Katsori v. WME, IMG, Viacom, Nickelodeon Complaint PDF

Case 1:16-cv-00135-RA Document 26 Filed 04/01/16 Page 1 of 43
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF NEW YORK
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NICK KATSORIS and THE LOUKOUMI MAKE A
DIFFERENCE FOUNDATION, INC.
Plaintiffs,
Index No. 16-cv-00135

FIRST AMENDED
VERIFIED AND
SUPPLEMENTED
COMPLAINT
-againstWME IMG, LLC, IMG PRODUCTIONS, LLC and

VIACOM INC. d/b/a NICKELODEON
JURY TRIAL
DEMANDED
Defendants.
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Plaintiffs NICK KATSORIS and THE LOUKOUMI MAKE A DIFFERENCE
FOUNDATION, INC., by their attorneys DUNNINGTON, BARTHOLOW & MILLER LLP,
allege as follows:
PRELIMINARY STATEMENT
1.
This is an action for copyright and trademark infringement pursuant to the
Copyright Act, 17 U.S.C. 101 et seq. and the Lanham Act, 15 U.S.C. 1501 et seq., together
with a claim for a declaratory judgment concerning a television show developed by Nick
Katsoris featuring celebrities assisting children to plan and realize career goals and related
intellectual property as well as New York State claims for trademark infringement, dilution,
unfair competition, violations of Gen. Bus Law 349, breach of fiduciary duty, aiding and
abetting breach of fiduciary duty, and breach of contract, or, in the alternative, breach of implied
contract. Because the defendants were prohibited from producing a similar television show by a
written contract containing an arbitration clause Plaintiffs seek an injunction in aid of arbitration.
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2.
Nicholas Katsoris, known professionally as Nick Katsoris (Katsoris), is the sole
author of an award-winning series of childrens books featuring the copyrighted character

Loukoumi the Lamb as seen in the graphic below (the Loukoumi character or Loukoumi).
3.
Having spent over a decade publishing and promoting the Loukoumi series,
Katsoris has registered multiple copyrights and trademarks with the U.S. Copyright Office and
Patent and Trademark Office (PTO), respectively, concerning the Loukoumi character, its
books and the programs featuring the lessons in the books.
4.
Over the years, Katsoris has donated a substantial portion of the profits from
Loukoumi books to multiple childrens charities and schools including St. Jude Childrens
Research Hospital and The Make-A-Wish Foundation.
To support this charitable mission,
Katsoris has donated certain rights in the Loukoumi character to Plaintiff The Loukoumi Make A
Difference Foundation (the Foundation).
5.
For years, many celebrities have endorsed Loukoumi books and Loukoumi-
related activities and supported the work of the Foundation including, but not limited to, Jennifer
Aniston, Morgan Freeman, Olympia Dukakis, Gloria Gaynor, Eli Manning, Ernie Anastos, Cat
Cora and Nia Vardalos.
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6.
In 2007, Katsoris launched a national Dream Day Contest for children. The
contest involved children drawing a picture of themselves with Loukoumi in their dream career
and completing the phrase: I WANT TO BE A____________ BECAUSE as pictured below:
After a successful first year, the contest was adapted to become a video contest where children
recorded videos including the sentence: When I grow up I Wanna Be More information
about this contest is found at http://www.loukoumifoundation.org/dream_day.html.
7.
In 2012, Katsoris pitched a reality show based on the Dream Day Contest to the
entertainment and production company IMG. Based on the pitch, IMG agreed to work with
Katsoris in representing Loukoumi and the Dream Day project. IMG and Katsoris pitched the
Dream Day project to a number of potential purchasers, including Nickelodeon, a channel owned
by Viacom Inc.
8.
After a number of unsuccessful efforts in pitching the project, the Foundation
hired IMG Productions LLC to produce a pilot television special titled Make A Difference With
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Loukoumi which aired on FOX broadcast stations across the United States, including Fox-5 in
New York, in October 2014 (the Special).
9.
The Special, produced by IMG pursuant to a work-for-hire agreement for which
IMG was paid in excess of one hundred thousand dollars ($100,000) by the Foundation, featured
videos of children expressing their dreams of what they would like to be when they grow up
featuring each child beginning the video stating, I wanna be
10.
The work for hire agreement that IMG signed included a broad prohibition against
IMGs participation in any similar type of television show or development of any similar ideas
all ownership rights of ideas belonged to Katsoris and the Foundaiton.
11.
Based on the overwhelming success of the Dream Day Contest, Katsoris decided
to approach IMG in order to transition the concept and associated protectable interests to
television. The novel idea for the television shows theme was developed by Katsoris and the
Foundation to include copyrightable elements of theme, setting, character, time sequence, pace,
and total concept and feel that are protectable elements of children shows under the Copyright
Act, 17 U.S.C. 101 et seq. See Williams v. Crichton & Knopf, Inc., 84 F.3d 581, 588 (2d Cir.
1996). Specifically, the show features one child stating their dream in a video produced in the
childs home or other personal environment; fulfilling the childs career dreams in special and
even extravagant ways accompanied and/or mentored by celebrities and experts in the childs
designated career.
12.
For example, the Special featured one girl named Sophia stating her dream career
in a home video followed by Sophia actually living her career dream of being a Broadway star
together with an actual Broadway celebrity singing on a Broadway stage. In another video
featured in the Special, a child named Jordan discussed his dream of being a professional football
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player, which he got to experience when Jordan met New York Giants football stars Eli Manning
and Odell Beckham, Jr. and he was able to explore what this career is like for a day accompanied
by celebrities.
13.
On two separate occasions, in August 2011 and July 2015, Katsoris and The
Foundation pitched a television series based on the Special to Nickelodeon.

14.
At the above-mentioned times, and all relevant times, Viacom and Nickelodeon
knew that the pitching of creative ideas (that had been reduced to tangible, copyrightable
expressions) for compensation was the nature of the numerous meetings it held with Katsoris and
The Foundation. Moreover, Viacom and Nickelodeon knew that Katsoris and the Foundation
expected to be paid if the concepts and associated intellectual property were used this practice
and expectation is standard in the entertainment industry.
15.
At no time during these meetings did any employee of either Viacom or
Nickelodeon state or imply that Viacom was developing a similar television show.
16.
On September 22, 2015, Nickelodeon announced the 2016 launch of a childrens
television series that, which at the time, was called I Wanna Be (hereinafter called the
Infringing Work). Starring and executively produced by Cam Newton, Newton is also an IMG
client and the star quarterback for the Carolina Panthers National Football League (NFL) team
17.
As set forth above, Nickelodeon and IMG had access to Katsoris and The
Foundations valuable copyrighted and trademarked materials as well as other information

constituting trade secrets or otherwise confidential materials.
18.
As described more fully below, the Nickelodeon television series is a derivative
work that infringes upon protected elements of Katsoris copyrights as well as the distinctive
trademark phrase I wanna be in violation of the Lanham Act as well as New Yorks trademark
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and unfair competition laws. Because the Infringing Work has not yet been published by
Nickelodeon, additional evidence of infringement is likely in the exclusive custody of
Defendants and therefore cannot be pleaded at this time. Plaintiffs require discovery to supply
additional relevant evidence in this action.
19.
The production and publication of the Infringing Work would be likely to cause
consumer confusion, tarnish the I wanna be mark and dilute the strong Loukoumi brand that
Katsoris and the Foundation have created over the years.
Because of this imminent and
irreparable harm, temporary and permanent injunctive relief is warranted.

20.
On February 6, 2016, Sports Illustrated Kids published Exclusive First Look:
Cam Newton Helps Kids Dreams Come True In New Nickelodeon Series by Dante A.
Ciampaglia (see
http://www.sikids.com/si-kids/2016/02/05/exclusive-first-look-cam-newton-
helps-kids-dreams-come-true-new-nickelodeon-series). A side by side comparison of even this

short clip of the Infringing Work featured in the article that prominently features children in
home video saying I wanna be to Plaintiffs sizzle reel shows that Viacom and IMG have
indeed copied copyrightable elements of Plaintiffs career Dream Day. As of February 6, 2016,
the title of Viacoms television show was still, I Wanna Be.
21.
On or around March 1, 2016, following the filing of this action on or about
January 6, 2016, Nickelodeon put out a statement saying that it had changed the name of the
Infringing Work to eliminate the use of the title I Wanna Be.
22.
Apart from the statutory claims, this action involves a breach of trust and a breach
of fiduciary duty that IMG owed to Katsoris. IMG was Katsoris agent for many years and not
only was aware of Katsoris development of this reality television show, but was a significant
part of pitch meetings for it and production of materials used in those pitch meetings. As
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described more fully below, IMG acted as a wolf in sheeps clothing in using the Foundations
money and the fluffy little lamb, Loukoumi, to open doors for IMGs pecuniary gain at the
Foundations expense. Specifically, once Katsoris and Loukoumi opened the doors at Viacom,
IMG usurped Katsoris and the Foundations business opportunity by swapping Loukoumi for
IMGs other client, football star Cam Newton, despite the clear duties owed to Katsoris.
23.
IMGs conduct robbed Katsoris and the Foundation of a contractually-guaranteed
and valuable business opportunity with Viacom channel Nickelodeon. Thus, even if the finder of
fact were to find aspects of Katsoris work unprotected by federal copyright, trademark or unfair
competition law, New York laws of contract, agency, unfair competition, unjust enrichment and
equity generally would protect Katsoris labors and interests in developing Loukoumi, the
Special, the reality show, and associated property, including the phrase I wanna be, from use
by Defendants without permission and just compensation.
24.
Given the relation in time between the Special, the pitch of the career Dream Day
series, and correspondences with Nickelodeon, it is clear that Infringing Work not only infringes
upon the protected materials developed by Katsoris and the Foundation, but IMG, Viacom, and
Nickelodeon have acted with deception and breached contractual and fiduciary duties owed to
Katsoris. Viacom has actual knowledge of Katsoris rights and continues to assist and facilitate
IMGs breach of its fiduciary duties to Katsoris. As such, any contract between Nickelodeon and
IMG or its client, Cam Newton, is based on the unlawful copying, infringement and
misappropriation of the work and corporate opportunities belonging to Katsoris and the
Foundation and should be voided, rescinded or equitably amended.
25.
To preserve the status quo ante, pending an arbitration between The Foundation
and IMG, Plaintiffs respectfully request that, pursuant to the Federal Arbitration Act (FAA), a
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preliminary injunction be issued restraining Defendants from creating, broadcasting or

disseminating a derivative work based on Plaintiffs novel concept and associated intellectual
property development.
PARTIES
26.
Plaintiff The Loukoumi Make A Difference Foundation, Inc. is a 501(c)(3) New
York not-for-profit corporation with a principal place of business in New York.
The
Foundations mission statement is Teaching children to make a difference in their lives and the
lives of others.
27.
Plaintiff Nick Katsoris is the sole creator of the Loukoumi character, author of the
Loukoumi childrens book series, President of the Foundation, and a resident of Eastchester,
New York.
28.
Defendant WME IMG, LLC is a Delaware corporation doing business in New
York County with a principal place of business located at 200 5th Avenue, 7th Floor New York,
New York.
29.
Defendant IMG Productions, LLC is a New York corporation doing business in
New York County with a principal place of business located at 432 West 45th Street, New York,
New York.
30.
Upon information and belief, WME IMG, LLC is the successor-in-interest or
parent of or otherwise responsible for satisfying any judgment against IMG Productions, LLC
(together, IMG).
31.
Defendant Viacom Inc. is a Delaware corporation with a principal place of
business located at 1515 Broadway, 52nd Floor, New York, New York. Viacom is a global mass-
media company with interests in, among other things, cinema and cable television, including the
Nickelodeon channel.
JURISDICTION AND VENUE
32.
The Court has exclusive subject matter jurisdiction under 28 U.S.C. 1331 and
1338 with respect to Plaintiffs claims arising under the Copyright Act and the Lanham Act and
related unfair competition claims and may assert supplemental jurisdiction over all other claims
pursuant to 28 U.S.C. 1367.
33.
Defendants reside in and do business in the Southern District of New York and
are subject to personal jurisdiction. Additionally, a substantial portion of the acts giving rise to
this action occurred in the Southern District of New York. Accordingly, venue is properly laid in
this District under 28 U.S.C. 1391 (b) and (c) and 1400 (a)
34.
The damages suffered by Plaintiffs exceed seventy-five thousand dollars
($75,000) exclusive of costs.

FACTUAL HISTORY
A. DEVELOPMENT AND SUCCESS OF LOUKOUMI
35.
Katsoris is an attorney admitted to practice in the State of New York.
36.
Katsoris is a graduate of Fordham Law School, having served as an editor of the
Fordham International Law Journal, and has clerked for a federal judge in the U.S. Court of
International Trade.
37.
Katsoris has served as General Counsel to a group of companies in New York
City for over twenty years.

38.
Katsoris is the father of two children and created the character Loukoumi
following the birth of his son.

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39.
Katsoris has registered the mark LOUKOUMI with the United States Patent and
trademark Office (US PTO) under Registration No. 2759303, dated September 2, 2003, in
International Class 19 for childrens books and coloring books.
40.
Katsoris has registered the mark LOUKOUMI TOYS with the US PTO under
Registration No. 3103995, dated June 13, 2006, in International Class 28 for plush toys.
41.
Katsoris has registered the word mark "I WANT TO BE A/K/A I WANNA BE
with the US PTO under Registration No. 86869110, dated January 7, 2016, as (4) Standard
Character Mark with first use in a television show production in 2014 and first use in commerce
in 2007.
42.
In or about 2005, Katsoris authored and published the first book in the Loukoumi
book series, titled Loukoumi, featuring a lamb named Loukoumi.1 CBS-2 News has described
Loukoumi as a fluffy little lamb that just wants to make the world a better place. Each
Loukoumi book teaches children life lessons including believing in and pursuing their dreams,
doing good deeds, and preventing bullying.
43.
The Loukoumi series is comprised of seven books: Loukoumi (narrated on CD by
Olympia Dukakis), Growing up with Loukoumi (narrated by Gloria Gaynor), Loukoumis Good
Deeds and Loukoumis Gift (narrated by Jennifer Aniston and John Aniston), Loukoumi and the
Schoolyard Bully (narrated by Nia Vardalos and Morgan Freeman), Loukoumi In The Basket
(narrated by Nancy ODell), and Loukoumis Celebrity Cookbook, featuring favorite childhood
Loukoumi is a type of jelly candy topped with powdered sugar popular in Greece and is often
used in the Greek language to mean sweet.

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recipes by over 50 celebrities including Jennifer Aniston, Beyonc, Ellen DeGeneres, Celine
Dion, Neil Patrick Harris, Nicole Kidman, Miranda Lambert, Matt Lauer, Jay Leno, Eli
Manning, Al Roker, Taylor Swift, Justin Timberlake, Marlo Thomas, Mark Wahlberg, Betty
White, Oprah Winfrey, Reese Witherspoon, and many others.
44.
Over 100 celebrities have donated their time to participate in the books and in
programs related to promoting the lessons found in the Loukoumi books.

45.
Since 2005, over 100 news outlets have reported on Loukoumi, including ABC-
TVs The View, FOX & Friends, People Magazine, The Martha Stewart Show, Entertainment
Tonight, Good Day New York, Good Day LA, The Late Late Show with Craig Ferguson, The
Nate Berkus Show, Parents Magazine, Disneys Family Fun, Us Weekly, USA Weekend, USA
Today, NPR, The New York Times, The New York Post, The New York Daily News, The
Washington Post, Parents, Good Housekeeping, Ladies Home Journal, Scholastic Parent and
Child, and many others. A Loukoumi TV Press Reel can be found at the following YouTube
link: https://www.youtube.com/watch?v=_s5a15_Cqes.
46.
Katsoris and the Loukoumi book series have won several awards, including two
iParenting Media Awards, two Moms Choice Awards, two World Cookbook Awards, The
Family Choice Award, and a National Make A Difference Award from USA Weekend magazine.
47.
The National Make a Difference Award was awarded to the Make A Difference
with Loukoumi project, which unites thousands of children each October to do good deeds,
inspired by Loukoumis Good Deeds, narrated by Jennifer Aniston, of which $2 from the sale of
each book is donated to St. Jude Childrens Research Hospital. In 2015, approximately 50,000
children and adults participated in this project at events across the country. Organizations that
have united with Loukoumi for this project include Kiwanis, The National Philoptochos Society,
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The Houston Food Bank, The Utica Zoo, Matthew McConaugheys just keep livin foundation,
PACERs National Bullying Prevention Center and others.
48.
In May 2014, Katsoris formed the Foundation to teach children to make a
difference in their lives and the lives of others.

49.
The Foundation sponsored the Make A Difference with Loukoumi TV Special
and is also creating a Make A Difference With Loukoumi Exhibit at the Westchester Childrens
Museum in Rye, New York.
50.
In sum, Katsoris has worked for over a decade to create a valuable, famous,
copyrighted and otherwise protected character, Loukoumi, and to ensure that charities benefitting
children are the beneficiaries of the intellectual property he created and continues to create.
B. KATSORIS CREATES A CAREER DREAM DAY CONTEST
CHILDREN CENTERED AROUND THE PHRASE I WANNA BE
51.
FOR
In November 2006, Katsoris released Growing Up With Loukoumi. Annexed
hereto as Exhibit A is U.S. Copyright Office Registration No. TXu001285181 (book); annexed
hereto as Exhibit B is Copyright Registration SR0000392978 (audio narration of book).
52.
Growing Up With Loukoumi discusses what career paths children wish to pursue
when they grow up and teaches that if they believe in themselves, their career dreams can come
true. In the audio narration of the book, Loukoumi, voiced by former CBS and current Yahoo
news anchor Alexis Christoforous, when pondering what she wants to be when she grows up,
repeatedly uses the phrase I wanna be.
53.
Based on Growing Up With Loukoumi, in 2007, Katsoris created the Growing Up
with Loukoumi Dream Day Contest. As discussed above, the first contest in 2007 involved
children drawing pictures of themselves with Loukoumi in their dream careers and completing
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the sentence I WANT TO BE____________.
Details of the contest can be found at:
http://www.loukoumifoundation.org/dream_day.html. Annexed hereto as Exhibit C are contest

materials from the Loukoumi website.
54.
Following the first contest in 2007, the contest was amended to become a video
contest. The Dream Day contest innovated the platform for expression of career goals by
capturing hundreds of children individually stating their career goals through home-recorded
videos. In these user-generated videos, the children are featured stating: I wanna be
55.
May 2008 Dream Day Contest winner Sophie submitted a video that won her the
opportunity to live her career dream day of becoming a Mars Rover engineer by watching the
Phoenix spacecraft land on Mars from NASAs Jet Propulsion Lab in Pasadena, California.
56.
May 2008 Dream Day Contest winner Lionel lived his career dream of becoming
a soccer star by playing soccer with the New York Red Bulls Major League Soccer (MLS)
team, attending a team practice and receiving a private lesson from several players.
57.
Sophie and Lionels dream days were featured on News-4 New York
(http://www.loukoumi.com/press_reviews/video6.html) and in other news stories.

58.
May 2008 Dream Day Contest winner Nika lived her dream day of becoming a
TV Chef by cooking on the air with CBS Channel 2 news Food Editor Tony Tantillo, visiting TV
star Rachael Ray on her shows set, and submitting a recipe for the Every Day with Rachael Ray
magazine.
C. KATSORIS CREATES A CAREER DREAM DAY REALITY SHOW AND IMG
PRODUCERS ARE CONTEST JUDGES
59.
In 2007, Fox Television agreed to televise the New York Greek Independence
Day Parade (the Parade).

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60.
Fox recommended IMG as a producer to members of the Parade committee.
61.
IMG, according to its website, is a global leader in sports, events, media and
fashion, operating in more than 25 countries. The company represents and manages some of the
worlds greatest sports figures and fashion icons; stages thousands of live events and branded
entertainment experiences annually; and is the worlds largest independent producer and
distributor of sports media. IMG also specializes in sports training; league development; and
marketing, media and licensing for brands, sports organizations and collegiate institutions. See
www.img.com (last accessed January 4, 2016). In 2014, IMG was acquired by WME to form
WME | IMG.
62.
IMG presented a budget proposal, and Katsoris was part of a group involved in
the telecast of the Parade (Parade Telecast).

63.
Working together, Katsoris and IMG have produced the Parade Telecast on My9,
channel 9 in New York City every year since 2007. Specifically Katsoris worked with IMG
Producers Steve Mayer and Karen DeMasi (IMG Producers).
64.
In 2008, Katsoris created and copyrighted development materials that outlined
topics and concepts for a reality television show titled Loukoumi Dream Day Reality Show,
with each episode featuring children having the opportunity to live their dream careers. These
children would be given opportunities to meet celebrities and experts in the field that the child is
aspiring to enter and be mentored by them throughout the episode. Annexed hereto as Exhibit D
is Copyright Registration No. TXu001589714.
65.
The concept of a career Dream Day has been reproduced many times by Plaintiffs
in a variety of protectable manners. For example, in 2009, actress Jennifer Aniston narrated an
updated version of the audiobook for Growing Up With Loukoumi in which the three winners
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of the Dream Day Contest, Sophia, Lionel and Nika, narrated their career dreams. Anistons
recording was distributed as part of the Loukoumis Good Deeds CD and on the Us Weekly
magazine
website,
and
discussed
in
an
article
on
Radar
Online.
See
http://radaronline.com/exclusives/2010/07/jennifer-aniston-lends-her-voice-third-childrens-bookcd/.
66.
In October 2011, Katsoris launched a Loukoumis Secret Ingredient Dream Day
Contest, garnering press including www.parents.com and Disneys Family Fun magazine.
Annexed hereto as Exhibit E is the Family Fun article on the contest. Contest judges included
celebrities Ernie Anastos, Cat Cora, Frank Dicopoulos, Alexis Christoforous, and Teri Watson
from St. Jude Childrens Research Hospital, as well as the IMG Producers.
67.
Grace, the winner, got to live her career dream day of being a chef by cooking
with celebrity Chef Cat Cora at Cats restaurant, Kouzzina, at the Walt Disney World Boardwalk
in Florida. Graces dream day was featured on the front page of USA Todays Life section. A
copy of the USA Today article is annexed hereto as Exhibit F.
D. IMGs PARTICIPATION IN THE 2014 DREAM DAY CONTEST
68.
In April 2014, Katsoris sponsored another Dream Day Contest. IMG Producers
again assisted in reviewing and judging the home-produced video entries in which children
stated I wanna be Dozens of the home-produced video entries were also published on the
Loukoumi Facebook page.
69.
IMG Producers represented to Katsoris that they were specifically looking for
children with a television presence to help the production values for the Special.
70.
Four winners were selected from the 2014 contest, with one being chosen to live
her dream as part of the Make A Difference With Loukoumi Special.

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71.
Dream Day Contest winner Sophia wanted to be a Broadway star, and in
September 2014 Sophia lived her career dream by singing Journeys Dont Stop Believin with
Tony-nominated actor Constantine Maroulis on the Broadway show Rock of Ages stage at the
Helen Hayes Theater.
72.
Sophias career Dream Day was featured in the Make A Difference with
Loukoumi TV Special, which aired during October 2014 on FOX stations across the United
States and on some NBC and ABC-affiliated stations and Mega-TV internationally.
See
https://www.youtube.com/watch?feature=youtu.be&v=MAL6ZdH-S_o&app=desktop, with the

Dream Day segment starting at 14:39.
73.
In October 2014, Dream Day Contest winner Sylvia lived her career dream of
being an actress by spending the day with former Nickelodeon star Nathalia Ramos.
74.
In August 2015, Loukoumi Dream Day winner Jordan got to live his career dream
of becoming a professional football player by visiting the New York Giants training camp and
meeting players including Eli Manning and Odell Beckham, Jr. Annexed hereto as Exhibit G is
an article from the Loukoumi website concerning Jordans visit with the Giants.
75.
In October 2014, Dream Day contest winner Panagioti was selected. He lived out
his career dream of being a storm chaser by meeting and spending a day with FOX-5
meteorologist Nick Gregory in January 2016.
76.
In April 2015, the Loukoumi 2015 Dream Day Contest was held. Again, over 50
of the video entries were published on the Loukoumi Facebook page.

77.
In July 2015, Dream Day winner Evan lived his career dream of becoming a
police officer by riding in a New York Police Department patrol car, riding on a police boat and
meeting the K-9 unit. 2015 Dream Day winner Nicole wants to be a journalist and will live her
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career dream in 2016 by visiting Yahoo!.
2015 Dream Day winner Ava wants to be a
pediatrician and will live her career dream in 2016. 2015 Dream Day winner Sam wants to be an
Olympic swimmer and will live his career dream in 2016. 2015 Dream Day winner Annie wants
to be a dancer and will live her career Dream Day in 2016.
E. KATSORIS AND IMG WORK TOGETHER TO DEVELOP LOUKOUMI AND
MATERIALS FOR PITCHING A REALITY TV SHOW BASED ON THE
CAREER DREAM DAY CONTEST
78.
In or about April 2012, Katsoris approached IMG to represent the Loukoumi
character and to represent him in pitching a television series based on Dream Day, and IMG
agreed.
79.
IMG and Katsoris agreed that IMG would pitch Loukoumi and the Dream Day
Reality TV Series to television networks. If IMG was successful in negotiating or securing a

deal, IMG would serve as the production company for the television show or series. In the
alternative, if a deal was reached with a channel that would not permit IMG to serve as
production company, Katsoris and IMG agreed that IMG would be entitled to an agency
commission of 15%.
80.
Katsoris drafted a 2012 proposal for a reality television show (the 2012
Proposal). Annexed hereto as Exhibit H is a copy of the 2012 Proposal.

81.
The 2012 Proposal provides: In this television segment kids would live their
Dream Days by following a different career choice in each episode. There is nothing more
powerful than making a kids dream come true and watching it first-hand would be inspiring for
kids to reach for their own dreams. See Exhibit H.
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82.
Katsoris and the IMG Producers traveled to PBS Kids offices in Washington, DC
to pitch the television series on August 15, 2012. Later in 2012, IMG and Katsoris also pitched
the series to the SPROUT Television network.
83.
At all relevant times, Katsoris and IMG reasonably believed that any of the
companies that Katsoris pitched would compensate him as a condition for using the concepts and
associated intellectual property embodied in the proposal.
84.
In January 2013, Katsoris and the IMG Producers decided that without improved
pitch materials, the project would not attract network attention.

85.
To improve the projects chance of success, the IMG Producers suggested that
Katsoris self-finance or seek sponsors for the production by IMG of the entire television series,
or having IMG produce a less-expensive pilot special or DVD.
86.
In response to IMGs suggestions, Katsoris requested budget proposals.
87.
IMG subsequently presented several budget proposals to Katsoris, both for a
television series and a television special.

88.
In March 2013, Katsoris and IMG Producer DeMasi traveled to St. Jude
Childrens Research Hospital in Memphis, Tennessee to pitch a Loukoumi TV Special and DVD
series.
89.
While Katsoris and IMG were producing materials to pitch a television show,
IMG Participated in the 2014 and 2015 Dream Day Contest. See section D above.
90.
In May 2014, the Foundation entered into a work for hire agreement with IMG
Productions to produce the Special. IMGs involvement as producer was on a work for hire
basis and the work for hire agreement dated May 28, 2014 specified that all notes,
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ideassuggestions, plots, etc. in the show are exclusively owned by Loukoumi. Annexed
hereto as Exhibit I is a copy of the work for hire agreement.
91.
In May 2014, Katsoris discussed with IMG how the Special would be designed as
a pilot to pitch a Loukoumi series to networks. The parties again agreed that if IMG succeeded
in securing a Loukoumi television deal, IMG would produce the content or, in the alternative,
IMG would earn a 15% agency commission.
92.
On May 22, 2014, IMG Producer Mayer wrote: If we sell this to a network for
you---you better make sure we are the production companywe need to be tied to the project if
we sell it for you and in all due respect, you are not getting this to the next level without us.
93.
The Special was produced in the summer of 2014. The Foundation paid IMG
$101,730.51 to produce the Special.

94.
IMG taped the Specials first segment at the Loukoumi & Friends benefit concert
on June 23, 2014.

95.
In Spring 2014, IMG edited childrens dream day videos in which kids stated,
When I grow up I wanna be for the 2014 Dream Day Contest. A sampling of Dream Day
Contest videos can be viewed at http://www.loukoumifoundation.org/dream_day_videos.html.
The Special aired in October 2014 throughout the United States, including in New York. See
https://www.youtube.com/watch?feature=youtu.be&v=MAL6ZdH-S_o&app=desktop.
96.
In October 2014, the U.S. Copyright Office granted Copyright Registration No.
PA0001926863 for the Special. Annexed hereto as Exhibit J is a copy of the registration.
97.
In or about October 2014, IMG added the Special to its website, stating that the
TV Special encouraged children to believe in themselves and make their dreams come true.
Annexed hereto as Exhibit K is a copy of the announcement.
19
98.
Between November 2014 and April 2015, Katsoris and IMG repeatedly discussed
pitching the Special to networks as a pilot for a series.

99.
Katsoris and IMG again agreed that if IMG were successful in securing a
television deal, IMG would produce the content. In the alterative, if the network did not wish
IMG to be the production company, IMG would be entitled to a 15% commission.
100.
Katsoris and IMG Producers discussed IMG pitching Loukoumi to Nickelodeon.
101.
In an email dated February 7, 2015 from Katsoris to Mayer, Katsoris writes:
Steve, please let me know when we can discuss next steps on the TV front. As we discussed
last summer once the TV Special was done you had wanted to use it as a pilot to pitch.
102.
In January 2015, IMG presented the Special and the Loukoumi books to its parent
company, The William Morris Endeavor Talent Agency (WME), for additional representation.
103.
In April 2015, IMG invited Katsoris into their offices to cut a sizzle reel of the
Television Special, and in particular the Dream Day segment, for pitching to networks. The
Television
Special
sizzle
reel
can
be
found
at
the
following
link:
https://www.youtube.com/watch?v=o6faOW2RvKI.
104.
On the day the sizzle reel was cut, Katsoris spoke with IMG Producers again
about pitching Loukoumi and the Dream Days, which IMG Producer Mayer stated was the most
powerful part of the show, to Nickelodeon.
105.
The sizzle reel is 5:25 in length, and 3:45 of it is dedicated exclusively to the
Dream Day segment.

106.
After April 2015, Katsoris continued to reach out to IMG about pitching the
Loukoumi television Special and Dream Day to television networks. Despite several follow up
attempts by Katsoris, IMG failed to respond.
20
107.
Instead, on or about June 13, 2015, IMG and Nickelodeon announced a
development deal for a new show starring IMG client and football star Cam Newton. Cam
Newton was also announced as one of the shows executive producers. A copy of a Nick Alive
news article announcing the development deal is annexed hereto as Exhibit L.
108.
According to June 2015 published reports: The currently untitled unscripted
television series will help kids find their dreams.

F. COPYRIGHTABLE AND TRADEMARKED ELEMENTS OF THE CAREER
DREAM DAY SPECIAL
109.
As set forth in Williams, there are a finite number of factors that, if weighed in
favor of the plaintiff, can protect the plaintiffs work. The factors are theme, setting, character,
time sequence, and pace all comprising the total concept and feel of a work.
110.
THEME: Katsoris and the Foundation used a traditional theme in childrens
works: dreams. However, Plaintiffs intentionally specified career dreams and sought to motivate
children in a new way to achieve their career goals.
111.
SETTING: To achieve this new way to motivate children, Plaintiffs thought to
start with the children. By doing so, Plaintiffs intentionally expressed a setting that other
children could relate to (i.e. the home or a school). Then, the setting moves to the child being
exposed to his or her career dream on the most successful level possible (i.e. a child who wanted
to be a TV Chef went straight to a national television platform).
112.
CHARACTER: Plaintiffs use two primary characters: a single child who wants to
achieve a goal paired with celebrities to help the child achieve his or her career goal. This
pairing two characters to express a theme of childrens works has never been expressed or
utilized in a repetitive, tangible, and concrete form of expression.
21
113.
TIME SEQUENCE: The sequence of Plaintiffs work is one child per episode
segment. The episode is centered around and begins with a video expressing that childs goal.
Even these user-generated videos are identical: only the child himself or herself is in the video
frame where he or she speaks into the camera and states his or her career goal. Each episode
involves a meeting with the celebrity. Each episode concludes with a celebrity helping that child
to achieve his or her goal.
114.
PACE: Each episode begins with a child stating his or her career goal. After the
career goal is introduced, the celebrity will assist in making the childs dream a reality in an
over-the-top manner. Both works involve a single child meeting with a celebrity in a workrelated setting and then both the celebrity and child participating in that childs dream career.
G. CAM NEWTONS INVOLVEMENT WITH IMG AND NICKELODEON
115.
Cam Newton is the quarterback for the NFLs Carolina Panthers. He played
college football at Auburn University and was drafted as the first overall pick by the Panthers in
the 2011 NFL Draft.
116.
On or about February 1, 2011, IMG signed Newton to a multi-year contract.
According to IMGs press release, IMG represents Newton in the development, organization
and administration of all licensing, internet, multimedia, endorsement, modeling, speaking,
appearance, film, television, theatrical, broadcast, literary opportunities and similar activities.
A copy of the IMG press release is annexed hereto as Exhibit M.
117.
Former IMG Head of Production Steve Mayer, who was also the Executive
Producer of the Loukoumi TV Special, has worked intimately and directly with Cam Newton
and Cam Newtons agent on at least two projects.
22
118.
Carlos Fleming is Cam Newtons agent who has worked extensively and directly
with Steve Mayer on numerous projects for both Cam Newton and other IMG clients where
Carlos Flemings clients have been featured in television shows and other specials executively
produced by Steve Mayer.
119.
Network.
Mayer executive-produced the annual Hall of Game Awards on the Cartoon

Newton appeared as a guest in 2012 and hosted the show in 2014.
See
http://www.examiner.com/article/colin-kaepernick-cam-newton-to-host-cartoon-network-s-4thhall-of-game-awards.
120.
Mayer worked intimately with Newton in 2014 on the Hall of Game Awards, the
same year that Mayer executive-produced the Special.

H. KATSORISS PITCH MEETING WITH NICKELODEON IN 2011
121.
In August 2011 Katsoris met with Elly Kramer, head of Programming and
Development for Nickelodeon. The meeting was held at Nickelodeons New York City offices.
122.
Also at the meeting was actor Frank Dicopoulos. Dicopoulos has participated in
all the Loukoumi narrations as the voice of the character Dean the Dog.
123.
At the meeting, Katsoris presented Viacom and Nickelodeon with copyrighted
materials including a full set of the Loukoumi books, press clippings, photos and press on the
career Dream Days and a specific proposal for a show for Nick Jr. or Nickelodeon where
childrens career dreams come true in every episode. These materials were left with Elly
Kramer.
124. In a follow-up email dated August 12, 2011, Katsoris wrote to Kramer saying:
Here is our NBC News coverage of our Dream Day contest. Please click here: .
http://www.loukoumi.com/press_reviews/video6.html. Again this could be the basis
23
for our Dream Day segment where real kids get to live their dream days like a
reality segment for kids.
125.
Kramer responded via email dated August 16, 2011: Thank you both for the e-
mails and for sharing Loukoumi with us. It is truly incredible what you have already
accomplished with this property. I was able to share Loukoumi with the rest of the development
team and unfortunately it does not fit our development needs at the present time. see Exhibit
N)
126.
Thus, Nickelodeons entire development team had access and exposure to the
copyrighted works, the trademarks and the novel concepts embodied in the successful Dream
Day project.
I. KATSORISS PITCH MEETING WITH NICKELODEON IN 2015
127.
On July 22, 2015, Plaintiffs again met with Elly Kramer. Frank Dicopoulos and
Effie Samios were also present on behalf of the Plaintiffs production team. Again, Plaintiffs
provided many written and visual materials to Viacom and Nickelodeon including a very
detailed Powerpoint (a copy of the PowerPoint is annexed as Exhibit O.), press clippings, a
sizzle reel in which Sophie lived her Dream Day with Constantine Maroulis living her
Broadway Dream Day. All of these materials elaborated copyrightable elements related to
Plaintiffs novel concept for a show where a celebrity or expert makes childrens career dreams
come true in every episode.
128.
Also at the 2015 meeting, Plaintiffs explained that the Special was produced by
IMG. Neither Viacom nor Nickelodeon mentioned that they had a similar program in the works.
At the meeting, the parties specifically discussed Nickelodeon buying the career Dream Day
format for a television show.
24
129.
Katsoris followed up with an email confirming this and sent Kramer a link to a
press clip from NBC News featuring two Loukoumi Dream Day winners Sophie who lived her
dream day at NASA and Lionel who lives his soccer dream day with the NY Red Bulls.
130.
Elly Kramer said that Plaintiffs have "an embarrassment of riches here" and that
she was very interested in developing a television show. Elly Kramer asked for additional
information and another detailed proposal was sent via email. Nickelodeon production manager
Alexandra Johnson-Gamsey was copied on the emails between Katsoris and Kramer. Kramer
and her team have worked intimately not only with Nick Jr. but also Nickelodeon.
131.
Kramer stated that Nickelodeon would be interested and if Nickelodeon were
unable to purchase the entire show, that it is in their usual course of business to buy show
properties and also to co-produce shows.
132.
Katsoris specifically asked Kramer in person and in a follow-up e-mail: Do you
think a live action show focusing on our dream days where kids live their dream careers might be
something that maybe not Nick Jr., but Nickelodeon might be interested in?
133.
On August 27, 2015, Kramer responded via email: We very much appreciate
what youve created and love the idea of encouraging kids to make a difference. Unfortunately
the project does not support what were currently looking for. (see Exhibit P)
J. PLAINTIFFS ENGAGE IN NEGOTIATIONS WITH THE DISCOVERY
CHANNEL IN 2015
134.
In or about the summer of 2015, Katsoris provided a copy of the Special and other
materials to the Discovery Network for review. Following talks in the spring and summer 2015,
Discovery Channel green-lighted a 5-10 week television series featuring Loukoumi and Dream
Days, in a format identical to what Plaintiffs pitched to Viacom and Nickelodeon.
25
135.
However, as explained below, before the shows could be produced or aired,
Katsoris learned that Defendants were already producing a television show (the Infringing
Work) that, at the time, was named, I Wanna Be, thus irreparably harming the potential for the
Loukoumi program to air on the Discovery Channel.
K. A NEW SERIES IS ANNOUNCED BY NICKELODEON
136.
On or about September 22, 2015, Nickelodeon announced a green-light for a new
show, starring IMG client Cam Newton.

137.
According to Nickelodeons September 22, 2015 press release about the
Infringing Work: I Wanna Be will follow Newton as he takes real kids on the ride of their lives
to help make their dreams come true. The 20-episode series is slated to air in 2016 and will shoot
during the NFL off seasons. From decorating award-winning cakes to landing a spot on a
Broadway stage,2 kids will be mentored by experts and supported by Newton as he cheers them
on, and participates in the action, every step of the way. A copy of the Nickelodeon press
release is annexed hereto as Exhibit Q.
138.
In November 2015, Katsoris first learned of the existence of Nickelodeon and
Viacom producing a television show called, I Wanna Be.

139.
On November 24, 2015, Katsoris and the Foundation sent a cease-and-desist letter
to Nickelodeon, Viacom, IMG and Magical Elves, the production company producing I Wanna
Be. Magical Elves is also a client of WME, the parent company of IMG.
140.
The television show is currently being taped as Cam Newton has completed the
2015-2016 football season.
Landing a spot on a Broadway stage is identical to Sophias career Dream Day featured in the Special.
26
141.
The Foundation is pursuing its contractual and other claims against IMG
Productions through mediation and arbitration pursuant to the Work For Hire Services
Agreement between the Foundation and IMG (see Exhibit I), which requires mediation followed
by arbitration.
142.
At no time have plaintiffs authorized IMG, Viacom or Nickelodeon to reproduce,
adapt, distribute or perform the said copyrighted material.

143.
By reason of defendants infringement and threatened infringement, plaintiffs
have sustained and will continue to sustain substantial injury, loss, and damage to their
ownership rights in the copyrighted work.
144.
Further irreparable harm to plaintiffs is imminent as a result of defendants
conduct, and plaintiffs are without an adequate remedy at law. Plaintiffs are entitled to an
injunction restraining defendants, their officers, directors, agents, employees, representatives and
all persons acting in concert with them from engaging in further such acts.
145.
Plaintiffs are further entitled to recover from Defendants the damages sustained
by Plaintiffs as a result of Defendants acts of copyright infringement, trademark infringement,

unfair competition, breach of fiduciary duty, aiding and abetting breach of fiduciary duty, breach
of contract, breach of implied contract and unjust enrichment. Plaintiffs are at present unable to
ascertain the full extent of the monetary damage plaintiffs have suffered by reason of defendants
acts of copyright infringement and otherwise, and such amount is to be determined by the Court.
L. DEFENDANTS INFRINGING WORK USES PLAINTIFFS COPYRIGHTABLE
ELEMENTS AND TRADEMARKED PHRASE
27
146.
As set forth in Williams, there are a finite number of factors that, if weighed in
favor of the plaintiff, can protect the plaintiffs work. The factors are theme, setting, character,
time sequence, and pace all comprising the total concept and feel of a work.
147.
THEME: The theme is identical on the most basic level, both works encourage
children to achieve their dreams. Furthermore, both of the television shows have a unique and
innovative thematic element: both are focused on encouraging children to visualize, chart, set
and realize career goals. Both television shows capitalize on the effect that a celebrity mentor
will have a child and child-viewers giving a child the tools and discussing the hard work
necessary to set goals and to persevere to make their dreams come true.
148.
SETTING: Both works involve a single child creating a video in his or her local
environment (e.g. home, school, community center, etc.) expressing a dream. Both works
involve a single child traveling to a location to realize his or her dream. Both works involve a
single child meeting with a celebrity in a work-related setting.
149.
CHARACTER: Both television shows feature a host and a celebrity paired with a
child. In the Special Cat Cora serves as host and Cam Newton serves as host in the Nickelodeon
show. Both shows also feature celebrity experts in their fields. Tony Nominee Constantine
Maroulis is featured in the Special mentoring a young girl and in an episode of All In With Cam
Newton basketball star Lisa Leslie is featured mentoring a young girl. . Comparing the works,
the children look similar, have remarkably similar dreams and are taken through the same
experiences. Thus, the works feature people who fit into the same character Newton, the
celebrity experts and the respective children play the same roles.
150.
TIME SEQUENCE: The time sequences are strikingly similar. Both television
shows are structured around one child per episode segment. The episode segment is centered
28
around and begins with a video expressing that childs goal. Even these user-generated videos
are identical: only the child himself or herself is in the video frame where he or she speaks into
the camera and states his or her career goal. Each episode involves a meeting with the celebrity.
Each episode concludes with a celebrity helping that child to achieve his or her goal.
151.
PACE: An examination of the videos shows that the pacing of the works is
remarkably similar. Each episode begins with a child stating his or her career goal. After the
career goal is introduced, the celebrity will assist in making the childs dream a reality in an
over-the-top manner. Both works involve a single child meeting with a celebrity in a workrelated setting and then both the celebrity and child participating in that childs dream career.
Both works feature the celebrity being extensively involved in this entire process whether it be
singing alongside with a little girl who wanted to be a Broadway star to Cam standing alongside
a little girl in a hospital with dreams of breaking into the medical field.
152.
TOTAL CONCEPT AND FEEL: All the above-mentioned factors culminate in
an analysis of the total concept and feel of the works. A reasonable observer could conclude that
these two works are similar in their total concept and feel. Here, not only are the theme, setting,
characters, time sequence, and pace similar, but the expression of these factors is not only
similar, it is identical. The similarities between the works do not simply stem from the fact that
both works are aimed at children there are substantial similarities between the abovementioned
factors that make it clear that Viacom could not have created such a television show completely
independent of Katsoris and the Foundation. The substantial similarities between the elements
render the total concept and feel of the two shows identical. It is clear that no reasonable
observer would be able to conclude otherwise.
29
FIRST CAUSE OF ACTION

COPYRIGHT INFRINGEMENT 17 U.S.C. 101 et seq.
KATSORIS AGAINST DEFENDANTS AND THE FOUNDATION AGAINST VIACOM
153.
Plaintiffs repeat and reallege each of the foregoing paragraphs as if fully set forth
154.
As excerpted below in pertinent part, Copyright Act 17 U.S.C. 106 gives the
herein.
copyright owner the exclusive rights to:

(2) to prepare derivative works based upon the copyrighted work;
(3) to distribute copies [.] of the copyrighted work to the public by sale
or other transfer of ownership, or by rental, lease, or lending;
(4) in the case of literary [. ] works [.] and motion pictures and other
audiovisual works, to perform the copyrighted work publicly;
155.
(5) in the case of literary [] dramatic, and choreographic works,

pantomimes, and pictorial, graphic, or sculptural works, including the
individual images of a motion picture or other audiovisual work, to display
the copyrighted work publicly.
As set forth above, Defendants had access to Plaintiffs copyrighted works. A
comparison of the works shows probative similarity between the works. Upon information and
belief, Defendants did not independently create the Infringing Work.
156.
The copying from Dream Days to the Infringing Work is both qualitatively and
quantitatively sufficient to support the legal conclusion that infringement has occurred.
157.
By using Plaintiffs copyrighted materials to create a television show that is
substantially similar to Plaintiffs copyrighted materials, Defendants have violated each of

Plaintiffs rights enumerated in 17 U.S.C. 106 (2-5).
158.
As set forth above, Katsoris is the author of and owns copyrighted material found
in the Loukoumi Dream Day Reality show. Katsoris and the Foundation also own copyrighted
material in the Make A Difference with Loukoumi television special.
30
159.
As described more fully above, copyrights in these works have been registered
with the U.S. Copyright Office.

160.
As set forth more fully above, Defendants IMG and Viacom Inc. have had access
to, copied, and intend to produce the television series I Wanna Be, which is an infringing
derivative work based on Plaintiffs copyrighted works.
161.
Plaintiffs have not authorized IMG or Viacom to prepare a derivative work.
162.
Defendants conduct violates the exclusive rights belonging to Plaintiffs as
owners of the copyrights, including, without limitation, Plaintiffs rights under 17 U.S.C. 106.
163.
As a direct and proximate result of their wrongful conduct, Defendants will
realize profits and other benefits rightfully belonging to Plaintiffs. Accordingly, Plaintiffs seek
an award of damages pursuant to 17 U.S.C. 504 and 505.
164.
IMG and Viacoms infringing conduct has also caused and is causing substantial
and irreparable injury and damage to Plaintiffs in an amount not capable of determination, and,
unless restrained, will cause further irreparable injury, leaving the Plaintiffs with no adequate
remedy at law.
165.
As set forth above, IMG and Viacom were specifically put on notice of Plaintiffs
rights during pitch meetings to IMG and Nickelodeon representatives.

166.
Accordingly, since IMG and Viacom were put on notice of Plaintiffs rights and
yet have intentionally copied Plaintiffs works, Plaintiffs are entitled to the maximum statutory
damages allowable.
167.
In the alternative, the Copyright Act permits Plaintiffs to elect to pursue actual
damages at any time prior to trial. Plaintiffs are thus entitled to pursue actual damages in an
amount to be determined at trial.
31
168.
Upon information and belief, WME IMG, LLC is the successor-in-interest to
IMG; accordingly, judgment should be awarded against WME IMG, LLC on this cause of action
for all claims stated against IMG.
SECOND CAUSE OF ACTION
UNFAIR COMPETITION 15 U.S.C. 1125(a) et seq.
PLAINTIFFS AGAINST VIACOM AND KATSORIS AGAINST IMG
169.
herein.
170.
Lanham Act 43(a) protects registered and unregistered trademarks.
171.
In the beginning of the videos that Plaintiff used, produced, promoted, and
circulated, the children all said I wanna be. This phrase was widely published and promoted
by Plaintiffs.
172.
IMG and Viacoms use of the phrase I wanna be in development and promotion
of the Infringing Work followed pitch meetings by Katsoris and the Foundation in which
Nickelodeon representatives viewed the trademark I wanna be phrase used repeatedly in
connection with a reality show and contest entries for a dream day on which children have an
opportunity to realize their dreams for a day.
173.
Defendants use of the trademark phrase I wanna be in similar commercial
advertising and/or promotional materials and commercial activities are likely to cause confusion
or to cause mistake, or to deceive as to the connection of Defendants television show with
Plaintiffs television show.
174.
As described above, IMG and Viacoms use of the phrase I wanna be occurred
following events that put Viacom on notice of Plaintiffs rights, and thus Viacoms use of
Plaintiffs trademark was intentional.
32
175.
By intentionally concealing Katsoris and the Foundations authorship and
ownership of the phrase I wanna be in connection with the production of a television show
where children realize their dreams, IMG and Viacom engaged in reverse passing off in
violation of 43(a) of the Lanham Act.
176.
IMG and Viacoms intended use of the phrase I wanna be will dilute Plaintiffs
trademark in violation of 15 U.S.C. 1125(c).

177.
IMG and Viacoms intended use of the phrase I wanna be will tarnish
Plaintiffs trademark.
178.
Because IMG and Viacoms infringement of Plaintiffs trademark was willful,
this is an exceptional case under the Lanham Act, and damages and attorneys fees should be
determined at trial and awarded by the court.
179.
THIRD CAUSE OF ACTION
DECLARATORY JUDGMENT 28 U.S.C. 2201 & 2202
PLAINTIFFS AGAINST ALL DEFENDANTS
180.
herein.
181.
As set forth above, Defendants are infringing upon copyrightable and
trademarked intellectual property and in novel concepts protected by contract owned by Katsoris
and the Foundation, including, but not limited to, the phrase I wanna be and other elements of
the career Dream Day.
33
182.
The intellectual property is subject to protections of both the Copyright Act and
Lanham Act, as well as under the common law.

183.
Because this claim presents an actual case or controversy that would be resolved
by declaratory relief, Plaintiffs seek a declaration of ownership rights concerning Loukoumi and
the associated intellectual and other property along with preliminary and permanent injunctive
relief pursuant to the Federal Declaratory Judgment Act, 28 U.S.C. 2201 and 2202.
FOURTH CAUSE OF ACTION
UNFAIR COMPETITION/DILUTION
NEW YORK GENERAL BUSINESS LAW 360-1
PLAINTIFFS AGAINST VIACOM AND KATSORIS AGAINST IMG
184.
185.
New York General Business Law 360-1 protects registered and unregistered
herein.
trademarks against dilution. New York law protects unregistered common law trademarks from
infringement.
186.
Katsoris and the Foundation developed a trademark phrase I wanna be within
Dream Day Contest videos and pitch materials specifically used for the promotion of a television
series based around the phrase I wanna be.
187.
The phrase I wanna be became recognized as a source identifier by consumers
and acquired secondary meaning and fame.

188.
The phrase I wanna be was incorporated without Plaintiffs permission in the
working title and in its promotional videos for IMG and Viacoms upcoming television show.
189.
IMG and Viacoms use of the phrase I wanna be in the context of user-
generated home videos used for a childs career dream day in a television show, will confuse
34
consumers of the Loukoumi Dream Day contest, leading consumers to believe that Katsoris and
the Foundation have endorsed Viacoms production.
190.
IMG and Viacoms use of the phrase I wanna be followed pitch meetings by
Katsoris and the Foundation in which Nickelodeon representatives viewed the trademark I
wanna be phrase being used repeatedly in connection with a reality show contest in which
children have an opportunity to realize their career dreams for a day with the child paired with a
celebrity.
191.
As described above, IMG and Viacoms use of the phrase I wanna be occurred
following circumstances that put Viacom on actual notice of Plaintiffs rights, and thus Viacoms
use of Plaintiffs trademark was intentional.
192.
IMG and Viacoms intended use of the phrase I wanna be will dilute Plaintiffs
trademark.
193.
194.
Because IMG and Viacoms infringement of Plaintiffs trademark was willful,
damages and attorneys fees should be determined at trial and awarded by the court.
FIFTH CAUSE OF ACTION
N.Y. GEN BUS. LAW 349
PLAINTIFFS AGAINST ALL DEFENDANTS
195.
herein.
35
196.
New York State General Business Law 349 prohibits deceptive acts and
practices. The above alleged conduct of all Defendants amounts to unlawful, deceptive, and
unfair business practices.
197.
Gen. Bus Law 349 subsection (h) provides for a private right of action including
injunctive relief.
198.
Defendants anticipated production of the Infringing Work is based upon their
intentional infringement of Plaintiffs intellectual property, including knowingly profiting from

contractually-protected novel concepts together with protectable intellectual property interests
that were disclosed to Defendants under circumstances requiring payment for use and source
identification.
199.
In light of the Defendants promotional materials and other materials in the public
domain, Defendants anticipated production of I wanna be has intentionally caused and will
continue to intentionally cause actual deception and confusion to consumers in the State of New
York as to the origin of I wanna be.
200.
Therefore, Defendants are liable to Plaintiffs for violations of Gen Bus. Law
349, and the Court should award damages, treble damages, attorneys fees and injunctive relief.
SIXTH CAUSE OF ACTION
BREACH OF FIDUCIARY DUTY/ TORTIOUS INTERFERENCE WITH ACTUAL AND
PROSPECTIVE BUSINESS OPPORTUNITIES/ACCOUNTING
KATSORIS AGAINST IMG
201.
Plaintiffs repeat and reallege the foregoing allegations and incorporate them
herein by reference.
202.
IMG worked as Katsoris agent from April 2012 until the present.
36
203.
As agent for Katsoris, IMG owes a fiduciary duty as well as duties of care, loyalty
and good faith to Katsoris. IMGs duties require it to operate prudently in the operation of
Katsoris business, to discharge actions in good faith, to act in Katsoris best interests, and to put
Katsoris business before its own.
204.
As described above, IMG contracted with Katsoris to act as his agent in exchange
for the opportunity to produce the Special for the Foundation as well as for the opportunity to
serve as producer on future Loukoumi productions or, in the alternative, receive a 15%
commission if the broadcast network chose another producer.
205.
Katsoris fully performed his part of the agreement by delivering materials in a
timely matter, attending pitch meetings and fulfilling all reasonable requests.
206.
IMG breached its fiduciary duties to Katsoris and engaged in self-dealing by
diverting an opportunity that Katsoris had worked many years to develop to itself.
207.
Specifically, Katsoris worked with IMG through the Foundation to develop
opportunities for a charity to sponsor a reality show that would permit children to realize their
dreams and that would benefit childrens charities.
208.
At all times, IMG knew that Katsoris was trying to develop opportunities to
benefit charities.
209.
IMG used Katsoris resources and indeed Katsoris himself to develop an
opportunity for a show with Nickelodeon.

210.
When the opportunity for a television show with Nickelodeon arose following
Katsoris efforts, IMG diverted the opportunity to itself and to its other client, Cam Newton,
without Katsoris knowledge or consent.
37
211.
A work for hire agreement between the Foundation and IMG provided for a
fifteen-day exclusive right of first negotiation for any similar television special in the event a
representative of the Foundation secured a broadcast or syndication deal.
212.
IMG has thus been unjustly enriched at Katsoris expense and at the expense of
the charities he supports.

213.
The development deal with IMG and Nickelodeon for the show I wanna be
appears identical to the Loukoumi Dream Day Reality show that IMG pitched to television
networks and others on behalf of Katsoris.
214.
IMG breached its fiduciary duties of loyalty and good faith by diverting the
development deal to another client and to another production company.

215.
Katsoris has been damaged by IMGs breach of its fiduciary duties to him.
216.
By profiting from Katsoris labors without justly compensating him, IMG has
been unjustly enriched.

217.
Based on the foregoing, Plaintiffs are entitled to an accounting from IMG and a
delivery of all property, contracts and benefits received as a result of IMGs usurpation of
opportunities created using Katsoris resources.
SEVENTH CAUSE OF ACTION
AIDING AND ABETTING BREACH OF FIDUCIARY DUTY
KATSORIS AGAINST VIACOM
218. Plaintiffs repeat and reallege the foregoing allegations and incorporate
them herein by reference.
219. As mentioned in the Sixth Cause of Action, IMG breached its fiduciary
duty to Katsoris.
220. Viacom knew that IMG was Katsoriss agent and as such, Viacom knew
38
that IMG owed a duty to the plaintiff.

221. Viacom had actual knowledge of IMGs fiduciary duty to Katsoris and the
Foundation. Viacom had actual knowledge of IMGs breach of that fiduciary duty because
Viacom knew that Katsoris and the Foundation owned and that IMG had merely produced the
Dream Day special as a work for hire for Katsoris and the Foundation. This fact was disclosed at
the meetings between Katsoris and Viacom, but Viacom never disclosed a development
partnership with IMG.
222. Viacom failed to act to alert Katsoris when the circumstances required it to do so
and thus enabled and encouraged IMGs breach of fiduciary duty. Viacom again had additional
notice of Plaintiffs relationship in November 2015 when Plaintiff was forced to write Viacom a
cease and desist letter. Despite actual knowledge of this relationship, Viacom, persisted and
continues in aiding IMGs breach of fiduciary duty to Plaintiff by allowing the development of
the show to continue with another IMG client.
223. In a letter from Mr. Steven C. Beer, Esq. to attorneys for IMG and Viacom, Mr.
Beer explicitly states that IMG was under a work-for-hire services agreement. (see Exhibit R)
224. Viacom provided substantial assistance to IMGs breach by continuing to
develop a stolen idea starring another IMG client, Cam Newton. As such, Viacom was able to
perpetuate copying Plaintiffs copyrightable work in conjunction with IMG.
225. Viacom provided integral assistance to IMGs breach of fiduciary duty to
Katsoris and as such, Plaintiffs injury was proximately caused by Viacom. Viacoms show is
now filming and the harm to Plaintiff is growing.
226. As a result of Viacom aiding and abetting IMGs breach of fiduciary duty,
Plaintiff suffered damages in an amount to be determined by the court.
39
EIGHTH CAUSE OF ACTION

INJUNCTION IN AID OF ARBITRATION UNDER THE FEDERAL ARBITRATION
ACT
THE FOUNDATION AGAINST IMG
227.
228.
The Foundation entered into a work for hire agreement with IMG pursuant to
which all rights to the Special are owned by the Foundation.

229.
The work for hire agreement contractually binds the Foundation and IMG to
mediation and arbitration.

230.
IMG has actual knowledge that the Foundation believes IMG is in breach of the
work for hire agreement.

231.
However, as set forth above, IMG and Viacoms infringing television series is
scheduled to launch in early 2016, causing irreparable harm to Plaintiffs.

232.
The Foundation has pursued mediation and arbitration with IMG, which is
unlikely to resolve prior to the scheduled launch of IMG and Viacoms infringing television
series.
233.
Katsoris and the Foundation have no adequate remedy at law.
234.
Because the Defendants had and continue to have actual notice of Katsoris and
the Foundations rights, the balance of equities tips in favor of Katsoris and the Foundation.
235.
The public interest would not be disserved by issuing injunctive relief in favor of
Katsoris and the Foundation.

236.
The FAA, 9 U.S.C. 1 et seq., requires that courts enforce privately negotiated
agreements to arbitrate . . . in accordance with their terms. The Second Circuit has recognized
40
that a courts power to compel arbitration is meaningless without the power to also issue
injunctive relief when necessary to maintain the status quo during arbitration.
237.
In this case, arbitration would become a hollow formality absent an order
preserving the status quo ante and restraining any further violations of the rights of Katsoris and
the Foundation.
NINTH CAUSE OF ACTION
BREACH OF IMPLIED CONTRACT
KATSORIS AGAINST VIACOM
238.
239.
Katsoris and the Foundation prepared extensive written and visual materials in
anticipation of a meeting with Nickelodeon. Plaintiffs offered these written and visual materials
which contained novel concepts and copyrighted and trademarked content to Viacom as the basis
for a commercial television broadcast.
240.
In preparation for both the 2011 and 2015 meeting, Plaintiff prepared materials, a
pitch, and reasonably expected to be compensated if the parties could reach an agreement based
on Viacoms continuing interest in the success of career Dream Days.
241.
In the entertainment industry, ideas and stories for a television series are pitched
in confidence with the intent to interest studios or producers in purchasing those ideas and
turning such ideas into a television series for commercial gain and broadcast. During Katsoris
multiple meetings with Viacom, Viacom voluntarily received Plaintiffs ideas and intellectual
property with the knowledge that Katsoris was pitching an idea with the goal of it being
purchased by Viacom.
41
242.
It was mutually understand under the custom and practice of the television
industry, that if Nickelodeon used these written and visual materials as part of a commercial
broadcast, the source of the concept and associated intellectual property would receive
compensation. This method of pitching ideas to networks with the common goal of creating a
commercial broadcast is common industry practice.
243.
Using Plaintiffs novel concepts, together with copyrighted and trademarked
materials, as embodied in the written and visual materials used by Katsoris in the meetings with
Viacom Nickelodeon stands to make a large profit. As a direct and proximate result of Viacoms
actions, Plaintiffs will suffer damages in an amount to be determined, but not less than $75,000.
WHEREFORE, Plaintiffs demand judgment as follows:
(1)
A declaratory judgment that Plaintiffs own Loukoumi The Lamb as well as all
related intellectual property including, but not limited to, the phrase I wanna be;
(2)
A permanent injunction barring the Defendants from violating Plaintiffs rights in

their intellectual property, including but not limited to the phrase I wanna be, by
producing, broadcasting or otherwise disseminating the anticipated Nickelodeon
show of the same title;
(3)
A permanent injunction enjoining Defendants and all persons acting in concert

with them from manufacturing, reproducing, distributing, adapting, displaying,
advertising, promoting, offering for sale and/or selling, or performing any
materials that are substantially similar to Plaintiffs copyrighted work;
(4)
An injunction in aid of arbitration;
(5)
An award of statutory, actual and other damages in an amount to be determined at

trial;
42
(6)
An order compelling an accounting from Defendants to ascertain the amount of

profits and compensation received from the infringing work I wanna be and any
other violations of Plaintiffs rights associated with Loukoumi generally;
(7)
An award of Plaintiffs costs and disbursements of this action, including

reasonable attorneys fees; and
(8)
Any such other and further relief as to the Court may deem just, proper and
equitable.
Dated: New York, New York

1, 2016
Respectfully submitted,
DUNNINGTON BARTHOLOW & MILLER LLP
Attorneys for Plaintiffs
By: /s Samuel Blaustein____________

Raymond J. Dowd
Samuel Blaustein
250 Park Avenue
New York, NY 10177
Tel: (212) 682-8811
rdowd@dunnington.com
sblaustein@dunnington.com
43

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Case 1:16-cv-00135-RA Document 26 Filed 04/01/16 Page 1 of 43

UNITED STATES DISTRICT COURT

Index No. 16-cv-00135

-againstWME IMG, LLC, IMG PRODUCTIONS, LLC and

This is an action for copyright and trademark infringement pursuant to the

Case 1:16-cv-00135-RA Document 26 Filed 04/01/16 Page 2 of 43

Nicholas Katsoris, known professionally as Nick Katsoris (Katsoris), is the sole

author of an award-winning series of childrens books featuring the copyrighted character

To support this charitable mission,

Case 1:16-cv-00135-RA Document 26 Filed 04/01/16 Page 3 of 43

After a number of unsuccessful efforts in pitching the project, the Foundation

Case 1:16-cv-00135-RA Document 26 Filed 04/01/16 Page 4 of 43

The Special, produced by IMG pursuant to a work-for-hire agreement for which

Case 1:16-cv-00135-RA Document 26 Filed 04/01/16 Page 5 of 43

Foundation pitched a television series based on the Special to Nickelodeon.

At no time during these meetings did any employee of either Viacom or

On September 22, 2015, Nickelodeon announced the 2016 launch of a childrens

Foundations valuable copyrighted and trademarked materials as well as other information

As described more fully below, the Nickelodeon television series is a derivative

Case 1:16-cv-00135-RA Document 26 Filed 04/01/16 Page 6 of 43

Because of this imminent and

irreparable harm, temporary and permanent injunctive relief is warranted.

On February 6, 2016, Sports Illustrated Kids published Exclusive First Look:

helps-kids-dreams-come-true-new-nickelodeon-series). A side by side comparison of even this

On or around March 1, 2016, following the filing of this action on or about

Case 1:16-cv-00135-RA Document 26 Filed 04/01/16 Page 7 of 43

IMGs conduct robbed Katsoris and the Foundation of a contractually-guaranteed

Case 1:16-cv-00135-RA Document 26 Filed 04/01/16 Page 8 of 43

preliminary injunction be issued restraining Defendants from creating, broadcasting or

Plaintiff The Loukoumi Make A Difference Foundation, Inc. is a 501(c)(3) New

York not-for-profit corporation with a principal place of business in New York.

Defendant WME IMG, LLC is a Delaware corporation doing business in New

Defendant IMG Productions, LLC is a New York corporation doing business in

Upon information and belief, WME IMG, LLC is the successor-in-interest or

Defendant Viacom Inc. is a Delaware corporation with a principal place of

Case 1:16-cv-00135-RA Document 26 Filed 04/01/16 Page 9 of 43

The damages suffered by Plaintiffs exceed seventy-five thousand dollars

($75,000) exclusive of costs.

Katsoris is an attorney admitted to practice in the State of New York.

Katsoris is a graduate of Fordham Law School, having served as an editor of the

Katsoris has served as General Counsel to a group of companies in New York

City for over twenty years.

following the birth of his son.

Case 1:16-cv-00135-RA Document 26 Filed 04/01/16 Page 10 of 43

The Loukoumi series is comprised of seven books: Loukoumi (narrated on CD by

used in the Greek language to mean sweet.

Case 1:16-cv-00135-RA Document 26 Filed 04/01/16 Page 11 of 43

programs related to promoting the lessons found in the Loukoumi books.

Case 1:16-cv-00135-RA Document 26 Filed 04/01/16 Page 12 of 43

In May 2014, Katsoris formed the Foundation to teach children to make a

difference in their lives and the lives of others.

The Foundation sponsored the Make A Difference with Loukoumi TV Special

In November 2006, Katsoris released Growing Up With Loukoumi. Annexed

Based on Growing Up With Loukoumi, in 2007, Katsoris created the Growing Up

Case 1:16-cv-00135-RA Document 26 Filed 04/01/16 Page 13 of 43

the sentence I WANT TO BE____________.

Details of the contest can be found at:

http://www.loukoumifoundation.org/dream_day.html. Annexed hereto as Exhibit C are contest

(http://www.loukoumi.com/press_reviews/video6.html) and in other news stories.

Day Parade (the Parade).

Case 1:16-cv-00135-RA Document 26 Filed 04/01/16 Page 14 of 43

Fox recommended IMG as a producer to members of the Parade committee.