Summit Entertainment, LLC v. B.B. Dakota, Inc., No. 10-CV-04328 (C.D. Cal. Nov. 21, 2011) The cargo jacket worn by the character Bella Swan in the 2008 Twilight movie is the subject of the instant trademark and copyright dispute filed against the manufacturer of the jacket, which used a film image and film trademarks without authorization. The U.S. District Court for the Central District of California granted in part, and denied in part, plaintiff Summit Entertainment, LLC's motion for summary judgment. In doing so, the court found that Summit was able to establish most of its trademark and copyright claims as a matter of law, with the exception of its trademark dilution claim. As to that claim, the court could not decide whether the TWILIGHT mark was legally famous, despite the fact that the film series grossed $1 billion.
The "Twilight" Jacket
Photo Attached as Complaint Exhibit
Court Rejects Nominative Fair Use Defense
Trademark Dilution Claim
Copyright Infringement Claim
Trade Dress Infringement and Unfair Competition Counterclaims
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