heidi Johnson
Absolutely HATE, HATE, HATE the new casts…NO HEART, just $$$ signs, which firgures…Richard and Trademark Co were heart and soul of that show and there’s no reason to watch it anymore.
NOTE: our group is seriously considering boycotting anyone who sponsors new shows.
Will be in Charleston next week and visit some of the places that Richard Davis put on the map….especially Crab House 🙂
Is there any chance of a new show being developed, and featuring the folks from “Trademark”.
I just heard that A&E is saying that Trademark Properties willfully quit the show and asked the network to find a new company. That’s B.S.
Heidi Johnson, I don’t know what the hell you’ve been watching, but you’re a crazy b****. I know you probably wanted me to clean it up for you and your kids. Nobody ever drove drunk on the show. Are you sure you haven’t had a few too many yourself.
My wife and I miss Richard Davis and all of the great people at Trademark Properties. The other flippers do not compare to these great people!!! Hopefully Trademark will be back on the air soon. We miss them!
I MISS RICHARD AND THE TRADEMARK GANG!!! I DO NOT LIKE THE MONTELONGOS AT ALL AND I CAN’T STAND THE TEAMS FROM ATLANTA (YES, I AM AFRICAN-AMERICAN) AND THE GUYS FROM NEW HAVEN SIMPLY SUCK!! I WANT THE TRADEMARK GANG BACK ON FLIP THIS HOUSE!!!
tell us something about richards wife and children?
Strange that the show would be taped and aired without having anything in writing. Sounds more like a dumb business mistake to me. Regardless, neither season is about flipping houses, it’s about the megalomania of Richard and Armando.
“We should never allow the debate
to become more important than
THE TRUTH.”
The shows produced with Trademark
Properties were an excellent reflection of a team effort
working to improve both communities and individuals while achieving
the goals of the team.
Working WITH,not FOR others.They made time tohelp others in the community while achieving the companies goals. 3-BARKS & 3-Cheers to Trademark for using the opportunity to make things better for others and stressing the importance of
making things better for others. Especially the time to help the
decorated Veteran who did not have the ability to help himself improve
his home.Time that the Montelongos
shows used to cut costs and count cash.The Trademark shows proved that if you if you have a love for what you are doing the intrinsic rewards
are as important as the extrinsic rewards.To learn from failures on move on Not rant and rave about whom was to blame for the mistakes.
I wish I were on the jury.— A show did air someone with the Montelongos driving around out in the sticks with a beer. Take a closer look at the Cottage house flip with Chris. It just happened to be on tonight. We turned off the show and decided to surf the net and figure out what happened with the folks from Trademark. I’m so sorry to hear A&E decided to screw Trademark over.
my first time watching the trademark was tonight, It was a better show then the montelongos show that i had watch for the first time as well. I like to watch more of the Trademark so i guess i will be watching tlc. The montelongos i would not beable to watch with my kids, And yes he was driving with a beer in hand. MY dad is state trooper he would love to put the hand cuffs on him, for drinking and driving.
i watch the show all the time, Richard’s ideal and concept are a hit, if it’s truly his ideal, you are doing the right thing. Personally, I don’t watch the Montelongos show, it’s not real. Richard break it off in them. Don’t allow anyjone to still your ideal.
It is now June 18, 2008. Can anyone update me as to what happened with the lawsuit or with the Trademark gang appearing on TLC or another channel?
We miss the gang! Also, while it is nice to see other groups as well, we noticed that at least one team is not appropriate for children. The CEO habitually abuses his project supervisor. We want young people to learn about what can be accomplished with teamwork. Trademark shows that they suport their team, encourage their support group, and not all projects are about profit.
Hey Richard and the rest of the team. I hope to meet each of you soon. Like many other fans, I was not aware of the lawsuit with A&E. I hope that everything comes out in Trademarks favor. For a idea for the seasons to come in order for adoring fans to meet Richard and the team, I was hoping that the team make surprise visit to families for home renovations. By the way, I can’t wait for the new shows to air on TLC. Even though I watched the others (Asshole Montolongo, Stan and the boys, and the Harrises’ from ATL), this show and the First 48 are my favorite shows on TV now.