An attempt by Fox Entertainment Group to recoup almost $280,000 in attorney fees it spent staving off a copyright suit that a judge agreed was frivolous has been rebuffed.

Southern District of New York Judge Denise Cote held in Ninox v. Fox Entertainment Group, 04 Civ. 7891, that, although Fox had demonstrated that its reality show “The Complex: Malibu” was not substantially similar to one created by the plaintiff Ninox, called “Dream Home,” fees should not be awarded.

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