A group of Vancouver-area residents and one business are suing Food Network Canada Inc., Cineflix Media Inc./Media Cineflix Inc., 4512812 Canada Inc. and Glen Salzman for allegedly misappropriating the concept behind a television program, which is currently airing on the Food Network.
Andrew Henni, Jennifer Butcher, Raphael Cohen, Stephen Carney and John Pearl Enterprises Ltd. are seeking a permanent injunction preventing the defendants from using the concept that they allege was their own.
The plaintiffs are also seeking an accounting of profits from the production and use of the Food Factory show and an order compelling the defendants to pay these profits to the plaintiffs.
The plaintiffs submitted a concept for a program entitled “Food Factories” to the network in April 2011, in response to a request for submission of show ideas. The program was rejected on the basis of “not being appropriate for prime-time programming.”
Subsequent to this rejection, the network commissioned a program the plaintiffs claim had a “virtually identical concept,” which it named “Food Factory.” This show began airing in August 2012 and, as of press time, continues to appear on the network.
In the initial request for show idea submissions, the Food Network stated:
“It is possible that one proposal may resemble, in whole or in part, another proposal originating from another source. Anyone submitting a proposal to FOOD NETWORK assumes this risk, and may not hold FOOD NETWORK accountable if it chooses to proceed with another proposal that is in any way similar.”
As of press time, no response had been filed.
None of the allegations has been proven in court. It’s time that everyone in this province looked north.
