Seven is suing Nine and Endemol in a copyright claim against The Hot Plate.
Tomorrow a Federal Court judge will decide if Seven has a case of copyright infringement and whether Hot Plate should be taken off air.
News Corp reports Seven will claim Hot Plate used almost identical casting, costuming, sets, music, promotion and judging processes to My Kitchen Rules.
“Channel Nine’s on-air promotions for its programme had a strange sense of deja vu. We then saw it. We believe Nine has appropriated Seven’s My Kitchen Rules original format and related production elements, and contravened copyright. That’s why we’re in court,” a Seven spokesman told TV Tonight.
Nine maintains its format varies further in coming episodes with restaurant design elements.
Judge Scott Pickett said, “The second round of our show goes into a restaurant make over.
“I think it’s just sour grapes because Restaurant Revolution hasn’t really kicked.”
Nine kept its preview episodes close to its chest in what is understood have minimised the likelihood of Seven seeing a copy.
While Nine’s show has launched better than Seven’s, many viewers took to social media to accuse it of cloning MKR.
Yet MKR also includes elements found in UK format Come Dine with Me where amateur cooks score one another in home dinner parties.
If the audience is right, the Endemol series does not offer enough point of difference for it to fire as a hit just yet.