Authors Nicky Moonbeam Heads to a Jury Trial in California State Superior Court vs Henson, Sesame, Viacom, Simon and Schuster- March 2005.

Former Schoolteach David vs. Goliath heads to jury trial in California State Superior Court CA, March 05

Mission Viejo, CA (PRWEB) December 13, 2004 -- Wanda Cavalier, a former schoolteacher developed a children's imaginary character as a child of seven with a lifelong dream to share her character with the "children of the world." The authors' nightmare began in October l999, when she filed a Federal copyright case, Cavalier VS. Sesame Workshop and publishing giant, Random House - in a California - U.S. District Court # CV 99-10175. The Federal case originally scheduled for trial in July 2003; settled June 2003, with neither party able to reveal settlement terms.

In a published opinion, the U.S. Ninth District Court of Appeals ruled in the author’s favor reinstating her lawsuit that had originally been dismissed. The appeals panel in a unanimous 3-0 vote found that Sesame and Randoms' Good Night Elmo and Ernie board book designs incorporating a Night Light and star button had “obvious similarities” to Cavalier’s copyrighted Night Light and star button designs holding Cavalier’s claims could go to a jury.

Cavalier later filed state claims in California State Superior Court # BC 25158 vs. Henson, Simon & Schuster, Sesame and Viacom. The case heads to trial March 2005; with law firms Pillsbury Winthrop and John Walton Law Offices representing the author.

Summer of l998 through March l999, Cavalier worked with Terri Weiss Executive producer on a Nicky Moonbeam TV pilot with Sesame Street animators. In March Sesame rejected the author’s project.

Laurie Curran, Hasbro Toy licensing, believing in Nicky’s “universal appeal to children” opened the doors for the author to work with Sesame. In February l999, Curran arranged for the author to present Nicky to Henson, Simon Schuster, and Random House. Each defendant requested that Cavalier leave the Nicky property for further consideration.

A short time letter each company rejected the property. In the fall of 1999, the author noticed Nicky Moonbeam elements appearing on defendants’ various joint venture properties, books, toys, TV shows Blues Clues, Luna, Bear in the Big Blue House, Dragon Tales, and Dora the Explorer.

According to both lawsuits, Cavalier developed a character, Nicky Moonbeam, “The Man in the Moon”, “Night Light in the Sky”, conducting research in children who fear the dark, later filing copyrights and a trademark, Don’t Be Afraid of the Dark. Nicky was test marketed on elementary children as early as May l996.

Prior to the lawsuits, Nicky Moonbeam was under consideration for eighteen months, by a PBS executive who brought Barney to the marketplace .In court documents, PBS wrote in support of the author. “Nicky presented intrinsic value for children and embodied and enhanced the child and family and a strong candidate for PBS, calling it one of most well-developed children’s TV series that he had ever seen from an individual who was not otherwise involved in the television industry,” requesting Cavalier write thirteen TV episodes.

Central to both lawsuits, Terri Weiss, the Sesame executive that Cavalier "originally pitched". Weiss later joined Nick Jr. Weiss involved in the development of Dora the Explorer where Cavalier’s copyrighted explorer stars are appearing.

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