“In an era where original content is at a premium, Zeus has chosen the path of least resistance: stealing the fruits of Viacom’s goodwill and decades of labor and innovation, and pawning it off as its own original idea for its own financial gain,” lawyers for Viacom wrote in the suit.
While the judge allowed the trademark part of the case to continue, he wasn’t as convinced by the copyright infringement claims. He noted that reality TV often shares the same talent and similar vibes, which isn’t necessarily illegal.
“Many reality shows … would be liable for copyright infringement, as they often recruit the same individuals, place them in similar scenarios, and have similar pacing and themes,” the judge explained. He further clarified his stance, adding, “There is a reason that Viacom can only point to a single case for support; if thematic similarities sufficed for a copyright-infringement claim, it would make the development of new television shows much more difficult.”
Interestingly, while Nick Cannon is the common denominator in both shows and the primary focus of the comparison, he is not personally being sued. For now, the battle remains strictly between the two networks as they prepare to exchange evidence in court.
