See, that's why I don't think this is as "open and shut" as most people think -- there is no plot, no script. The show allows the audience to pick who becomes the "American Idol". Basically, the show would have to prove that nobody over the age of 24 could conceivably perform that 'job function'. That's not easy......
EVERY television program has some type of script and pre-defined plot, with the exception of 'reality' shows like COPS, which are more like news crews following actual people around in their actual jobs, without any direction or script to follow. This particular show, like Survivor, or Joe Millionaire, undoubtedly had a 'script' of some type which outlines the main criteria and creative vision of the show which its creators wanted to produce.
This is not the first lawsuit of its type against television or movie production companies, nor even the first lawsuit of its type using this legal argument. They have all, without exception, failed. It is not likely to be revisited.
The title of the program is completely, totally, utterly irrelevant. They can call the show whatever they wish to call it, "Armenian Sex Symbol", "African Zombie Man", "South American Slut Queen and Part-Time Manicurist ", and the content of those shows need not resemble or adhere or rise to anyone's interpretation of those titles EXCEPT that of the show's creators and producers. Its called "creative license" and is protected First Amendment expression.
Is any of this getting through?
I'm no lawyer, so I dunno. It will be interesting to see where this ends up.
Which will be in the circular file cabinet.