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'Madagascar' Infringed Fla. Man's Screenplay, Suit Says

A Florida animator alleges that the DreamWorks animated film "Madagascar," which follows the adventures of four animals who escape from New York City's Central Park Zoo, infringes a work he created in 1999.

The infringement is knowing and willful, according to the lawsuit.

Plaintiff Joseph Davis says he is an established animator, painter and author. The complaint, filed in the U.S. District Court for the Southern District of Florida, says he created the animated story "Animal's Night Out" in 1999.

The story also recounts the adventures of four animals that escape from the Central Park Zoo.

Davis says he met DreamWorks executive Leslee Feldman in 1997. He submitted

Davis says Feldman confirmed that she received the story but later indicated that the studio did not wish to develop any of his works.

When DreamWorks released "Madagascar" in 2005, Davis says, he noted substantial similarities to "Animal's Night Out," including the premise, location, plot devices and scene sequences.

He alleges that DreamWorks knowingly and willfully copied or created a substantially similar derivative work of "Animal's Night Out" without his permission.

DreamWorks Animation SKG was spawned in 1994 by the creative union of media moguls Steven Spielberg, Jeffrey Katzenberg and David Geffen. The studio primarily produces animated films.

The studio's popular films include the "Shrek" series and "Over the Hedge."

The complaint alleges copyright infringement, constructive fraud, unjust enrichment and breach of implied contract.

The constructive-fraud count asserts that Davis relied on Feldman's actual or implied authority to review his work in confidence and consider it for the exclusive purpose of developing a possible co-venture with DreamWorks.

Davis is seeking unspecified damages and a percentage of the profits from "Madagascar."

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He is represented by Manuel Farach of Rutherford Mulhall in West Palm Beach, Fla.