A&E, Reelz & Big Fish Heading Towards Court Over ‘On Patrol: Live’ After Judge Denies Previous Motion
deadline.comThe battle between A&E and rival network Reelz and production company Big Fish Entertainment over On Patrol: Live looks to be heading towards court after a judge dismissed the latter’s previous motion.
Katherine Polk Failla, a district judge in the U.S. District Court Southern District of New York has denied Big Fish’s motion to dismiss a case brought by the cable networks group over whether On Patrol: Live was a “clone” of Live PD.
A&E canceled Live PD, which was produced by Big Fish, in June 2020 in the aftermath of George Floyd’s killing, and the Amazon/MGM-backed production company went on to produce On Patrol: Live, which became a ratings hit for Reelz.
A&E sued Big Fish and Reelz in August 2022 and Big Fish hit back in December, calling the lawsuit “meritless”. 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. “Because On Patrol: Live copies nearly every single element in the same manner, coordination, and arrangement as Live PD, the Court does not hesitate to find that the works are substantially similar.
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