ALEXANDER LINDSAY, Plaintiff, -against- The Wrecked and
Abandoned Vessel R.M.S. TITANIC, HER ENGINES, TACKLE,
EQUIPMENT, FURNISHINGS, Located Within One Nautical Mile of
a Point Located at 41 [degrees], 43'32" North Latitude and
49 [degrees], 56'49" West, and ARTIFACTS, and VIDEO Located at
17 Battery Place, New York, NY, in rem, and R.M.S. TITANIC, INC.,
TITANIC VENTURES LIMITED PARTNERSHIP, OCEANIC RE-
SEARCH AND EXPLORATION LIMITED, SUAREZ CORPORA-
TION INDUSTRIES, INC., and DISCOVERY COMMUNICATIONS,
INC., d.b.a. THE DISCOVERY CHANNEL, in personam, Defendants.
52 U.S.P.Q.2D 1609 (S.D.N.Y. 1999)
HAROLD BAER, JR., District Judge:
The plaintiff, a citizen of the United Kingdom and resident of the State of New York, is an in-
dependent documentary film maker engaged in the business of creating, producing, directing, and
filming documentaries. Defendant R.M.S. Titanic, Inc. ("RMST") is a publicly traded U.S. corpora-
tion, organized under the laws of the State of Florida, which conducts business within and has its
office and principal place of business in New York City. Defendant George Tulloch ("Tulloch") is a
shareholder, president and member of the board of directors of RMST. Defendant Titanic Ventures
Limited Partnership ("TVLP") is a limited partnership organized under the laws of Connecticut and
currently doing business in the State of New York.
Defendant Oceanic Research and Exploration
Limited ("OREL") is a Delaware corporation and general partner of TVLP. Defendant Tulloch is
also the president and sole shareholder of OREL (defendants RMST, Tulloch, TVLP and OREL
collectively as "RMST"). Defendant Suarez Corporation, Inc. ("SCI") is an Ohio corporation doing
business in the State of New York. Defendant Discovery Communications, Inc. ("DCI") is a Mary-
land corporation doing business as "The Discovery Channel", and is engaged in the business of
making, financing and distributing documentary films.
In 1993, RMST was awarded exclusive status as salvor-in-possession of the Titanic wreck site
and is therefore authorized to carry on salvage operations at the vessel's wreck site. As a condition
of obtaining these rights, RMST allegedly agreed to maintain all the artifacts it recovered during the
salvage operations for historical verification, scientific education, and public awareness.
In 1994, the plaintiff, under contract with a British television company, filmed and directed the
British documentary film, "Explorers of the Titanic," a chronicle of RMST's third salvage expedi-
tion of the Titanic. To film this documentary, Lindsay sailed with RMST and the salvage expedi-
tion crew to the wreck site and remained at sea for approximately one month. The plaintiff alleges
that during and after filming this documentary in 1994, he conceived a new film project for the Ti-
tanic wreck using high illumination lighting equipment.
The plaintiff later discussed his idea with defendant George Tulloch and, according to the plain-