Access practice tools, as well as industry leading news, customizable alerts, dockets, and primary content, including a comprehensive collection of case law, dockets, and regulations. Leverage...
March 15 — Lions Gate Entertainment can't pursue trademark claims against TD Ameritrade for a commercial that plays on a famous line from the 1987 film “Dirty Dancing,” the U.S. District Court for the Central District of California ruled March 14.
The film's producer attempted to assert trademark claims over the line “No one puts your old 401(k)in a corner” used in an April 2015 commercial for TD Ameritrade Services Co. created by Havas Worldwide New York Inc.
Lions Gate Entertainment claimed that the commercial infringed and diluted its trademark interests arising from a pivotal line of dialogue from “Dirty Dancing,” in which a lead character played by late actor Patrick Swayze says, “Nobody puts Baby in a corner.”
However, the court said that Lions Gate was trying to leverage its copyright interest in the movie into a trademark action, which is prohibited under Dastar Corp. v. Twentieth Century Fox Film Corp., 539 U.S. 23, 66 U.S.P.Q.2d 1641 (2003) .
“These actions are potential violations of Plaintiff's copyright in Dirty Dancing, but there is no trademark infringement or unfair competition based on trademark infringement,” the court said.
The court granted in part the defendants' motion for dismissal under Fed. R. Civ. P. 12(b)(6) for failure to state a claim for which the law offers a remedy.
The court's ruling was issued by Judge Dean D. Pregerson.
Lions Gate was represented by Sheppard Mullin Richter & Hampton LLP, Los Angeles. TD Ameritrade and Havas were represented by Olshan Frome Wolosky LLP, New York.
To contact the reporter on this story: Anandashankar Mazumdar in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: Mike Wilczek in Washington at email@example.com
Text is available at: http://src.bna.com/dkp.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)