Runner-up Josh Souza leaves the house

Mr Rosenblum claims the uses of the name Big Brother and the production company's name, Orwell Productions, misled the public as to the source of the series.

Orwell Productions, together with CBS and its corporate parent Viacom, brought a motion to dismiss the lawsuit in court in Chicago.

But US District Judge James F Holderman denied the motion.

He also refused to dismiss claims brought under US copyright law which allege the show infringes the copyright of the novel 1984.

But the judge did dismiss two claims based on Illinois law.

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Representatives of CBS, Viacom and Orwell Productions were unavailable for comment.

As well as producing the film, Mr Rosenblum also developed computer games and attempted to sell a television show based on the novel.

The Big Brother TV series is derived from a Dutch format, and versions of the show have been enormous hits in Europe.

But the US version was overshadowed by another reality TV show, Survivor, which was also broadcast by CBS.

It was won by New Yorker Eddie McGee, who picked up a $500,000 prize.