Judge rules Numbers not up yet

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A Los Angeles Superior Court judge Tuesday refused to issue a preliminary injunction preventing a former executive of Exhibitor Relations from operating his new boxoffice analysis business.

Ruling in favor of defendant Paul Dergarabedian and his new firm Media by Numbers, Judge Richard Wolfe wrote in a tentative ruling, "Defendants have adequately shown that they will suffer the greater injury if the motion is granted."

Plaintiff Robert Bucksbaum -- who last year acquired Exhibitor Relations while Dergarabedian still was running the boxoffice data and analysis firm -- had sought to shut down Media by Numbers while his suit against Dergarabedian proceeded. A March 1 hearing is set for the suit, in which Bucksbaum and Exhibitor Relations contend that Dergarabedian improperly took with him proprietary data belonging to Exhibitor Relations.

Dergarabedian has denied the allegation. When a Superior Court judge previously granted a temporary restraining order barring the former exec's removing any Exhibitor Relations data or equipment, Dergarabedian through an attorney stressed that he made no claims on the right to remove any databases.

"As the result of the decision, Paul can continue to do what he does best, and what he has done for the past 14 years," Dergarabedian's attorney, Jerry Konell, said Tuesday.

Konell, of the Los Angeles law firm Konell, Ruggiero & Konell, said the latest ruling means his client is free to provide boxoffice analysis to anyone -- including present and former customers of Exhibitor Relations.

An attorney for the plaintiff, Martin Kaufman of Los Angeles, was not immediately available for comment.
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