On November 13, 2013, the Dutch court ruled in favor of Eyeworks by rejecting Banijay’s claims in relation to potential infringement of their sports event programme TV Total Turmspringen (Stars in Danger) by Eyeworks’ entertainment format Celebrity Splash. The ruling dictates that Celebrity Splash does not infringe upon Banijay’s rights.

The court confirmed that while both programmes are based on one theme – celebrities diving – the ”elaboration and design” of this idea are ”very different” in both programmes. Based on current EU legislation, the judgment applies to the Netherlands, where the case was presented, and extends across the European Union.

The court also confirmed that Banijay’s new show, Stars in Danger: High Diving, is a different format from TV Total Turmspringen.

Jeff Goldman, MD Eyeworks Distribution: ”From our perspective, it was always clear that not only was Celebrity Splash an original, unique entertainment format but that in turn Banijay simply capitalised on our success by copying the overall look & feel, as well as several key elements, of our format. Up until Celebrity Splash’s instantaneous success, Banijay had failed to license their diving sports event programme TV Total Turmspringen anywhere for eight years. As a result of our success, Banijay modified their event sports diving element into a “new show” – known as Stars in Danger: High Diving with striking similarities to Eyeworks’ original format. Banijay created confusion in the market place as well as sold this “new show” into several territories resulting in their profiting on Eyeworks’ success while at the same time undermining Eyeworks’ ability to fully exploit Celebrity Splash in those same territories.”

Eyeworks will now consider pursuing further legal action against Banijay for damages associated with their actions.

Karoline Spodsberg, Managing Director, Banijay International, said:

“The Dutch court acknowledged that it was the same idea and that there were clearly more similarities than differences between Celebrity Splash and our original format Stars in Danger: The High Dive, but decided that Eyeworks did not breach Dutch law. It is clearly a disappointment. After all, Eyeworks had the opportunity to buy our format and adapt it in the Netherlands, but chose to do otherwise.

Stars in Danger: The High Dive is a unique concept that was created by Brainpool in 2004 and has been a continuous success then for Pro7 in Germany. We can therefore offer a bible and production consultancy that is second to none. The strength of the format has been illustrated by sales in more than a dozen territories, with Jiangsu Satellite TV’s local version for China recently nominated for an Asian Television Award for Best Adaptation of an Existing Format. 

We now have several legal options open to us and we are currently exploring them. In the meantime, Banijay International will be concentrating on doing our job and securing further licence deals for Stars in Danger: The High Dive. We will introduce the show to new territories in 2014.”