ABC‘s reality series The Glass House is long forgotten following a low-rated run last summer, but the legal battle that it triggered is just now coming to an end. CBS announced this morning that the …
They say people who live in glass houses shouldn’t throw stones but that hasn’t prevented an ABC VP and the producers of the network’s The Glass House from firing back at CBS in the courts. The reality show’s executive producer Kenny Rosen, producer Michael O’Sullivan and ABC’s Vice-President of Alternative Programming Corie Henson have sued (read complaint here) CBS claiming that the network is using the legal “equivalent of war” against them in its arbitration actions. All three of the plaintiffs served in the past as producers on CBS’s Big Brother. In its now-dropped suit against ABC – filed on May 10 - CBS claimed that The Glass House was a blatant rip-off of Big Brother. Glass House floundered in the ratings over the summer and never came close to being a threat to Big Brother with viewers. While CBS let its legal action against ABC go in mid-August after some legal setbacks, it has pursued contract and trade secret claims that the former producers violated their confidentiality agreements. “We believe this is simply an attempt to delay the inevitable arbitration proceeding. We are very confident in our position that there has been a violation of signed, written confidentiality agreements, and we will look forward to a determination of that matter by the arbitration panel,” said CBS in a statement today.
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.
RATINGS RAT RACE: ‘Bachelorette’ Hits Low, ‘American Ninja Warrior’ Up Big, ‘Fear Factor’ & ‘MasterChef’ Rise
The Bachelorette (2.2/6) had its tell-all episode last night with the guys who didn’t make Emily Maynard’s cut. The show was down 12% from last week and tied a season low (with the exception of specials). Still, last night’s episode – the last before July 22’s finale — was Monday’s most-watched show with more than 7 million viewers. Meanwhile, the fifth week of The Glass House (1.0/3) was flat with last week and tied a season low. ABC won the night in viewers and Fox won in adults 18-49.
ABC: We’re pleased the Court agreed with ABC’s arguments that The Glass House is a very different show and people working in the reality television industry should not be prevented from bringing their skills to a new employer. We are thrilled viewers will now get a chance to continue to enjoy and participate in ABC’s The Glass House.
CBS: This is only one preliminary step in a long road; we will now aggressively move two steps forward.
We intend to proceed with our claims against Disney/ABC for copyright infringement and misappropriation of trade secrets. At the same time, we will move forward with our individual claims for liability and liquidated damages against any current “Glass House” producer who violated their “Big Brother” confidentiality agreement.
The Court was very clear that its Order was without prejudice to any future proceedings and CBS looks forward to the evidence that further discovery will reveal, particularly from the estimated 30 former “Big Brother” producers/staff now employed by “Glass House.”
PREVIOUS: It’s official: A judge today refused CBS’ request for a temporary restraining order against ABC’s The Glass House. The reality show debuted Monday as planned — to soft ratings. In his ruling (Read it here) Judge Gary Feess wrote today that the court “has concluded that, while it cannot say that CBS will not prevail at trial, it has concluded that success on the merits is unlikely. The evidence before the Court indicates that, under the substantial similarity test, CBS is not likely to prove that Glass House has misappropriated protectable elements of Big Brother.” CBS sued ABC on May 10 claiming it’s a blatant rip-off of its Big Brother and infringes on the CBS show copyright. ABC, which claims it has spent about $16 million promoting Glass House’s debt, has said the CBS suit has “no merit.”
In another turn in the Glass House case, ABC late Friday opposed as “overbroad” a CBS request for the network and the new reality show’s employees’ correspondence. On May 10 CBS sued ABC, Keep Calm Productions and various …
ABC has picked up The Glass House, a competition reality series in the vein of Big Brother. It is set to premiere June 18 and is executive produced by former Big Brother producer Kenny Rosen. Described as an interactive real-life …