[EXHIBIT 99.1]
ROBERT S. RIFKIND
DAVID J. STONE
CRAVATH, SWAINE & MOORE
WORLDWIDE PLAZA
825 EIGHTH AVENUE
NEW YORK, NY 10019-7475
(212) 474-1000
ARTHUR N. GREENBERG (State Bar No. 023756)
MICHAEL A. GREENE (State Bar No. 047931)
GREENBERG GLUSKER FIELDS
CLAMAN & MACHTINGER LLP
1900 Avenue of the Stars
Suite 1200
Los Angeles, California 90067-4590
(310) 553-3610
Attorneys for King World Productions,
Inc.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES
KING WORLD PRODUCTIONS, INC.,
Plaintiff,
CASE NO. BC168059
v. COMPLAINT FOR
DECLARATORY RELIEF
CALIFON PRODUCTIONS, INC., JEOPARDY
PRODUCTIONS, INC., AND DOES 1
THROUGH 10, INCLUSIVE,
Defendants.
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Plaintiff King World Productions, Inc. ("King World")
alleges as follows:
1. King World is a corporation transacting business in
this state.
2. Defendants Califon Productions, Inc. ("Califon") and
Jeopardy Productions, Inc. ("Jeopardy") are corporations
transacting business in this state.
3. The true names and capacities of defendants named
herein as Does 1 through 10 are unknown to plaintiff, who
therefore sues said defendants by such fictitious names.
Plaintiff will ask leave of this court to amend this complaint
to show their true names and capacities when the same have
been ascertained. Plaintiff is informed and believes, and
thereon alleges, that Does 1 through 10 claim an interest in
the Agreements hereinafter referred to and are aligned with
Califon and Jeopardy with respect to their interpretation of
said Agreements.
4. On or about December 15, 1982, King World and
Califon entered into an agreement (the "WOF Agreement")
through which King World acquired certain rights with respect
to the television game show "Wheel of Fortune." A true and
correct copy of the WOF Agreement and amendments thereto is
attached hereto as Exhibit A and by this reference
incorporated herein.
5. On or about November 1, 1983, King World and Califon
entered into another agreement (the "Jeopardy Agreement")
through which King World acquired certain rights with respect
to the television game show "Jeopardy!." A true and correct
copy of the Jeopardy Agreement and amendments thereto is
attached hereto as Exhibit B and by this reference
incorporated herein. Califon subsequently assigned its rights
and delegated its obligations under the Jeopardy Agreement to
its affiliate Jeopardy. The WOF Agreement and the Jeopardy
Agreement are referred to collectively herein as the
"Distribution Agreements."
6. Under the Distribution Agreements, King World is
authorized to distribute "Wheel of Fortune" and "Jeopardy!"
(collectively, the "Programs").
7. Each of the Distribution Agreements provides in
paragraph 21 that ". . . [King World] is engaged in the
business of distributing television programs and that nothing
herein contained shall be deemed to restrict or limit in any
way [King World's] right to produce or distribute other
television programs except that during the term [King World]
shall not distribute any other strip game show for first run
syndication."
8. King World has informed defendants that it intends
to produce or license others to produce another strip game
show for distribution in first-run syndication by others.
Defendants have responded that they believe any such
production or licensing would constitute a breach of the
Distribution Agreements.
9. An actual controversy has arisen and now exists
between King World on the one hand and defendants on the other
for which no adequate remedy at law exists in that King World
contends that the Distribution Agreements do not restrict or
limit in any way King World's right to produce or license
others to produce any other television programs, including
strip game shows for distribution in first-run syndication,
whereas defendants contend that any such production or
licensing by King World is prohibited by and would be a breach
of the Distribution Agreements.
10. A judicial declaration of the Parties' rights and
obligations under the Distribution Agreements and, in
particular, that nothing contained in the distribution
Agreements restricts or limits in any way King World's right
to produce or license others to produce any other television
programs, including strip game shows for distribution in
first-run syndication by others, and that doing so is not a
breach of said Agreements is necessary.
WHEREFORE, plaintiff prays Judgment as follows:
1. For a declaration of the parties' rights and
obligations under the Distribution Agreements, and, in
particular, that nothing contained in the Distribution
Agreements restricts or limits in any way King World's right
to produce or license others to produce any other television
programs, including strip game shows for distribution in
first-run syndication by others, and that doing so is not a
breach of said Agreements;
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2. For plaintiff's costs of suit incurred herein; and
3. For such other and further relief as the Court deems
just and proper.
DATED: March 24, 1997
CRAVATH, SWAINE & MOORE,
GREENBERG GLUSKER FIELDS
CLAMAN & MACHTINGER LLP
By
/s/ ARTHUR N. GREENBERG
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Arthur N. Greenberg
Attorney for King World
Productions, Inc.