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No RICO Violation Seen in Alleged Use of TV Show Idea

By Stan Soocher
October 28, 2010

The U.S. District Court for the Eastern District of New York dismissed a federal Racketeer Influenced and Corrupt Organizations Act (RICO) claim, 18 U.S.C. '1962(c), that alleged the defendants took the basis for their TV program The Great American Road Trip from a TV show idea created by the plaintiffs. 5 Plus 7 Inc. v. British Broadcasting Corp. (BBC), 09-CV-2255 (DLI)(JO). The plaintiffs alleged they submitted their TV show idea through The Travel Channel's idea-solicitation Web site, and that the Travel Channel and Travel employee Patrick Younge then committed a RICO violation in transmitting the plaintiffs' idea to the BBC. But U.S. District Judge Dora L. Irizarry noted: “Plaintiffs have failed to provide any evidence of 'ongoing organization, formal or informal' or any evidence that the individuals of the supposed [RICO] enterprise functioned as 'a continuing unit.' Plaintiffs have also failed to provide any allegations regarding the 'hierarchy, organization, and activities' of this alleged association-in-fact enterprise from which we could fairly conclude that its members functioned as a unit. Therefore, there is no basis to support the allegation that the individuals were 'associated together for a common purpose of engaging in a course of conduct.'”

The U.S. District Court for the Eastern District of New York dismissed a federal Racketeer Influenced and Corrupt Organizations Act (RICO) claim, 18 U.S.C. '1962(c), that alleged the defendants took the basis for their TV program The Great American Road Trip from a TV show idea created by the plaintiffs. 5 Plus 7 Inc. v. British Broadcasting Corp. (BBC), 09-CV-2255 (DLI)(JO). The plaintiffs alleged they submitted their TV show idea through The Travel Channel's idea-solicitation Web site, and that the Travel Channel and Travel employee Patrick Younge then committed a RICO violation in transmitting the plaintiffs' idea to the BBC. But U.S. District Judge Dora L. Irizarry noted: “Plaintiffs have failed to provide any evidence of 'ongoing organization, formal or informal' or any evidence that the individuals of the supposed [RICO] enterprise functioned as 'a continuing unit.' Plaintiffs have also failed to provide any allegations regarding the 'hierarchy, organization, and activities' of this alleged association-in-fact enterprise from which we could fairly conclude that its members functioned as a unit. Therefore, there is no basis to support the allegation that the individuals were 'associated together for a common purpose of engaging in a course of conduct.'”

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