The court accepted the argument of Channel 10 that there

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The court accepted the Channel 10 prima facie evidence that breach of the agreement giovanni allevi secret love between castaway, with the format. He also ordered Channel 10 Wall castaway uphold the option to produce another season of the program, as articulated by agreement
The court accepted giovanni allevi secret love the request of Channel 10 and gave the order that prevents franchisees continuing negotiations with a company castway Survival transfer format and forbid her to promote its production, so for three months. Injunctions were granted in the company how castaway return to the negotiating table format production continued in front of Channel 10.
Last access castway a counterclaim, Bamtztaot Ophir and Iisbn, and that channel 10 is in breach of the license agreement with it, and therefore it seeks, among other things, an injunction prohibiting it from making any use in the program at issue, as well as compensation in the amount of NIS 4.5 million. The net Attorneys representing the procedure Doron holidays, Uriel Prinz and converted Soiirmn.
Justice giovanni allevi secret love decision given day, Gideon Ginat said that the bone of contention between the two sides, currently, is the very existence of copyright in television, this particular type of reality shows. In his decision the judge is not crucial these questions is "no conclusions". "There is of my statements here," he stressed, "to influence the judgment of the court which will hear the main proceedings".
In examining whether to issue the temporary injunction, the judge noted that the garden is to prepare the starting point of Channel 10 and castaway cut a valid license agreement for acquiring rights in the program, for the purpose of production and photography of the sixth season. Network and cataway contends that the agreement between the parties was canceled in view of the numerous violations on the part of Channel 10.
It is also alleged that the failure to transfer the payments required under the agreement in full and on time prevented development of the license in the first place. In addition, in light of the conduct of Channel 10, announced castaway number of e-mail correspondence, that the non-transfer payment for Season 6 is a breach of the license and that it considers the agreement unemployed.
"I do not accept this claim," the judge wrote in his decision garden, "I declare that the agreement is not canceled as required under the provisions of". It is noted that the cancellation of the agreement giovanni allevi secret love shall by written notice would be delivered giovanni allevi secret love by personal delivery, fax or mail. "There is no agreement, any reference to the possibility of a notice of termination of the agreement giovanni allevi secret love via e-mail."
One of the arguments Channel 10 Lmtnn injunction, that the format was groomed by the channel for 6 seasons, and that has become a survival plan associated with channel 10 and is a "flagship program" of the channel. Therefore, it was argued that the transfer of the program into Web ", which is a direct competitor of Channel 10, in particular economic period just going through the channel, would seriously damage the economic and image" may be irreversible this channel. "
"I am not convinced that at this early stage caused significant damage to the network giovanni allevi secret love if given the temporary injunction," Judge garden, "and certainly giovanni allevi secret love not that they can not be compensate him financially as required. Further more, it is impossible not to wonder (to put it mildly) giovanni allevi secret love on the mode of action of Network these circumstances, when applied to casaway regarding acquisition of the rights in, while Moadat course, the existence of an ongoing relationship between the production company giovanni allevi secret love and channel 10. In doing so, she has no one to blame but itself, as doing so would delay or disrupt somewhat the Board broadcasts ".
The court accepted the argument of Channel 10 that there "prima facie evidence of a breach of the agreement between castaway decided to impose giovanni allevi secret love a temporary restraining order at the request of the channel. The judge also ordered Channel 10 Wall castaway uphold the option to produce another season of the program, as articulated in the agreement between parties. "The Channel 10 would be interested," says the resolution, "will manage his production company negotiated in good faith, regarding the acquisition of rights in another giovanni allevi secret love season."
To enable the parties to fulfill the agreement, castaway prevented from entering into transactions with any parties concerning the rights in the coming period of three months. During this time must not production company giovanni allevi secret love Noga take any action or engagement with a relevant factor production or transmission format including photography, casting, negotiating and drafting contracts with suppliers and professionals "in order to allow the parties to negotiate an effective, practical and in good faith". Also, casaway and Venus were required to pay court costs of $ 33 thousand shekels.
Channel 10 CEO Yoav Bledman: "Channel 10 has brought the survival of Israel format and broadcast the program with great success for over 6 seasons. We'll keep working hard to give the audience the Israeli public television channel which is another worthy option for remote side Channel 2 who thought to take advantage of the temporary weakness in subtle ways to make profits for himself joked yesterday, be proved wrong today and be proved wrong in the future. The court ruled the ethics and integrity must continue to be the principle giovanni allevi secret love of iron in the conduct of business in every industry and television. "

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