In a letter of 7 February 2019 Caroline Kean, UK lawyer of Endemol Shine Group that owns Scandinavian Metronome Group and Swedsih format company Friday TV, confessed that Friday TV's Legal Counsel Eva-Lotta Almkvist, and Friday TV's lawyers at Swedish law firm Foretagsjuridik Nord Och Co Ab, downloaded from BUMP's website files with contents which "Legal Counsel preserved for use in evidence".
BUMP discovered in September 2011 evidence of two internet links which stemmed directly from Friday TV and Metronome's server and which showed that the files and contents downloaded from BUMP's website were used by Friday TV's Legal Counsel and their lawyers as "documentation" in two agreement files which they created between BUMP and Friday TV on the gameshow "Minute To Win It", a world success gameshow which BUMP pitched and proposed to Friday TV in 2005 and which in 2009 Friday TV sold to NBC in the United States. The agreement files between BUMP and Friday TV were created in Swedish language, below are evidence of the two links BUMP discovered from Friday TV and Metronome's server:
The discovered evidence clearly show that Metronome, Friday TV, their lawyers and Legal Counsel acknowledged that BUMP is the rights owner of "Minute To Win It". Therefore, by urging their clients Friday TV, Metronome, and Endemol Shine Group to hide the drafted agreement files and to start a dispute to push BUMP to file a court claim so they could obtain a court decision in their clients' favor and so they could later declare no wrongdoing, their lawyers, Caroline von Heidenstam and Lena Franstedt Lofalk, who are currently working as partners at Stockholm based law firm Kanter Advokatbyrå, deliberately chose not only to commit intellectual property theft and fraud against BUMP for over $20 million in unpaid royalties, they also abused of their clients' dominant and influential market position and of the court process. Their actions triggered an internal conflict within the Metronome Group and consequently Friday TV's Legal Counsel and all three Friday TV's founders resigned in protest. One of Friday TV's co-founders whom the two lawyers urged to lie under oath in court to cover up their fraud committed suicide in January 2019.
Lawyers Caroline von Heidenstam and Lena Franstedt Lofalk were well aware that there should be no dispute or court claim, and by hiding agreement files to force the matter in court they willfully abused of the court process.
In Denmark, their colleague Kasper Frahm, Metronome's lawyer at Danish law firm Plesner, lied under oath during a court session in Danish City Court on 23 March 2015 and explained that the discovered agreement files evidence had been created by an "IT employee" of Metronome (an "IT man," he said). However, in an email to BUMP's founder on 22 December 2014, Mr Frahm requested for "a settlement proposal" which he informed he would discuss with his client Metronome, and once during a telephone court hearing he asked BUMP´s founder "How much do you want?" in the presence of Danish judge Claus Forum Petersen and TV3 Denmark's lawyer Karen Rønde.
Mr Frahm's false statements to the judge in Copenhagen city court constitutes perjury, it indicates a deliberate intent to mislead and to deceive the court in order to obtain a court judgement in favor of his client, Metronome. It is yet another proof of their orchestrated efforts to defraud and to deceive BUMP in order for their clients Metronome and Friday TV to avoid to pay royalties for their exploitation of BUMP's successful TV formats "Minute To Win It" and "Luxury Trap". This conduct is unacceptable and should never be condoned by any court of law. Giving false information in court is a crime described in sections 158-160 of the Danish Criminal Code.
NEW EVIDENCE IN THE CASE
In London, Endemol Shine Group's lawyer Caroline Kean repeated the same fraud scheme as her two Swedish colleagues. She alleged in her letter of 7 February 2019 that the downloaded files with contents from BUMP's website were put in court proceedings in London and in Sweden, though no evidence of any court document can support her allegation. She has not replied to any of the several requests BUMP sent to her to provide her alleged evidence which her clients supposedly put in the court proceedings in London. Her false allegation is even more confirmation that the agreement documents are being expressly withheld in order to commit fraud against BUMP, and the new revelation in her letter of 7 February 2019 constitutes new evidence in the case and confirm that BUMP created and has been using the trademarks "Minute Winne", "Minute To Win It", as well as the catchphrase " You got one minute to win it!". This evidence should suffice to annul and set aside all judgements rendered in the case, as it serves as proof that the judgements were obtained by fraud and concealment of key documents by Friday TV and Endemol Shine.
PAID ROYALTIES FOR A VERBAL IDEA WITHOUT DISPUTE
Swedish Choir Leader Caroline Af Ugglas was paid royalties and profit share by Friday TV for her verbal idea of the TV show "Clash Of The Choirs", "Körslaget" in Swedish, a format which in 2007 Friday TV sold to NBC in the United States. The TV show was later distributed in seventeen territories. Estelle Bodén, Friday TV's CEO and co-founder, declared in 2008 in an interview in the Swedish press: "She came with the idea and she gets a percentage of profits." Caroline Af Ugglas, who rightfully has published on her website (http://carolineafugglas.se/biografi/) that she is the rights owner of "Clash Of The Choirs" was never victim of such high crime and royalty fraud which Friday TV and their two lawyers have put BUMP through for its gameshow "Minute To Win It", which has been adapted in seventy territories and was awarded the title of world's most sold gameshow two years in a row in 2011 and 2012. Also game versions such Nintendo Minute To Win It, Kinect, XBox, Wii, and Boardgame have been made and sold online based on the TV gameshow concept.
Besides defrauding BUMP of royalties for Minute To Win It, the two lawyers also urged their clients to commit fraud with regard to "Luxury Trap", "Lyxfällan" in Swedish, which BUMP submitted to the Metronome Group and to TV3 VIASAT since 2006 and which they have exploited since and are still exploiting for now more than twenty-five seasons without license or payment of royalties to BUMP. The two lawyers produced forged evidence in court and have registered without permission BUMP's used trademarks Luxury Trap and Minute To Win It in their clients' names.
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 gameshow concept which in November 2005 he pitched to Jock MIllgårdh and Mattias Olsson, both co-founders of Metronome and Endemol Shine owned Swedish format company Friday TV. 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, and in the same email Derek Banner included a copy of the four page "Minute Winner" format pitch.
Between 2005 - 2007 Friday TV and Derek Banner's company BUMP established a working relationship 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. They signed an agreement on one of the formats "Celebrity Birthday", which Friday TV was to further develop to a full format and sell to third parties worldwide.
In an email to Friday TV's Jock Millgårdh in 2007 Derek Banner sent 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. The same year in 2007 Jock Millgårdh and Mattias Olsson developed "Minute To Win It" using Derek Banner's gameshow proposal "Minute Winner - Minute To Win It" and details from its derivative version "Read Your Fortune", making what's called an "hybrid". They then made an animated promo video and in 2009 they pitched the gameshow concept to NBC. In 2010 NBC aired "Minute To Win It" and 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 September 2011 Derek Banner sent an email to Jock Millgårdh and Friday TV's CEO/co-founder Estelle Bodén and inquired about "Minute To Win It". After a number of email exchange Estelle Bodén informed that Metronome's Legal Counsel Eva-Lotta Almkvist will contact Derek Banner. 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 of the two agreement files:
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 on 7 February 2019, Caroline Kean, Endemol Shine's lawyer in London, affirmed that Friday TV's legal counsel downloaded files from BUMP's website which she preserved for use as evidence. The two downloaded files were entitled with the trademark and catchphrase "MINUTE WINER - You got one minute to win it!" and "MINUTE WINNER - MINUTE TO WIN IT - You got one minute to win it!"! and as it is shown in the aforementioned agreement files evidence which Derek Banner discovered from Friday TV and Metronome's servers, Friday TV's legal counsel used the two downloaded files as documentation / evidence in the agreement files which she drafted with BUMP and Friday TV.
Despite their acknowledgement of BUMP's rights, however, Friday TV's Swedish lawyers Lena Franstedt Lofalk and Caroline von Heidenstam advised Friday TV, Metronome, and Endemol Shine to hide the created agreement files so they would avoid to pay over twenty million dollars in royalties and profit share to BUMP for "Minute To Win It". It is worth mentioning in comparison that Friday TV and Metronome paid royalties and profit share to a Swedish choir leader, Caroline af Ugglas, on the basis of a verbal idea which in 2007 Jock MIlgårdh and Matias Olson developed and sold to NBC. The program "Clash of the choirs" was later distributed in seventeen territories. Swedish Caroline at Ugglas received a share of profits for her verbal idea without dispute from the two Friday TV's lawyers, without court litigation or copyright claim. Therefore there should be no justification or basis for Friday TV's Swedish lawyers Caroline von Heidenstam and Lena Franstedt Lofalk to start a copyright dispute with Derek Banner and BUMP for Derek Banner's proposal to Friday TV of "Minute Winner - Minute To Win It" gameshow. They used copyright as a pretext for starting a legal battle and to force the matter to a court trial in Sweden so they could obtain court judgment in their favor and so Friday TV could avoid to pay royalties. They knew and they abused of the fact that small independant creators such as Derek Banner often do not have the financial means to defend their rights and interests in a court of justice, they deliberately decided to take advantage of an independant minority owned company and defraud Derek Banner and his company of millions of dollars in royalties. Their actions were not a business decision but purely motivated by bias and racial discrimination against Derek Banner.
UNLAWFUL MINUTE TO WIN IT AND LUXURY TRAP TRADEMARK REGISTRATION
Web analytics and evidence of visitors log files show that Friday TV and their lawyers spent several hours during their visit on BUMP's website. They 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, "Foretagsjuridik Nord Och Co Ab", now called Kanter Advokatbyrå Ab, as well as the IP address of Friday TV and Metronome, including their server name "Mutter Media Ab", which is also the name of a Metronome owned company headed by Friday TV and Metronome's Legal Counsel Eva-Lotta Almkvist who drafted the agreement files between Metronome, Friday TV, and BUMP. The log files evidence also show that the two lawyers were fully aware during their visit on BUMP's website that Derek Banner and BUMP created and made use of the titles and trademark Minute To Win It, including the catchphrase "You got one minute to win it", as well as the title and trademark "Luxury Trap"; nonetheless they proceeded in 2011 to file a EU application to register a "Minute To Win It " trademark in Friday TV's name, and in 2014 they applied to register a "Luxury Trap" trademark in Meter Film's name, Friday TV's sister company. And one day after filing the Minute To Win It trademark application they sent a letter to Derek Banner and claimed Friday TV's ownership of the trademark; they stated in the same letter that Derek Banner's "Minute Winner" trademark is "confusingly similar" to Friday TV's used "Minute To Win It" trademark and threatened Derek Banner with a lawsuit. But after being made aware of 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, they never repeated their lawsuit threat.
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 in 2006 to Metronome, Friday TV, and to TV3 VIASAT (Nordic Entertainment Group). Metronome, Friday TV, Endemol Shine, together with TV3 VIASAT Channels in Sweden, Denmark, and Norway have since been exploiting Luxury Trap for now more than twenty-six seasons without license, rights acquisition, or payment of royalties to Derek Banner and BUMP.
The two lawyers have had no prior experience in international TV formats dispute; they ignored all settlement requests made to Derek Banner by their colleague in Denmark, Kasper Frahm, who is partner at Copenhagen based Danish law firm Plesner. They put aside all ethics and professional integrity and threatened in a letter to closely monitor all Derek Banner's activities, meaning they threatened to willingly violate Derek Banne's personal life and to conduct an illegal surveillance of his pivate activities, including online, telephone, email activities, etc. They tried to undermine Derek Banner's work and attempted to tarnish his name and reputation in the Swedish press, calling Derek Banner the Swedish word for "Gold digger", while all along allowing their clients Friday TV and Metronome to steal and profit from Derek Banner's creative work without paying or giving Derek Banner credit for it. Meanwhile Jock Millgårdh and Mattias Olsson of Friday TV were being called format geniuses in the Swedish press.
The three founders of Friday TV, Jock Millgårdh, Mattias Olsson, and Estelle Bodén, with their legal counsel Eva-Lotta Almkvist, resigned from Friday TV and Endemol Shine in September 2011.
Swedish lawyers Caroline von Heidenstam and Lena Franstedt Lofalk later urged Jock Millgårdh, who most certainly was under pressure and facing damages from Endemol Shine and NBCUniversal for selling them an intellectual property of which neither he nor Friday TV were the true owner, to issue a written witness statement to the Swedish court and make false statements in order to cover up their fraud scheme against Derek Banner and BUMP. They used the same false statements in the English court in support of a strikeout application. Jock Millgårdh 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 he added that Jock Millgårdh "was the heart of the concept". Mr Telegdy's statements are in direct contradiction with Jock Millgårdh's false witness statements to the Swedish and English courts and affirm that Jock Millgårdh perjured himself.
Jock Millgårdh, Mattais Olsson, and Estelle Bodén were all Executive Producers of Minute To Win It on NBC in 2010.
BUMP is seeking damages.