Mark Bethea alleges that he and LA-based production company Velocity Entertainment Group came up with the idea for an unscripted series called CEOthat would have been hosted by Trump and set in a corporate environment.
The legal action targets Mark Burnett, the British producer of US hits such as Survivorand The Contender, and his partner, Conrad Riggs. It also targets Trump, the US tycoon who hosted and executive produced The Apprentice.
Both Trump and Burnett are due to be issued with depositions this week and the trial is set to begin on 1 November.
It claims that Bethea pitched the idea to producers, including Riggs, in June 2001. Riggs later informed Bethea that both he and Burnett were not interested in producing CEO.
But the lawsuit alleges that the pair later lifted "substantial and integral material" from Bethea's format for The Apprentice.
Burnett has previously claimed he came up with the concept for The Apprenticein 2002, while filming Survivorin Brazil. Bethea owns the copyright to CEO. and the idea was registered with the Writer Guild of America in August 2000, according to the lawsuit.
Bethea attempted to achieve an amicable settlement with the producers of The Apprenticein spring 2003, when US network NBC first announced it was to broadcast the show. But after these efforts were rebuffed, Bethea returned with legal action.
The Apprenticewas a major hit for NBC and is believed to have generated $100m in gross revenues during the first season. A UK version, starring Alan Sugar, is currently airing on BBC2 and the format has been sold around the world.
UK indies are also preparing to face court action throughout the year over copycat formats.
RDF is currently involved in litigation with Fox Broadcasting in the US. The indie alleges that Fox's programme, Trading Spouses, is a rip-off of its Wife Swap format. A US judge is expected to rule on whether the case will go ahead in May.
In addition, Simon Cowell and Simon Fuller look set to go head to head in the courtroom over The X Factor. Fuller claims the ITV talent show, produced by Cowell's indie Syco, is a Pop Idolcopy and is aiming for an October court date.
Meanwhile, legal correspondence is ongoing over claims that UK indie 12 Yard Productions stole the format to Celador's You Are What You Eatfor its own diet-based show, Eat Yourself Whole.
The issue centres on rival broadcasters in New Zealand, who are screening their own versions of the format. Further action is expected within weeks.
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