Judge: Food Network's 'Private Chefs' can air as planned

By Matthew Belloni

EXCLUSIVE: A federal judge has denied a preliminary injunction against Food Network's "Private Chefs of Beverly Hills" that could have stopped the show's second season before its Oct. 12 premiere.

As we've reported, a company called Private Chefs Inc. sued Food Network in August claiming the show violates its trademarks and breaches an implied contract. Private Chefs claims that in 2002 its president pitched a similar show about chefs-to-the-stars to Food Network.

Private Chefs also filed court papers asking for an preliminary injunction against the show's airing. But Judge Consuelo Marshall yesterday denied the request, issuing an order saying that Private Chefs "has failed to show a likelihood of success on the merits or irreparable harm" (part of the test for whether to grant an injunction).

The case will continue but Food Network can safely air "Private Chefs of Beverly Hills" in the meantime.