BEVERLY HILLS, Calif. A judge gave the second round to Fox in a legal fight over competing boxing reality shows.
Superior Court Judge Lisa Hart Cole on Aug. 27 denied a request from producers of NBC's "The Contender" for a preliminary injunction against "The Next Great Champ," a Fox reality series produced by boxer Oscar De La Hoya and Endemol USA.
DreamWorks SKG and reality mogul Mark Burnett, makers of "The Contender," were trying to force Fox to edit allegedly unlawful bouts out of "The Next Great Champ" before it airs Sept. 7.
Cole ruled that the effort would violate Fox's First Amendment rights. Her action followed a similar ruling Aug. 18 by Judge Linda Lefkowitz, who declined to issue a temporary restraining order against the show.
Fox said it would move to have the entire legal action dismissed and seek reimbursement for legal costs.
"We are grateful the court clearly recognized that this action constituted an improper prior restraint, which would have inappropriately infringed upon our First Amendment rights," Fox spokesman Scott Grogin said in a prepared statement.
DreamWorks can still pursue its case against Fox, which NBC accuses of ripping off its idea.
"From day one Endemol has focused its attention on producing a high quality television show," said David Goldberg, president of Endemol USA. "Despite a variety of distractions, our commitment to that end has never wavered. Now the viewers will decide if we've done our job."
DreamWorks spokesman Andy Spahn said on Aug. 28 that the ruling did not absolve Fox or Endemol of violations asserted in a report by the California Athletic Commission.
"The report said that Endemol and Fox broke numerous laws in producing their show, laws designed to protect the health and safety of the fighters and the sport," Spahn said. "The court action did not rule on any of these violations, but merely rejected one possible remedy."
DreamWorks and Burnett allege "The Next Great Champ" was produced on a "rushed and frenzied basis" to beat NBC's series to the air. Although "The Contender" was announced first, it's not airing until sometime in November.
In "The Next Great Champ," aspiring boxers compete for a contract with De La Hoya's company and a World Boxing Organization title fight. In "The Contender," the prize is $1 million and a shot at a boxing career.