In the presence of incriminating evidence against their clients, Swedish lawyers Caroline von Heidenstam and Lena Franstedt Lofalk, partners at Stokcholm based Swedish law firm Kanter Advokatbyrå, advised their clients Friday TV, Metronome, Endemol Shine, to commit fraud against BUMP by hiding agreement files. A main witness they advised to make false statements under oath committed suicide.
Derek Banner is founder of Banner Universal Motion Pictures, BUMP.
in 2003 he created MINUTE TO WIN IT, originally called MINUTE WINNER - You got one minute to win it!, a television game show concept which in November 2005 he pitched to Metronome and Endemol Shine owned Friday TV's co-founders Jock MIllgårdh and Mattias Olsson. Derek Banner was accompanied by Massimo Locci who was present at the pitch meeting in Stockholm. After the meeting Derek Banner followed up with an email to Jock Millgårdh which contained ten new TV format proposals, in the same email Derek Banner included the four page "Minute Winner" format pitch.
Friday TV and Derek Banner's company BUMP established a working relationship between 2005 - 2007 during which BUMP pitched a number of TV format proposals to Friday TV, including Minute Winner, Celebrity Birthday, Papa Can Dance (About the oldies), Luxury Trap (Lyxfallan), etc. The two companies signed an agreement on one of the formats "Celebrity Birthday", and Friday TV was to further develop "Celebrity Birthday" to a full format and pitch and sell the format to third parties worldwide.
In an email to Friday TV's Jock Millgårdh in 2007 Derek Banner sent another fourteen page extended derivative version of "Minute Winner", entitled "Read Your Fortune", which he created in 2004, a year after creating "Minute Winner". The new format provided details such as "million dollar prize", "ten sample games", "increasing prize ladder", "trying the games at home", "Christmas edition", "Games in schools", etc.
In 2007 Jock Millgårdh and Mattias Olsson further developed Derek Banner's gameshow proposal "Minute Winner - Minute To Win It" and used details from its derivative version "Read Your Fortune", making what's called an "hybrid". They made an animated promo video and in 2009 they pitched the gameshow concept to NBC.
NBC aired "Minute To Win It" the following year in 2010. The gameshow was later adapted in seventy territories, distributed by NBCUniversal and Endemol Shine International. "Minute To Win It" was awarded FRAPA's title of "World's most sold gameshow" in 2011 and 2012.
In an email to Jock Millgårdh and Friday TV's CEO and co-founder Estelle Bodén in September 2011 Derek Banner and BUMP inquired about "Minute To Win It" and demanded royalties. After a number of email exchange Friday TV informed that their and Metronome's Legal Counsel Eva-Lotta Almkvist will contact Derek Banner. Meanwhile the legal teams of NBCuniversal in US and Shine TV Limited in UK also confirmed in separate emails that Metronome and Friday TV were resolving the matter.
In the same weeks Derek Banner discovered links to two agreement files stemming from Metronome and Friday TV's Internet servers in Stockholm, created in Swedish language. Below is an English translation:
file:/// w // Metronome / Agreement / Agreement Documentation / Friday TV / MINUTE WINNER - You got one minute to win it!
file:/// w // Metronome / Agreement / Agreement Documentation / BUMP / MINUTE WINNER - MINUTE TO WIN IT - You got one minute to win it!
The above agreement files evidence show that Jock Millgardh and Friday TV, and their Swedish lawyers and legal counsel, acknowledged Derek Banner and BUMP's rights to Minute Winner - Minute To Win It.
In a letter to Derek Banner of 7 February 2019 Endemol Shine's lawyer in London, Caroline Kean, confirmed that Friday TV's legal counsel downloaded files from BUMP's website which legal counsel preserved for use as evidence. The two downloaded files were entitled "MINUTE WINER - You got one minute to win it!" and "MINUTE WINNER - MINUTE TO WIN IT - You got one minute to win it!".
As shown in the aforementioned agreement files evidence which Derek Banner discovered from Friday TV and Metronome's servers, the two files Friday TV's legal counsel downloaded from BUMP's website were used as documentation in the two agreement files legal counsel Eva-Lotta Almkvist created. The two agreement files were created shortly after Friday TV's CEO informed in her email that legal counsel Eva-Lotta Almkvist will contact Derek Banner. And the downloaded files from BUMP's website were used by legal counsel to serve as evidence and documentation in Friday TV's acknowledgement of Derek Banner and BUMP's rights to Minute Winner and Minute To Win It.
Despite Friday TV's acknowledgement, however, their Swedish lawyers Lena Franstedt Lofalk and Caroline von Heidenstam advised Friday TV, Metronome, and Endemol Shime to hide the agreement files to prevent them from resolving the matter with Derek Banner and BUMP, and thus so they could avoid to pay over twenty million dollars in royalties and profit share to BUMP for "Minute To Win It".
Friday TV and Metronome previously paid royalties and profit share to a Swedish choir leader, Caroline af Ugglas, on the basis of a verbal idea which Jock MIlgårdh and Matias Olson also developed and sold it to NBC. The program "Clash of the choirs", was later distributed in seventeen territories. They paid royalties and profit share to Swedish Caroline at Ugglas for her verbal idea without dispute from the two lawyers, court litigation or copyright claim. Therefore there should be no justification or basis for Swedish lawyers Caroline von Heidenstam and Lena Franstedt Lofalk to start a copyright dispute with Derek Banner and BUMP on their proposal to Friday TV of Minute Winner - Minute To Win It gameshow. They used copyright as a pretext for starting a legal battle and forced the matter to a court trial so they could obtain judgment in their favor and so Friday TV could avoid to pay royalties. They knew that small independant companies often have the financial means to defend their rights and interests before the court, so they deliberately decided to take advantage of an independant black minority company and defraud him and his company of millions of dollars in royalties. Their actions were not a business decision but were rather purely motivated by bias and racial discrimination against Derek Banner.
Besides Minute Winner and Minute To Win It, the two lawyers also assisted Friday TV and Metronome with forging documents with the intent to produce false evidence with regard to Luxury Trap, "Lyxfällan", which is another Derek Banner's TV show proposal to Metronome, Friday TV, and to TV3 VIASAT (Nordic Entertainment Group), and which their clients Metronome, Friday TV, and Endemol Shine, together with TV3 VIASAT Channels in Sweden, Denmark, and Norway have now been exploiting for more than twenty-six seasons without license, rights acquisition, or payment of royalties to Derek Banner and BUMP.
Meanwhile the two lawyers have deliberately registered Derek Banner and BUMP's used trademarks, Minute To Win It and Luxury Trap, in their clients' names without permission or their clients' proof of creation or ownership of the trademarks.
Web analytics and evidence of visitors log files show that Friday TV and their lawyers had spent several hours during their visit on BUMP's website and specifically visited pages with titles "Minute Winner - Minute To Win It" and "Luxury Trap". The log files evidence also show the name of the two lawyers' Swedish law firm, "Juridiskforetag Nord Och Co Ab", now called Kanter Advokatbyrå Ab, as well as the IP address of Friday TV and Metronome, and the name "Mutter Media Ab", which is Friday TV's server name and the name of a Metronome owned company headed by Eva-Lotta Almkvist, Friday TV's legal counsel who drafted the agreement files between Metronome, Friday TV, and BUMP. The log files evidence also show that the two lawyers were fully aware from their visit on BUMP's website that Derek Banner and BUMP used the Minute To Win It title, inckuding the catchphrase "You got one minute to win it", and the title "Luxury Trap"; nonetheless they went ahead and filed an application to register these trademarks in their clients' names. One day after they sent a letter to Derek Banner and claimed Friday TV's ownership of the Minute To Win It trademark, they stated in the same letter that Derek Banner's "Minute Winner" trademark is "confusingly similar" to Friday TV's "Minute To Win It" trademark and threatened Derek Banner with lawsuit. They fully ignored the fact that Derek Banner created and had been using the trademark "Minute Winner" and catchphrase "You got one minute to win it" since 2003 and since 2005 in direct connection with their client Friday TV.
The two lawyers have had no prior experience in international TV formats dispute; they ignored settlement requests made to Derek Banner by their Danish colleague, Kasper Frahm, who is partner at Copenhagen based Danish law firm Plesner. They put aside all ethics and professional integrity and threatened in their letter to closely monitor all Derek Banner's activities, thus including online activities, telephone calls, etc. They went out of their way and tried to undermine Derek Banner's work and attempted to tarnish his name and reputation in the Swedish press, calling Derek Banner a Swedish name for "Gold digger", while they allowed their clients to steal and profit from Derek Banner's work.
The three founders of Friday TV, Jock Millgårdh, Mattias Olsson, and Estelle Bodén, with their legal counsel Eva-Lotta Almkvist, resigned in protest from Friday TV and Endemol Shine.
Jock Millgårdh, who certainly was feeling under pressure and probably facing damages from Endemol Shine and NBCUniversal for selling to NBC an intellectual property which he and Friday TV were never the owner of, was later advised by the two lawyers, Caroline von Heidenstam and Lena Franstedt Lofalk, to lie under oath in a written witness statement which they issued to the Swedish court, and to the English court in support of their strikeout application. Jock committed suicide in early January 2019.
In an interview with C21Media following Jock Millgårdh's death, NBC's co-chairman of entertainment Paul Telegdy affirmed that "Jock Millgårdh pitched Minute To Win It to NBC" in 2009, and also stated that Jock Millgårdh "was the heart of the concept". his statements are in direct contradiction with Jock Millgårdh's written witness statement under to the Swedish and English courts. They confirm that Jock Millgårdh perjured himself.
Jock Millgårdh, Mattais Olsson, and Estelle Bodén were all Executive Producers on NBC's Minute To Win It in 2010.
Based on the facts and concessions in Endemol Shine UK lawyer Caroline Kean's letter of 7 February 2019, as well as statements by NBC's official with regard to Jock Millgårdh, there is clear evidence that serious fraud has been committed against Derek Banner and BUMP. Jock Millgårdh and Friday TV acknowledged BUMP's rights to Minute To Win It and their legal counsel drafted agreement files, therefore there should be no dispute or court litigation, and Friday TV, Metronome, Endemol Shine, and NBCUniversal should pay royalties for exploiting Derek Banner's work as they did pay royalties for exploiting Swedish choir leader Caroline at Ugglas' verbal idea.
Derek Banner and BUMP have sent invoices with request for payment of royalties and are seeking damages.