Madison Karsenty Analyzes Intellectual Property Concerns Surrounding Reality TV Series “The Vow”
Madison Karsenty was recently featured in Newsweek’s article “‘The Bachelor’ and ‘The Vow’ In TV Legal Fight Over Roses,” offering a legal perspective on intellectual property concerns surfacing over promotional material and imagery used for Fox News Media’s new dating show “The Vow,” which Warner Bros. alleges bears similarities to “The Bachelor.”
In the article, Madison analyzes the validity of allegations raised in Warner Bros.’ cease-and-desist letter, explaining that the company could face significant challenges in establishing ownership of imagery commonly associated with dating shows. “Fox has a strong argument that red roses, falling rose petals, tuxedos and mansion imagery are not protectable on their own,” she explains, emphasizing that genre elements and standard conventions are typically excluded from a court’s evaluation of copyright claims.
She continues to share that Warner Bros. could have a stronger argument if Fox copied the creative execution of “The Bachelor” promotional materials. “If the teaser closely tracks the lighting, pacing, shot sequence, graphics, music, layout and overall execution of identifiable Bachelor promo assets, Warner Bros. has a more plausible copyright theory,” she tells Newsweek.
While Warner Bros. has not objected to Chris Harrison hosting another dating show, his involvement, coupled with his appearance alongside similar promotional material imagery, could also strengthen the trademark argument if viewers are reasonably likely to perceive a connection between the two shows. “The issue is whether the teaser uses Harrison together with Bachelor-specific cues in a way that suggests affiliation, sponsorship or approval by The Bachelor franchise,” Madison notes, while adding that Fox could argue the expression constitutes parody and not branding. Though a lawsuit has yet to be filed, these concerns highlight the fine line between reality television format and copyrightable expression.