June 16, 2012 01:30:06 GMT
U.S. District Judge Gary A. Feess denies the plaintiff's request for temporary restraining order, saying that 'CBS has not persuaded us that it will succeed on its claims' in a full trial.
ABC has scored the first win in "The Glass House" case against CBS. On Friday, June 15, U.S. District Judge Gary A. Feess denied the Eye's request for temporary restraining order (TRO) that could block the show's premiere, meaning that the Alphabet can launch the new reality series as planned on Monday, June 18.
Saying a TRO could be very anti-competitive, the judge didn't see that CBS' claim of copyright infringement is strong enough. "CBS has not persuaded us that it will succeed on its claims" in a full trial, so he stated. While admitting there are similarities between the two shows, he thought they are generic ideas and "cannot be copyrighted."
Judge Feess additionally said he didn't see there were "trade secrets" being stolen from CBS, since they are "generally known in the business." On the fact that there are some former "Big Brother" employees who are now working on "Glass House", he said it is not a reason to see it as a violation.
Furthermore, the judge thought "Glass House" would do no harm to "Big Brother". He said, "I don't know that Glass House will have any impact on Big Brother... Big Brother will go forward."
Despite the loss in the first round, CBS plans to proceed with their lawsuit. "We appreciate the Court's continuing consideration of this case and our request for an injunction. Win, lose or draw on the TRO, we fully intend to proceed with our claims against Disney/ABC for copyright infringement and misappropriation of trade secrets over The Glass House," so the network said in a statement issued following the ruling.
Saying that it may seek "injunction" based "on the content of each episode," the Eye added, "At the same time, we will move forward with our individual claims for liability and liquidated damages against any current The Glass House producer who violated their Big Brother confidentiality agreement."