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CONCORD, N.H. (AP) – A new television series filmed in Plymouth may not air as planned this week.

A Manchester filmmaker has asked a federal judge to stop the broadcast of the pilot episode of “The Brotherhood of Poland, N.H.” arguing the show copied themes, settings and ideas from his film titled “Brotherhood.”

The new series created by David E. Kelley Productions was filmed in Plymouth in March and involved more than 250 residents serving as extras. It is scheduled to premiere Wednesday night on CBS.

U.S. District Court Judge Joseph DiClerico will hear arguments Monday, including a request to bar the pilot from being broadcast.

Michael J. MacLeod, of MJM Productions, brought suit along with screenwriter Jefferson Dutton, of Londonderry, saying the show violates the trademark rights of their film’s title “Brotherhood.”

The television series features three middle-aged brothers living in a small New Hampshire town. MacLeod points to similarities with his film which focuses on a group of men returning to a small New Hampshire town after college. It premiered last summer locally and was shown at Brandeis University in Massachusetts in December.

MacLeod said he submit the script to major film and television studios and began discussions with the television division of Warner Bros. MacLeod said Dutton began writing a television script based on the film for Warner Bros.

A few months later, MacLeod said he learned David E. Kelley Productions was preparing to film a television series called “The Brotherhood of Poland, New Hampshire.”

“Mr. Dutton and I were very concerned about the similarities between our film “Brotherhood” and Kelley Productions’ “Brotherhood.” We did not understand how a television pilot with a similar name took place in a similar small town in New Hampshire only months after our “Brotherhood” film was completed,” MacLeod said in a sworn statement that accompanies the lawsuit.

MacLeod said he contacted Kelley Productions with his concerns, but was told the company would not change the name of the series.

Kelley Productions, 20th Century Fox Television and David E. Kelley Productions issued a joint statement regarding the lawsuit. “We believe that MJM’s claim that it has any monopoly on the use of the word ‘Brotherhood’ in film or television series titles is ludicrous and is unsupported by the law or the facts in this situation,” a spokeswoman for Kelley Productions said Sunday.

MacLeod is asking the court to stop the show from airing or require that it include statements indicating the show is not affiliated with his film “Brotherhood” or MJM Productions.

MacLeod also is asking for copies of the television script to determine if there’s any copyright infringement of his film. He seeks financial compensation, attorney’s fees and costs as part of his lawsuit.

AP-ES-09-22-03 0216EDT


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