On Monday, Poker News Daily learned that the Eighth District Court in Nevada dismissed a lawsuit filed by Brandon McSmith, who claimed ownership of the idea for the NBC poker game show “Face the Ace.”
McSmith can now file an appeal or seek the intervention of a federal court. McSmith told Poker News Daily that while he was disappointed in the decision, he’s optimistic an appeal will be successful: “Judge Michelle Leavitt dismissed the case on the basis that I didn’t state a claim. Leavitt has her fair share of appeals that have gone against her.”
McSmith purportedly created a show dubbed the “All Star Poker Challenge” in which five pros would take on contestants in a series of heads-up matches similar to the structure of “Face the Ace.” Each match was worth $2,000 in prize money and players who fought through all five pros would take home a trip to the World Series of Poker (WSOP) Main Event. On “Face the Ace,” the top prize was $1 million and only three matches were held.
On why Leavitt may have dismissed his case, McSmith told Poker News Daily, “She didn’t want to listen to any of the evidence before her. Under Nevada procedures, you state a claim that’s plausible. I’m trying not to be negative, but it looked like it was stacked against me. I will either appeal it or file in federal court. It gives the FBI a little more time to investigate.”
The FBI became involved in the copyright infringement case late last week, when McSmith successfully contacted Arlo Devlin-Brown of the U.S. Attorney’s Office for the Southern District of New York. Devlin-Brown was one of the primary forces behind a $30 million online poker funds seizure last July that affected more than 24,000 players. It’s speculated that Devlin-Brown’s interest in the case may stem from the involvement of Full Tilt Poker, which sponsored “Face the Ace” and lent its pros to the program. 2009 WSOP Main Event November Niner Phil Ivey was the series’ very first pro challenger.
Poker PROductions brought “Face the Ace” to life. The production company also creates new episodes of GSN’s “High Stakes Poker” and NBC’s “Poker After Dark” and is headed by Mori Eskandani. On a timeline for his next move, McSmith forecasted, “I have my people working on it right now. It’ll be less than three weeks. We’re pulling everything together. I won’t sit back and wait, but I want to make sure to cross my T’s and dot my I’s first. I’m not too worried about going to federal court. The big decision is if I want to get [Judge Leavitt’s] decision overturned.”
McSmith sent a package to an FBI Special Agent containing hard copies of e-mails and other correspondence related to his claims to “Face the Ace.” The agent actually asked him why he didn’t file his copyright infringement case in federal court in the first place, an avenue that McSmith may now take. The plaintiff is a security worker at a casino in Las Vegas by trade.
“Face the Ace” debuted with a paltry 0.4 rating and a 2 share, equating to nearly 1.6 million viewers. It squared off against “America’s Most Wanted” on FOX, the Rachel McAdams movie “Red Eye” on ABC, and a re-run of “Numb3rs” on CBS, falling short in the ratings against all three programs. The series, which featured host Steve Schirripa of “The Sopranos” fame, has not yet been renewed for a second season. McSmith noted that despite the relative failure of the show, its worldwide syndication and being its creator make a lawsuit worthwhile.
Stay tuned to Poker News Daily for the latest developments in the “Face the Ace” lawsuit.
