Celador International Ltd. v. Walt Disney Co.

ORDER GRANTING AND DENYING IN PART DEFENDANTS’ MOTION TO DISMISS

ORDER GRANTING AND DENYING IN PART DEFENDANTS’ MOTION TO STRIKE

This matter is before the Court on Defendants’ Motion to Dismiss (docket no. 11) and Motion to Strike (docket no. 10), filed October 20, 2004. The court has read and considered the moving, opposition, and reply documents submitted in connection with this motion. For the reasons and in the manner set forth below, the Court hereby GRANTS AND DENIES IN PART Defendants’ Motion to Dismiss and GRANTS AND DENIES IN PART Defendants’ Motion to Strike.

I. Background

This case arises from a contract between Plaintiffs Celador International, Ltd. (“Celador”) and Paul Smith (“Smith”) and Defendants American Broadcasting Companies, Inc. (“ABC”) and Buena Vista Television (“BVT”). (Comply 6). Plaintiffs are the creators and executive producers of the television game show, “Who Wants to Be a Millionaire” (the “Series”). Plaintiffs allege that after the Series was highly successful in the United Kingdom, they decided to expand its audience to North America. (Compl.M 6, 7). To that end, Plaintiffs entered into a contract in 1998 with ABC and BVT, both subsidiaries of…