It isn’t over in the legal battle between CBS and ABC over The Glass House. Despite a number of legal setbacks, CBS is still pursuing its claim that the ABC reality show is a rip-off of its Big Brother. Earlier this week, following a Magistrate Judge’s June 26 denial of a fast discovery process, the network submitted an amended lawsuit (Read it here) in the matter. Similar in many ways to the suit CBS filed on May 10, the 46-page July 30 filing says “consistent with Defendants’ intention to copy Big Brother, Glass House is nearly identical to Big Brother in every way”. Well, not every way. After a judge refused CBS’ request for a temporary restraining order against the new show, The Glass House debuted on June 18 to soft ratings and has continued to stay pretty low ever since. Big Brother, on the other hand, returned for a 14th season on July 12 and, while down from last year, has had strong ratings. This week’s filing comes with several new paragraphs examining Glass House’s mood, tone, dialogue and other elements now that CBS lawyers have been able to watch the show. It also comes with an Appendix of a “Highly Confidential Document” that was “filed under seal pursuant to stipulated protective order”. CBS is pursuing copyright infringement and trade secret misappropriation, as well as breach of contract and fiduciary duty, claims against ABC, the Walt Disney Company as well as the Glass House production company and several former Big Brother producers now working on the ABC show. CBS wants “compensatory damages in an amount to be determined at trial”. The Glass House finishes its first season on August 20. CBS is represented by Scott Edelman, Michael Seitz, Theane Evangelis Kapur and Blaine Evanson of Gibson, Dunn & Crutcher. ABC is represented by Glenn Pomerantz, Jonathan Altman and Carolyn Hoecker Luedtke of Munger, Tolles & Olson.
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