Columbo’s First Name
and The Supreme Court
- The “Philip Columbo” Story Columbo’s
first name was the subject of a $300 million lawsuit, in the 1980s, that
was appealed all the way to the Supreme Court of the United States. Here’s
the story. Fred L. Worth, a former air traffic controller from Sacramento, California, wrote a book called “The Trivia Encyclopedia”, published in 1974. The book was followed by “The Complete Unabridged Super Trivia Encyclopedia” in 1977, a big success which led to additional “Super Trivia” books including “Super Trivia, vol. II” in 1981. Fred was convinced that trivia was about to become a boom industry, and he wanted to protect the work that he had assembled. However, he realized that no one can “own” facts of public record – he could only try to claim rights to the form of his own compilation.
Fred
got an idea. He was inspired by an old map-makers trick -- because no one
can “own” objective geographical facts, map companies often insert
fictitious lakes and roads, in obscure places, so that if another map
company copies their work, it can be proven. With this in mind, Fred
figured that if he intentionally inserted a totally false item of trivia
in his book, then if someone copied from him, Fred would be able to prove
that his work was stolen. Years later, Fred stated that he tried to market the idea of a trivia board game when his books were first written, but “Nobody was interested, then.” Trivia
began to take off as a hobby and in common conversation, and soon a board
game was released, called “Trivial Pursuit”. The game was a
blockbuster hit, generating sales volume of over $256 million by the end
of 1984. Fred
Worth thought that the material on the “Trivial Pursuit” cards looked
awfully familiar. After review and comparison, he claimed that about a
third of the material in "Trivial Pursuit” was directly lifted from
his book, "Super Trivia”. Fred
decided to sue for copyright infringement. He thought he had a secret
weapon, which turned out to be -- Columbo’s first name. Or rather,
Columbo’s lack of a genuine first name. In
“Super Trivia”, Fred had included the statement that Columbo’s first
name was “Philip”. This assertion was completely invented by Fred, for
no purpose except to trap potential copycats. On
October 23, 1984, Fred filed a lawsuit in the federal district court for
Southern California, against the “Trivial Pursuit” inventors, John and
Chris Haney, Ed Werner, and Scott Abbott, and against the game’s US and
Canadian distributors, Selchow & Righter and Horn Abbott Ltd. The suit
claimed $300 million in damages. Fred’s
lawyers proclaimed that “Trivial Pursuit” had substantially pirated
material from “Super Trivia” and other books by Fred Worth, even to
the point of copying typographical errors and mis-prints from Fred’s
work. They said that Fred had
a crucial piece of evidence – a fake trivia answer, which Fred had made
up in order to thwart anyone who violated his copyright. But Fred and his
lawyers, at first, strategically refused to divulge the secret answer. ''I
only have one
fact that
is not true,'' Fred Worth said in a telephone interview.
''I made it up so I would know if anyone ever used my books.'' He
declined to disclose the fact, saying he needed to keep it a secret in
order to trap others who might use his information. Finally,
Fred’s secret weapon was revealed -- “Trivial Pursuit” had a game
card which claimed that Columbo’s first name was “Philip”. The game
makers could not have taken this information from any source except Fred
Worth’s book, because the name Philip Columbo had been fabricated by
Fred himself. The
“Trivial Pursuit” defendants admitted that they had copied from Fred
Worth’s book, but they claimed that they had also copied from many other
sources. There’s a saying in academia: “When you copy from one source,
it’s called plagiarism; when you copy from many sources, it’s called
research.” Fred’s
case was thrown out of court by Judge Wm Matthew Byrne, Jr, without coming
to trial. In 1987, the dismissal was upheld by the 9th Circuit
Court of Appeals, which declared that the game “Trivial Pursuit” was
“substantially different” from the book “Super Trivia”. Fred’s
lawyers appealed to the United States Supreme Court, but on March 28,
1988, the high court rejected their petition. Fred
Worth’s invention of “Philip Columbo” had failed as a legal ploy.
And yet, his influence persists to this day, long after “Trivial
Pursuit” removed the offending question from the game.
In
“The Cop Cookbook” (a collection
of recipes by famous TV detectives, with proceeds going to police widows),
Peter Falk’s recipe for pumpkin lasagna (not chili!) is accompanied by a
reference to his television character -- “Philip Columbo”.
In a web site devoted to the show “Mrs Columbo” (which, like
the “Columbo” series, never revealed the Lieutenant’s first name),
there are mentions of Kate Columbo’s husband by his supposed first name,
“Philip”. Other “Columbo” web sites refer to “Philip Columbo”,
or claim that the first name Philip was used in the stage version of
“Prescription: Murder” (not true). A Peugeot advertisement
claims that the world’s most famous Peugeot convertible driver is “Lt
Philip Columbo”. Various newspapers have run “trivia” columns and
contests, alleging that Columbo’s first name is Philip. In newsgroups
around the internet, and in emails to this web site, we continue to see
posts from fans who insist that Columbo’s first name is “Philip” –
they’re not quite sure where they heard it, but they “know it for a
fact”. And so, Fred Worth’s prank has passed into legend, and is an enduring part of the “Columbo” legacy. For
more information on Columbo's first Names see Lt.
First Name |