27 August 2019
REQUEST FOR EVIDENCE AND ROYALTY PAYMENT
ENDEMOL SHINE, METRONOME, FRIDAY TV
In a letter of 7 February 2019, Endemol Shine's lawyer CAROLINE KEAN, law firm Wiggin LLP in London, has revealed that ENDEMOL SHINE GROUP and its subsidiary FRIDAY TV AB in Sweden are withholding evidentiary documents which could have been used in the case Endemol Shine vs BANNER UNIVERSAL MOTION PICTURES LIMITED, BUMP, in London High court in 2016, and in essence lawyer Caroline Kean's letter also has revealed that the summary judgement of 19 October 2017 rendered by London court was obtained by fraud and concealment.
BUMP is owed more than twenty-million US dollars in unpaid royalties by Endemol Shine, and Endemol Shine's Scandinavian companies continue to exploit BUMP's work without license.
In her letter to BUMP's founder and CEO DEREK BANNER lawyer Caroline Kean informed that Legal counsel of METRONOME (ENDEMOL SHINE NORDIC) and FRIDAY TV in Sweden, EVA-LOTTA ALMKVIST, downloaded files with contents from BUMP's website which she preserved, allegedly, for use as evidence in the dispute between Friday TV and BUMP concerning NBC's 2010 gameshow "MINUTE TO WIN IT".
Lawyer Caroline Kean also claimed in her letter that the alleged "preserved evidence of contents from BUMP's website" were put in court proceedings in Sweden and England by Endemol Shine and Friday TV. But there is no evidence or court document that supports lawyer Caroline Kean's claim, neither in the decision rendered by the Swedish district court in Stockholm in March 2014, nor in the London court decision of October 2017.
The false claim by lawyer Caroline Kean is proof that the courts in Sweden and England have been misled, and court decisions were obtained by fraud and concealment of evidentiary documents by the lawyers of Friday TV and Endemol Shine.
Despite multiple requests by BUMP, lawyer Caroline Kean and Endemol Shine have not provided the alleged evidence.
BUMP has discovered evidence of two Internet Links from Endemol Shine's server in Stockholm which show that the files and contents from BUMP's website which lawyer Caroline Kean has referred to in her letter were downloaded by Legal counsel Almkvist NOT "for use as evidence in court proceedings", but to be used as "Documentation" in the two agreement files which Legal counsel Almkvist created between Metronome, Friday TV, and BUMP on NBC and Friday TV's gameshow "Minute To Win It" and on BUMP's gameshow concept "MINUTE WINNER" which BUMP pitched and submitted to Friday TV in November 2005.
When the uncovered links to the agreement files were shown to the legal team of Endemol Shine and Friday TV, Legal counsel Almkvist immediately confessed, in her own words, that the two links came from Friday TV and Metronome's server. "You broke into our server!" she said. The server name was "MUTTER MEDIA AB", which is also the name of Metronome owned company headed by Legal counsel Almkvist.
The two links are described below and show the two agreement files created by Legal counsel Almkvist in Swedish language:
file:///w:// metronome / Avtal / Avtalsunderlag / Friday TV Ab / MINUTE WINNER - You got one minute to win it!
file:///w:// metronome / Avtal / Avtalsunderlag / BUMP / MINUTE WINNER - MINUTE TO WIN IT - You got one minute to win it!
"Avtal" and "Avtalsunderlag" are Swedish words for "Agreement" and "Agreement Documentation".
The two links clearly show evidence of one folder called "metronome", which contains two other folders created by Legal counsel Almkvist called "Agreement" and "Agreement Documentation", and the two "Agreement folders" contain two additional separate folders created by Legal counsel Almkvist called "Friday TV Ab" and "BUMP".
Inside the folder "Friday TV Ab" Legal counsel Almkvist preserved a file she downloaded from BUMP's website called "MINUTE WINNER - You got one minute to win it!", which shows that Legal counsel Almkvist acknowledged the fact that BUMP pitched the title and concept to Friday TV, and Friday TV was acquiring the rights to the "Minute Winner" concept. Thus Legal counsel created here a "RIGHTS ACQUISITION AGREEMENT" file with Metronome and Friday TV Ab.
Inside the folder called "BUMP" Legal counsel Almkvist preserved a second file she downloaded from BUMP's website called "MINUTE WINNER - MINUTE TO WIN IT - You got one minute to win it!", to acknowledge the fact that the gameshow "Minute To Win It" was based on BUMP's gameshow proposal "Minute Winner", and Legal counsel Almkvist thus created here a "ROYALTY AGREEMENT" file with BUMP.
There is no dispute that the contents which Legal counsel Almkvist downloaded from BUMP's website have the same title as used by Friday TV and NBC for the gameshow "Minute To Win It", and there is no doubt that the two links BUMP discovered from the server that belongs to Metronome and Friday TV represent agreement files.
Lawyer Caroline Kean provided absolutely no evidence that would indicate that the two files created by Legal counsel simply are "evidence of preserved contents from BUMP's website", as she falsely has claimed in her letter. Legal counsel Almkvist could simply have created one single folder and call it "Evidence" in which she could preserve all the files she downloaded from BUMP's website, but she did not do that, because her intention was to create agreement files in order to resolve the matter between Friday TV and BUMP, not to preserve evidence from BUMP's website.
BUMP and Friday TV had a working relationship between 2005 - 2007 during which BUMP pitched a number of TV format proposals to Friday TV's co-founder JOCK MILLGÅRDH, including the gameshow concept "Minute Winner - You got one minute to win it!". An agreement was signed in 2006 on one of the formats, "CELEBRITY BIRTHDAY", which Friday TV was to further develop and sell to third parties worldwide. In 2009 Friday TV pitched and sold "Minute To Win It" to NBC who aired the gameshow the first time in March 2010. Minute To Win It quickly became a successful franchise for NBC and Endemol Shine and was adapted in seventy territories. It was awarded the title of world's most sold gameshow in 2011 and 2012. Both Jock Millgårdh and his Friday TV co-founder MATTIAS OLSSON to whom BUMP pitched the "Minute Winner" concept in 2005 were Executive Producers on NBC's "Minute To Win It". BUMP was given no credit for creating the gameshow concept, nor paid royalties.
After consulting with Legal counsel Almkvist, the three Friday TV's founders Jock Millgårdh, Mattias Olsson, and CEO / co-founder ESTELLE BODEN decided they should resolve the matter with BUMP. Legal counsel Almkvist then proceeded to create the two agreement files and she used contents she downloaded from BUMP's website as documentation in the agreement files. She also included Internet links to the contents she downloaded from BUMP's website as reference or source for the "Agreement Documentation".
The legal team of NBC Universal in Los Angeles and of Shine TV Limited in London also confirmed by email to BUMP that the matter was being resolved by Metronome and Friday TV.
In order to prevent Friday TV and Metronome from resolving the matter with BUMP, however, the two Swedish lawyers who were in charge of the matter and who were advising Metronome and Friday TV, CAROLINE von HEIDENSTAM and LENA FRANSTEDT LOFALK, law firm KANTER in Stockholm (previously Nord & Co Ab), decided to conceal the agreement files created by Legal counsel Almkvist. They started an abusive legal dispute instead and argued that no copyright subsists in the pitch document "Minute Winner" that BUMP submitted to Friday TV, and that the contents of the submitted material did not constitute trade secret in accordance with the Swedish Trade Secret Act. Though in one of their letters they directly acknowledged and stated that BUMP's title "Minute Winner" and their client Friday TV's used title "Minute To Win It" were "confusingly similar" trademarks. They threatened with a lawsuit citing that BUMP was infringing Friday TV's trademark's rights. BUMP responded with a reminder that it created and used its trademark since 2003 and since 2005 in direct contact with their client Friday TV, and therefore Friday TV was the one infringing BUMP's trademark's rights. They never followed through with their lawsuit threats.
The two Swedish lawyers never disputed copyright nor hid agreement files when Friday TV and Metronome paid royalties and profit share to Swedish choir leader CAROLINE af UGGLAS on the basis of a verbal idea of NBC's choir competition show "CLASH OF THE CHOIRS" (Korslaget in Sweden), which Friday TV's co-founders Jock Millgårdh and Mattias Olsson developed and sold to NBC in 2008. Choir leader Caroline af Ugglas was given credit for her verbal idea and was remunerated without discussion or legal battle.
Legal counsel Almkvist and all three Friday TV's founders Jock Millgårdh, Mattias Olsson, and Estelle Bodén resigned from Endemol Shine in 2011, certainly in protest against the decision taken by their two Swedish lawyers to hide the agreement files and not to resolve the matter with BUMP.
In 2012 the two Swedish lawyers then advised Jock Millgårdh to issue a written witness statement to the Swedish district court in Stockholm and to make false statements, and Jock Millgårdh repeated the same thing in the English court in London in 2016. Jock Millgårdh was most certainly acting under pressure and fearing repercussion, and possible damages, from Endemol Shine and NBCUniversal, for he and Friday TV never were the owner or creator of the Minute To Win It gameshow concept that he pitched and sold to NBC in 2009.
Jock Millgårdh committed suicide on 5 January 2019.
In an interview on 10 January 2019 with C21Media, following Jock Millgårdh's death, PAUL TELEGDY, co-chairman at NBC Entertainment who worked with Jock Millgårdh on the NBC version of Minute To Win It, confirmed that "Jock Millgårdh pitched Minute To Win It to NBC in 2009", and "Jock was the heart of the concept," he stated.
Besides hiding the agreement files to prevent Jock Millgårdh and Legal counsel Almkvist from resolving the matter with BUMP, the two Swedish lawyers Caroline von Heidenstam and Lena Franstedt Lofalk also produced forged documents in Swedish district court on LUXURY TRAP, another successful TV format BUMP pitched and submitted in 2006 to TV3 VIASAT of MODERN TIMES GROUP (now NORDIC ENTERTAINMENT GROUP) and to Metronome, and discussed with Friday TV's Jock Millgårdh. Metronome and TV3 then decided to exploit the format without permission from BUMP. Luxury Trap, "LYXFALLÄN" in Sweden, is aired by TV3 in Sweden, Denmark, and Norway, produced by Metronome owned companies in the three Scandinavian countries. The financial makeover TV show is now a Scandinavian classic, currently aired for Twenty-Seven seasons without license and without royalties to its creator, BUMP.
In an email directly addressed to BUMP's founder and CEO Derek Banner in December 2014, Friday TV and Metronome's Danish lawyer KASPER FRAHM, law firm PLESNER, made a request for a "concrete settlement offer" from BUMP, but his Swedish colleagues Caroline von Heidenstam and Lena Franstedt Lofalk instructed him not to initiate settlement negotiations.
BUMP is owed more than twenty million dollars in unpaid royalties for Minute To Win It and Luxury Trap and has sent invoices in order to resolve the matter with Endemol Shine, Friday TV, and Metronome. The invoices have not been paid.
BUMP hereby sends an open request to lawyer Caroline Kean and to Endemol Shine, Metronome, and Friday TV to release the files created by Legal counsel Eva-Lotta Almkvist, as confirmed in lawyer Caroline Kean's letter of 7 February 2019, and to pay royalties for Minute To Win It and Luxury Trap.
For more information please contact
BUMP, Banner Universal Motion Pictures.
Direct phone in Denmark +45 - 20 90 43 43.