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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION JOHN HARRIS MASTERSON,

Plaintiff, v. LISA JENKINS, AND DREAMFLY PRODUCTIONS, L.L.C.,

Civil Action No. _____________________

Defendants.

COMPLAINT Plaintiff John Harris Masterson files this Complaint against Defendants Lisa Jenkins and Dreamfly Productions, L.L.C. and respectfully shows this Court as follows: 1. In 2005, Plaintiff Masterson created and developed a reality-based television

series called The Starting Pointe. This television series follows the lives of dancers, producers, and artistic directors in the Texas Ballet Theater and showcases the efforts required to prepare and produce a ballet production. In 2010, Defendants Lisa Jenkins and Dreamfly Productions began assisting Plaintiff in the pre-production activities for the show as co-producers. After leaving The Starting Pointe, Jenkins and Dreamfly Productions agreed to assign all of their rights in the show to Masterson, and further agreed to provide all copies of any footage, film, editing, work product, scripts, and other documents relating to the show to Masterson. Defendants, however, failed to return these documents to Plaintiff, and shortly thereafter, began producing an extremely similar, if not identical, reality-based ballet series named En Pointe, using the trade secret and confidential information that they acquired due to their relationship with Plaintiff. Plaintiff has demanded that Defendants cease the production of En Pointe and refrain from using Plaintiffs confidential and trade secret information in violation of the parties agreement. Nevertheless, Defendants continue to produce and market En Pointe using Plaintiffs trade secrets and confidential information, in direct violation of Plaintiffs copyright rights and the
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agreement between the parties. Defendants unauthorized copying and use of Plaintiffs trade secrets has and will continue to harm Plaintiff by hindering his ability to obtain a network contract for his original television series, The Starting Pointe.

THE PARTIES 2. Plaintiff John Harris Masterson (Plaintiff or Masterson) is a producer of

television shows and movies. Mr. Masterson is a citizen of the State of Texas. 3. Defendant Lisa Jenkins (Jenkins) is a Texas resident who may be served with

process at 3300 Dartmouth Avenue, Dallas Texas 75205, or at 3107 Cole Avenue, Dallas Texas 75204. 4. Defendant Dreamfly Productions, L.L.C. (Dreamfly Productions) is a Texas

limited liability company organized and existing under the laws of the State of Texas. Defendant Dreamfly Productions has its principal place of business in the State of Texas at 3107 Cole Avenue, Dallas, Texas 75204, and may be served with process by serving its registered agent, Lisa Jenkins, at 3131 McKinney Ave, Ste. 215, Dallas, Texas 75204.

JURISDICTION AND VENUE 5. This is an action for copyright infringement under the Copyright Act of 1976, as

amended 17 U.S.C. 101 et seq., and for trade secret misappropriation, and breach of contract. This Court has jurisdiction of this action pursuant to 28 U.S.C. 1331 and 1338. 6. This Court has supplemental jurisdiction over Plaintiffs claims of trade secret

misappropriation and breach of contract asserted against Defendants, pursuant to 28 U.S.C. 1367(a), because these claims are so related to Plaintiffs copyright infringement claim that they form part of the same case or controversy under Article III of the United States Constitution. 7. Venue is proper under 28 U.S.C. 1391(b) and/or 1400(a) because Defendants

reside in this district, and because a substantial part of the events or omissions giving rise to the claims herein occurred in this district.
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FACTUAL BACKGROUND 8. In 2005, Plaintiff Masterson created and developed an original reality-based

television series called The Starting Pointe. This series follows those involved with the Texas Ballet Theater and showcases the lives of the companys dancers, choreographers, directors, and the staff through their rehearsal process and the performance of a ballet production. This realitybased television series constitutes copyrightable subject matter under the laws of the United States. 9. Plaintiff registered The Starting Pointe series with the Writers Guild of America,

West, Inc. in November 2006. Plaintiff also complied in all respects with the U.S. Copyright Act, 17 U.S.C. 101 et seq., and all other laws involving copyright, with regard to The Starting Pointe. Specifically, in 2009, Plaintiff applied for and obtained a copyright registration on The Starting Pointe. The Certificate of Registration affirms that Plaintiff is the owner and claimant of U.S. Copyright Reg. No. TXu001627772 for The Starting Pointe, and this registration is dated effective March 3, 2009 (hereinafter referred to as the Copyrighted Work). Since the date of the Copyrighted Works creation, Plaintiff has been the sole proprietor of all legal rights, title and interest in and to the copyright on The Starting Pointe. Plaintiff has not licensed or

authorized any third party to reproduce, create derivative works based on, distribute unauthorized copies of, or publicly display the Copyrighted Work. 10. In August of 2010, Plaintiff was introduced to Lisa Jenkins of Dreamfly

Productions. Dreamfly Productions is a film/video production company based in Dallas, Texas. Plaintiff began working with Defendant Jenkins to produce a television series entitled Speed Shift. Early on in their relationship, Plaintiff told Jenkins about The Starting Pointe and Jenkins expressed an interest in working on the production of this project. In September 2010, Plaintiff hired Jenkins and Dreamfly Productions to assist with the production of The Starting Pointe. 11. During the pre-production work, Jenkins and Dreamfly Productions had access to

all confidential materials relating to The Starting Pointe, including scripts, dancer and artistic staff interviews, production notes, market data, presentation decks for the networks, and
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advertising research. Jenkins also attended and participated in meetings with the Texas Ballet Theater, assisted with development of the production budget, and learned the crew, equipment, and logistical requirements for producing The Starting Pointe, all of which are kept confidential and protected by Masterson as trade secrets. As co-producer, Jenkins and Jenkins employer Dreamfly Productions, had a duty to maintain the secrecy of Mastersons trade secrets, and not to disclose them to others. 12. After several months of pre-production work, Mastersons and Jenkins

relationship deteriorated. In February 2011, Masterson terminated his relationship with Jenkins and Dreamfly Productions, advising Defendants that he would no longer be in need of their production services. 13. Following Defendants termination, on or about March 3, 2011, counsel for

Dreamfly Productions contacted Masterson to demand payment of expenses allegedly incurred during the production of The Starting Pointe. After negotiations between counsel, in April of 2011, Masterson, Jenkins, and Dreamfly Productions settled their fee dispute and the parties signed a Settlement and Complete Mutual Release Agreement and Assignment (Agreement). Defendant Jenkins signed this Agreement individually and on behalf of Dreamfly Productions as CEO. Under this Agreement, Jenkins and Dreamfly Productions assigned any and all rights in The Starting Pointe and Speed Shift to Masterson and further agreed to return all work product for both series, including but not limited to footage, film, editing, scripts, files, and electronic images to Masterson within ten days of the signing of the Agreement. Nothing was returned relating to The Starting Pointe. 14. On July 15, 2011, just three months after the signing of the Agreement, Jenkins

and Dreamfly Productions issued a press release announcing the creation of a new reality series featuring the Miami City Ballet entitled En Pointe (hereinafter referred to as the Infringing Work or En Pointe). The press release for En Pointe described the series as a never-beforeseen true story of mesmerizing performance artists and dancers that will entertain all audiences and purports to tell the real story of what goes on behind the curtain in connection with a ballet production. Based on this press release, and on information and belief, it is clear that this new
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show has the same format, same subjects, similar film footage, same perspective and same recurring themes as The Starting Pointe, in violation of Plaintiffs copyright. Furthermore, upon information and belief, Defendants have used Plaintiffs trade secrets to develop and market En Pointe in breach of the confidential relationship between Plaintiff and Defendants. 15. During the pre-production work, Jenkins and Dreamfly Productions had access to

various confidential materials relating to The Starting Pointe, including scripts, dancer and artistic staff interviews, production notes, market data, presentation decks for the networks, and advertising research. Jenkins also attended and participated in meetings with the Texas Ballet Theater, assisted with development of the production budget, and learned the crew, equipment, and logistical requirements for producing The Starting Pointe, all of which are kept confidential and protected by Masterson as trade secrets. As co-producer, Jenkins and Jenkins employer Dreamfly Productions, had a duty to maintain the secrecy of Mastersons trade secrets, and not to disclose them to others. 16. Immediately thereafter, in August 2011, Plaintiff hired counsel and demanded that

Defendants immediately cease and desist from any production, marketing, the issuance of any public statements, or involvement in the production of the television series En Pointe. Defendants responded by claiming that the series was the brainchild of Laura Wright, and counsel for Jenkins advised there was no ongoing business relationship with Defendants with regard to the production of En Pointe. 17. Plaintiff has recently learned that this is false. Defendants, willfully and with full

knowledge of the copyright infringement, have continued to infringe Plaintiffs Copyrighted Work by continuing to produce and develop En Pointe. Defendants have used and continue to improperly use the confidential and trade secret information that Defendants acquired during the production of The Starting Pointe to produce En Pointe to Plaintiffs injury and in violation of the Agreement.

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FIRST CLAIM FOR RELIEF Copyright Infringement (17 U.S.C. 101 et seq.) (Against All Defendants) 18. Plaintiff refers to and incorporates herein by this reference each and every

allegation in the foregoing paragraphs, as well as those in the paragraphs that follow, as though fully set forth herein. 19. The Starting Pointe series constitutes an original work of authorship fixed in a

tangible medium of expression entitled to protection under the Copyright Act, 17 U.S.C. 101 et seq. 20. In compliance with the Copyright Laws of the United States, Plaintiffs copyright

in the Copyrighted Work was duly registered in the United States Copyright Office in the name of Plaintiff. 21. Plaintiff is the sole owner of all right, title and interest in and to the copyright in

the Copyrighted Work, and Plaintiffs copyright in the Copyrighted Work is valid and subsisting. 22. Defendants had reasonable opportunity to access and copy The Starting Pointe by

virtue of their work with Plaintiff and status as co-producer of The Starting Pointe. 23. After the dates of copyright registration of the Copyrighted Work, Defendants

deliberately, knowingly and willfully copied Plaintiffs Copyrighted Work through the creation of the Infringing Work, En Pointe. 24. The Infringing Work is identical or strikingly similar to Plaintiffs Copyrighted

Work and constitutes an unauthorized copy or derivative work thereof. 25. Plaintiff has notified Defendants on multiple occasions that Defendants have

infringed on Plaintiffs copyright, but Defendants continue to infringe Plaintiffs copyright. 26. Defendants have infringed and continue to infringe on Plaintiffs Copyrighted

Work in violation of 17 U.S.C. 106 and 501(a), by reproducing, manufacturing, distributing, and displaying the Infringing Work, En Pointe. Defendants acts were further done with actual or constructive knowledge of Plaintiffs copyright in the Copyrighted Work and constitute willful and malicious infringement of those rights.
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27.

Plaintiff has been and will continue to be damaged by reason of Defendants

infringement of Plaintiffs copyright, and Plaintiff has sustained and will continue to sustain substantial and irreparable injury and loss, and damages as a result of Defendants infringement of Plaintiffs copyright. 28. By reason of their infringement of Plaintiffs copyright as alleged above,

Defendants are jointly and severally liable to Plaintiff for the actual damages incurred by Plaintiff as a result of Defendants infringement and any additional profits of Defendants attributable to the infringement, or statutory damages pursuant to 17 U.S.C. 504(a)-(c). 29. Additionally, pursuant to 17 U.S.C. 505, Plaintiff is entitled to an award of

attorneys fees and costs as a prevailing party.

SECOND CLAIM FOR RELIEF Trade Secret Misappropriation (Against All Defendants) 30. Plaintiff refers to and incorporates herein by this reference each and every

allegation in the foregoing paragraphs, as well as those in the paragraphs that follow, as though fully set forth herein. 31. Plaintiff is the owner and holder of certain trade secrets and other confidential and

proprietary information, relating to The Starting Pointe, including, but not limited to, scripts, dancer and artistic staff interviews, production notes, market data, presentation decks for the networks, and advertising research, all of which are kept confidential and protected by Plaintiff as trade secrets. 32. Due to Defendants relationship with Plaintiff, Plaintiff entrusted Defendants with

this confidential and trade secret information strictly for purposes of producing The Starting Pointe and only to be used in connection therewith. 33. After the termination of Plaintiff and Defendants relationship, Defendants

continued to use and disclose Plaintiffs confidential and trade secret information for their own commercial advantage, and to the detriment of Plaintiff, through the production and development
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of En Pointe.

On information and belief, Defendants have misappropriated, continue to

misappropriate, and will likely misappropriate in the future Plaintiffs trade secrets and confidential information. 34. As a direct and proximate result of these wrongful acts, Defendants have caused

Plaintiff to suffer damages. 35. Defendants conduct has caused and unless enjoined will continue to cause

Plaintiff irreparably harm and injury for which there exists no adequate remedy at law.

THIRD CLAIM FOR RELIEF Breach of Contract (Against All Defendants) 36. Plaintiff refers to and incorporates herein by this reference each and every

allegation in the foregoing paragraphs, as well as those in the paragraphs that follow, as though fully set forth herein. 37. Plaintiff and Defendants Jenkins and Dreamfly Productions are parties to the

Agreement, which is a valid, binding and enforceable contract. 38. Plaintiff has performed and/or tendered performance of its obligations under the

Agreement. All conditions precedent have been performed or have occurred. 39. Based on information and belief, Defendants have breached the Agreement with

Plaintiff by failing to return to Plaintiff all of the work product for The Starting Pointe within the time requirements stated in the Agreement, and by using such information to produce the television series En Pointe in violation of paragraph 2 of the Agreement. 40. As a direct and proximate result of the breach of the Agreement, Defendants have

caused Plaintiff to suffer damages, including lost profits, impairment of future earning capacity, and loss of trade secrets and confidential information.

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FOURTH CLAIM FOR RELIEF Application for Injunctive Relief (Against All Defendants) 41. Plaintiff refers to and incorporates herein by this reference each and every

allegation in the foregoing paragraphs, as well as those in the paragraphs that follow, as though fully set forth herein. 42. Plaintiff will likely suffer irreparable injury if Defendants are not enjoined while

this suit is pending, from continuing to develop, produce, market, offer, sell, dispose of, license, lease, transfer, display, advertise, reproduce, or manufacture copies of En Pointe and any confidential documents or trade secret information relating to Plaintiffs Copyrighted Work. If Defendants are not enjoined against engaging in these acts during the pendency of the lawsuit, among other things, Plaintiffs ability to obtain a contract with television network will be thwarted and/or will be significantly harmed. 43. Moreover, there is no adequate remedy at law to rectify the actual and prospective

loss to Plaintiff as a result of Defendants continued copyright infringement, and misappropriation of Plaintiffs confidential information and trade secrets because Plaintiff will be unlikely to obtain a contract with a television network if Defendants continue to engage in the aforementioned actions. The recovery of monetary damages alone cannot prevent the further use or disclosure of the confidential information and trade secrets which Defendants have misappropriated or the unlawful infringement of Plaintiffs Copyrighted Work. 44. There is a substantial likelihood that Plaintiff will prevail on the merits of this

case because Defendants infringement of Plaintiffs Copyrighted Work and misappropriation of Plaintiffs trade secrets and confidential information, as described above, are clear violations of their legal obligations for which no reasonable defense can be offered. 45. The harm faced by Plaintiff outweighs the harm that would be sustained by

Defendants if the preliminary injunction were granted because if Defendants are allowed to proceed forward in producing and marketing En Pointe using Plaintiffs Copyrighted Work, this will impair Plaintiffs ability to produce such a television series.
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46.

The public interest favors issuance of the requested injunctive relief and will be

served by the protection of intellectual property rights and trade secret and confidential information. 47. Plaintiff is willing to post a bond in the amount, if any, that the Court deems

reasonably appropriate. 48. Plaintiff asks the Court to include its application for injunctive relief in a full trial

on the merits of this case and, after the trial, to issue a permanent injunction against Defendants, as well as to provide Plaintiff with the other relief he has requested.

FIFTH CLAIM FOR RELIEF Attorneys Fees (Against All Defendants) 49. Plaintiff refers to and incorporates herein by this reference each and every

allegation in the foregoing paragraphs, as well as those in the paragraphs that follow, as though fully set forth herein. 50. As a result of Defendants conduct, Plaintiff retained counsel to prosecute this Defendant is entitled to recover the reasonable and necessary

action against Defendants.

attorneys fees and costs in this action pursuant to United States and Texas law. Specifically, the copyright infringement claim plead herein meets the requirements for an award of attorneys fees and costs under 15 U.S.C. 1117(a), and Plaintiff is entitled to recover such fees and costs. Additionally, Plaintiff is entitled to an award of its attorneys fees and costs pursuant to paragraph 6 of the Agreement between the parties. DEMAND FOR JURY TRIAL Plaintiff hereby demands a jury trial on all issues as to which a jury is available, as provided by Rule 38 of the Federal Rules of Civil Procedure.

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PRAYER FOR RELIEF WHEREFORE, Plaintiff requests that this Court enter judgment in his favor, and against Defendants, and each of them, including orders, as follows: A. B. A judgment that Defendants have infringed Plaintiffs copyright; That Plaintiff recover from Defendants all of Defendants profits or statutory damages from the aforesaid acts of copyright infringement; C. That Plaintiff recover from Defendants three times the amount of Plaintiffs actual damages for copyright infringement; D. That Defendants and their agents, servants, attorneys, employees, any companies owned or controlled by Defendants, and their affiliates, successors and assigns, and all of those in active concert or participation with any of them who receive notice directly or otherwise, be enjoined and restrained, during and after this lawsuit, from: a. Infringing Plaintiffs copyright in any manner or continuing to market, offer, sell, dispose of, license, lease, transfer, display, advertise, reproduce, develop, produce, or manufacture copies of the Plaintiffs Copyrighted Work; and b. Continuing to use and disclose Plaintiffs trade secrets and confidential information relating to The Starting Pointe; E. That Plaintiff be awarded his reasonable attorneys fees and costs incurred in this proceeding; F. That Plaintiff be awarded pre-judgment and post-judgment interest as allowed by law; and G. That the Court grant Plaintiff such other and further relief as Plaintiff may be justly entitled.

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Dated: January 23, 2012.

Respectfully submitted, By: /s/ Aaron Davidson AARON DAVIDSON Texas State Bar No. 24007080 PRISCILLA DUNCKEL Texas State Bar No. 00787403 ELIZABETH K. STANLEY Texas State Bar No. 24060651 [email protected] [email protected] [email protected] 2001 Ross Avenue, Suite 600 Dallas, Texas 75201 Telephone: 214.953.6500 Facsimile: 214.953.6503 ATTORNEYS FOR PLAINTIFF HARRIS MASTERSON

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JS 44 (Rev.

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The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS
John Harris Masterson, Individual

DEFENDANTS
Lisa Jenkins, Individually, and Dreamfly Productions, L.L.C., a Texas Limited Liability Company
County of Residence of First Listed Defendant
NOTE:

(b) County of Residence of First Listed Plaintiff Harris

Dallas

(IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

Aaron Davidson, Priscilla Dunckel, and Elizabeth Stanley, Baker Botts L.L.P., 2001 Ross Avenue, Suite 600, Dallas, TX 75201 214-953-6500

(c) Attorneys (Firm Name, Address, and Telephone Number)

Attorneys (If Known)

II. BASIS OF JURISDICTION

(Place an X in One Box Only)

III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff)

3 Federal Question (U.S. Government Not a Party)

U.S. Government Defendant

4 Diversity (Indicate Citizenship of Parties in Item III)

Citizen of Another State

Citizen or Subject of a Foreign Country

IV. NATURE OF SUIT

(Place an X in One Box Only) TORTS PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury Med. Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education PERSONAL INJURY 365 Personal Injury Product Liability 367 Health Care/ Pharmaceutical Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability PRISONER PETITIONS 510 Motions to Vacate Sentence Habeas Corpus: 530 General 535 Death Penalty 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 560 Civil Detainee Conditions of Confinement

FORFEITURE/PENALTY 625 Drug Related Seizure of Property 21 USC 881 690 Other

BANKRUPTCY 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 PROPERTY RIGHTS 820 Copyrights 830 Patent 840 Trademark

OTHER STATUTES 375 False Claims Act 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes

REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property

LABOR 710 Fair Labor Standards Act 720 Labor/Mgmt. Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Empl. Ret. Inc. Security Act

SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g))

FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRSThird Party 26 USC 7609

IMMIGRATION 462 Naturalization Application 463 Habeas Corpus Alien Detainee (Prisoner Petition) 465 Other Immigration Actions

V. ORIGIN
1 Original Proceeding

(Place an X in One Box Only)

Transferred from 2 Removed from 3 Remanded from 4 Reinstated or 5 another district 6 Multidistrict State Court Appellate Court Reopened Litigation (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

VI. CAUSE OF ACTION Brief description of cause: VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) IF ANY
DATE

28 U.S.C. 1331, 1338

This is an action for copyright infringement, trade secret misappropriation and breach of contract.
CHECK IF THIS IS A CLASS ACTION UNDER F.R.C.P. 23
(See instructions):

DEMAND $

CHECK YES only if demanded in complaint: Yes No JURY DEMAND: DOCKET NUMBER

JUDGE
SIGNATURE OF ATTORNEY OF RECORD

01/23/12
FOR OFFICE USE ONLY RECEIPT # AMOUNT

/s/ Aaron Davidson

APPLYING IFP

JUDGE

MAG. JUDGE