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Infomercial suit alleges dirty dealings.


The people who appear in infomercials wear technicolor sweaters and grins that are whiter than polished tile. Which makes it all the more ironic that behind the scenes, where the cameras aren't running, the infomercial in·fo·mer·cial   also in·for·mer·cial
n.
A relatively long commercial in the format of a television program.



[info(rmation) + (com)mercial.]

Noun 1.
 industry is a legal snakepit.

Infomercial companies exchange lawsuits the way schoolkids swap lunch snacks. Several of the biggest players in the business are suing each other over the patents on abdominal exercise Abdominal exercises are those that affect the abdominal muscles (colloquially known as the stomach muscles). Breakdowns
The abdominal muscles are classified into two parts the rectus abdominus muscle and the obliques.
 machines; meanwhile, the president of the industry's trade association is suing the president-elect over another gadget (1) Slang for any hardware device, typically small. Synonymous with "gizmo."

(2) A mini application that resides on a computer desktop or personal home page, typically found in the Windows environment.
.

But stranger and more vicious is the battle between Mid-Wilshire-based Marketingworks Inc. and Santa Monica Santa Monica (săn`tə mŏn`ĭkə), city (1990 pop. 86,905), Los Angeles co., S Calif., on Santa Monica Bay; inc. 1886. Tourism and retailing are important, and the city has motion-picture, biotechnology, and software industries.  TV production company Barbour/Langley Programs Inc., a feud feud, formalized private warfare, especially between family groups. The blood feud (see vendetta) is characteristic of those societies in which central government either has not arisen or has decayed.  bursting with allegations of fraud, kickbacks, breach of contract and intimidation by armed men.

Marketingworks was founded by Chas Salmore, a former commercial director and production company executive who recognized a niche in 1991 and formed Marketingworks to exploit it. The company's focus is using infomercials to market videotaped episodes of popular TV shows.

According to according to
prep.
1. As stated or indicated by; on the authority of: according to historians.

2. In keeping with: according to instructions.

3.
 materials from the company's P.R. firm, Marketingworks posted sales of $22,000 in its first year of business. Sales hit $595,000 by 1995, and then rocketed to $31 million in 1996.

A big part of that growth was generated by a 1995 joint venture between Marketingworks and Barbour/Langley, which produces the reality-based TV show "Cops" for Fox Television.

"Cops" consists of actual footage shot during police ride-alongs.

The show's camera crews sometimes pick up footage too intense to be aired - even on Fox. Hence the creation of "Cops: Too Hot for TV!," which Marketingworks has been rolling through infomercials and retailers.

"Too Hot" sold a reported 750,000 units, and the case file says the series of "Cops"-related videos has generated $25 million in sales to date.

But the relationship between the two companies soured when Barbour/Langley officials became convinced that they were being cheated by Marketingworks.

According to the Barbour/Langley lawsuit filed in Los Angeles Los Angeles (lôs ăn`jələs, lŏs, ăn`jəlēz'), city (1990 pop. 3,485,398), seat of Los Angeles co., S Calif.; inc. 1850.  Superior Court on Feb. 5, Marketingworks allegedly made secret deals with contractors - such as retail distributors and media buyers - to overcharge the joint venture for expenses, then to pay a percentage of the overcharges back to Marketingworks.

Marketingworks countersued on March 6, claiming among other things that Barbour/Langley slandered Salmore to his business associates and broke its fiduciary duty Noun 1. fiduciary duty - the legal duty of a fiduciary to act in the best interests of the beneficiary
legal duty - acts which the law requires be done or forborne
 to the joint venture.

Further, Salmore filed a deposition claiming that a man armed with a pistol came to his offices and began taking photos in order to intimidate in·tim·i·date  
tr.v. in·tim·i·dat·ed, in·tim·i·dat·ing, in·tim·i·dates
1. To make timid; fill with fear.

2. To coerce or inhibit by or as if by threats.
 him - a man Salmore says is employed as a courier for Barbour/Langley.

Barbour/Langley President Scott Barbour Scott Barbour (born in Pittsburgh, Pennsylvania) is a businessman. He is currently the CEO of Turbine Solutions, an airplane engine company.

Barbour joined the United States Air Force in 1981 and worked as a maintenance mechanic and began taking an interest in aviation.
 conceded that he sent a messenger to the office of Marketingworks to take pictures, because he was informed that Salmore was destroying documents and he wanted photographic evidence. He said he had no knowledge of the courier being armed.

"I think what this case is really about is that my client has made a significant amount of money in net profit participation that Barbour/Langley doesn't want to pay," said attorney Jay Statman, who represents Marketingworks.

Barbour/Langley isn't the only production company unhappy with Marketingworks. Last May, West Hollywood-based Davis/Panzer Productions Inc. filed a suit against the company that contains very similar allegations.

Davis/Panzer produces a syndicated action/adventure TV miles called "Highlander," and hired Marketingworks to advise the company on telemarketing telemarketing, the practice of selling goods or services to customers by means of the telephone or of surveying consumer preferences in telephone conversations.  services for a catalog catalog, descriptive list, on cards or in a book, of the contents of a library. Assurbanipal's library at Nineveh was cataloged on shelves of slate. The first known subject catalog was compiled by Callimachus at the Alexandrian Library in the 3d cent. B.C.  of "Highlander"-based products, including videos.

According to the Superior Court lawsuit, Davis/Panzer ended the relationship after Marketingworks allegedly made secret deals with telemarketing vendors.

Marketingworks allegedly recommended these vendors to Davis Panzer after convincing them to overcharge the production company and pay a percentage of the overcharges back to Marketingworks. That case is scheduled for trial July 2; no trial date has been set yet for the Barbour/Langley case.

Salmore declined to comment on the cases, except to say his company is still going strong despite the loss of its biggest client and its No. 2 executive, former Executive Vice President Darrel Griffin, who, according to documents filed by Marketingworks, is now working for Barbour/Langley.

Barbour said Griffin does not work for him and never has. He called the countersuit coun·ter·sue  
tr.v. coun·ter·sued, coun·ter·su·ing, coun·ter·sues Law
To bring proceedings against (a plaintiff) in direct opposition to a suit brought against onself.
 from Marketingworks a smokescreen.

"(The infomercial industry) is a gang of liars and thieves," Barbour said. "Fifty percent of the business is probably corrupt."

The industry does seem to be unusually litigious litigious adj. referring to a person who constantly brings or prolongs legal actions, particularly when the legal maneuvers are unnecessary or unfounded. Such persons often enjoy legal battles, controversy, the courtroom, the spotlight, use the courts to punish . One of the biggest infomercial suits, which is wending its way through federal district court in Los Angeles, involves Chester, N.J.-based Precise Exercise Equipment Inc., which claims it invented the abdominal exercise machine that over the past two years has become a ubiquitous sight on late-night television.

Although a half-dozen companies that used infomercials to market knock-offs of the product have settled with Precise Equipment, seven lawsuits are still pending - against giant industry players such as Guthy-Renker Corp. of Santa Monica and Philadelphia-based National Media Corp.

Meanwhile, National Media and Guthy-Renker have countersued each other over the rights to another exercise machine, the Fitness Flyer.

Steven Dworman, who owns a West L.A.-based electronic retail consulting firm Noun 1. consulting firm - a firm of experts providing professional advice to an organization for a fee
consulting company

business firm, firm, house - the members of a business organization that owns or operates one or more establishments; "he worked for a
, publishes an industry newsletter called the Infomercial Marketing Report that is so packed with lawsuits it sometimes reads like a recruiting manual for the Bar Association.

He says about half the original members of the industry's trade group, the National Infomercial Marketing Association, have quit the organization in disgust over the conduct of their fellow members.
COPYRIGHT 1997 CBJ, L.P.
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 1997, Gale Group. All rights reserved. Gale Group is a Thomson Corporation Company.

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Title Annotation:lawsuits between infomercial companies
Author:Turner, Dan
Publication:Los Angeles Business Journal
Date:Mar 31, 1997
Words:904
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