In the latest decision, Polk Failla wrote, “A wise man once observed, ‘If you can’t imitate him, don’t copy him.’ The fine line between permissible imitation and wholesale duplication is at the heart of this lawsuit.”
A&E’s claims are based on copyright infringement, trademark infringement, and unfair competition arising under state and federal law.Live PD, the Court does not hesitate to find that the works are substantially similar. On look alone, the two shows are virtually indistinguishable. The Court acknowledges that where, as here, protectability rests on a thin original contribution, the infringing work must involve ‘very close copying’ to survive dismissal,” added Polk Failla.
As a result of this latest ruling, A&E Television Networks may pursue discovery on these claims and the defendants – Big Fish Entertainment and Reelz – must respond by July 7. All parties are directed to file a joint status letter regarding next steps by July 21.