Pepperdine University’s bid for a court order to block Netflix from releasing parts of episodes of its upcoming series Running Point that allegedly infringe on its basketball team’s trademarks has been rejected by a federal judge. This legal battle stems from a lawsuit Pepperdine University filed against Netflix and Warner Bros. Discovery accusing them of trademark infringement. Pepperdine claims that the NBA team at the center of Running Point bears a striking resemblance in branding to its Waves athletics program.
Despite the denial of the temporary restraining order, Netflix will proceed with plans to release the sports comedy as scheduled. Pepperdine University’s senior vp, Sean Burnett, expressed concern over Netflix’s promotion of Running Point, stating that the series has misappropriated their trademarked name, the Waves, as well as their colors, hometown of Los Angeles, and founding year as an institution.
In response, U.S. District Judge Cynthia Valenzuela found that Netflix’s use of the Waves’ marks does not mislead consumers as to the source of the work. She noted that the show’s title cards clearly attribute the series to Netflix, WBD, and Mindy Kaling. The fictional basketball team in Running Point, the LA Waves, is a nod to the Lakers.
Jonathan Hyman, an intellectual property lawyer, stated that this decision does not eliminate trademark rights but may make it more challenging for brand owners to object to trademark uses in movies and television shows. Pepperdine University now has the option to pursue a preliminary injunction in this matter.
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