“The Glass House” can premiere as planned. (Nicole Wilder/ABC)

 U.S. District Judge Gary Feess said he thought “Glass House” was sufficiently different than CBS’s “Big Brother” because of the level of audience participation in the ABC show, in which contestants will attempt to gain attention from viewers to stay in the competition.

 "I think is very likely to induce quite different behavior than one would expect to see in the `Big Brother' show," Feess said, according to coverage of the hearing in Los Angeles by various media outlets, including the Associated Press.

CBS has charged ABC’s show with stealing proprietary information from “Big Brother” by hiring former “BB” staffers. ABC’s show has “copied lock, stock and barrel” its long-running summer series, CBS attorney Scott Edelman said in the hearing.

 ABC’s lawyer, Glenn Pomerantz, however, said “ABC doesn't want to use any of CBS' trade secrets,” adding, “It doesn't need them.”

 After Feess’s preliminary comments Friday, CBS said it would continue to pursue it’s case, regardless:

 “Win, lose or draw on the TRO, we fully intend to proceed with our claims against Disney/ABC for copyright infringement and misappropriation of trade secrets over ‘The Glass House,’ which may still warrant more injunction proceedings depending on the content of each episode,” CBS said in a statement.

 “At the same time, we will move forward with our individual claims for liability and liquidated damages against any current ‘The Glass House’ producer who violated their 'Big Brother' confidentiality agreement.”