The lawsuit over the rights to the short-lived NBC poker franchise “Face the Ace” has officially been entered in the United States District Court in Nevada. The case is numbered 2:10-cv-870 and parties are in the process of being served.
The plaintiff, Las Vegas resident Brandon McSmith, alleges that his concept for the “All Star Poker Challenge” became “Face the Ace,” violating copyright law. In “All Star Poker Challenge,” contestants had to choose among five doors, each masking a poker pro. Matches were worth $2,000, with a seat to the World Series of Poker (WSOP) Main Event on the line. In 2007, McSmith registered the concept of “All Star Poker Challenge” with the Writers Guild of America West.
The lawsuit names Poker PROductions, NBC, and Full Tilt Poker as defendants. The former entity serves as the production company behind such hits as “High Stakes Poker” and “Poker After Dark.” In November 2007, McSmith pitched his poker game show to Poker PROductions’ Mori Eskandani, who bantered back and forth via e-mail. The litigation reads in part, “Defendant [Poker PROductions] rejected All Star indicating that [Poker PROductions] did not invest in shows, only contracts to get them produced. Additionally, [Poker PROductions] indicated there was a major flaw in the show idea due to the contestant’s chances of leaving the show without winnings.”
“Face the Ace” was unveiled in April 2009, two years after McSmith’s conversation with Eskandani. In mid-June, McSmith allegedly informed Eskandani and company that the production company was engaging in copyright infringement and a cease and desist letter was sent. On June 18th, Poker PROductions responded by denying the claims of treading on McSmith’s copyright and an exchange between McSmith, Poker PROductions, and NBC ensued.
According to McSmith’s legal filing, “NBC contended that Face the Ace was owned by Full Tilt and that ‘Face the Ace’ came from a show in 2005 and 2006 called ‘Four Aces’ and was pitched to NBC via production partner [Poker PROductions].” Allegedly because of the involvement of Full Tilt Poker, the world’s second largest online poker site, the FBI has become interested in the case. “Four Aces,” according to McSmith, “was never previously mentioned by Defendants nor was it ever registered with the Writers Guild of America nor copyrighted with the United States Copyright Office.”
McSmith continues to pitch poker-related shows to other production companies and told Poker News Daily that not having his name attached to “Face the Ace” is detrimental, despite the show not faring well. The lawsuit adds, “As a direct and proximate result of the foregoing acts and conduct, Plaintiff has sustained and will continue to sustain substantial, immediate, and irreparable injury for which there is no adequate remedy at law.”
The parties being served have up to 20 days to file a response. McSmith is seeking “damages in amounts to be proven at trial” or $150,000 for each work infringed. Attorney Thomas Michaelides, out of Las Vegas, represents McSmith, who had represented himself when the case was dismissed in the Eighth District Court in Nevada back in March.
Three months ago, McSmith told Poker News Daily why he might have received an unfavorable ruling: “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 has since been in contact with the office of Arlo Devlin-Brown of the U.S. Attorney’s Office for the Southern District of New York.
Stay tuned to Poker News Daily for the latest from the “Face the Ace” lawsuit.
